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Dáil Éireann debate -
Wednesday, 2 Jun 2010

Vol. 711 No. 2

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 4, inclusive, answered orally.
Questions Nos. 5 to 17, inclusive, resubmitted.
Questions Nos. 18 to 27, inclusive, answered orally.
Questions Nos. 28 and 29 answered with Question No. 25.

Departmental Expenditure

Noel Coonan

Question:

30 Deputy Noel J. Coonan asked the Minister for Defence the number of reports commissioned by his Department since July 1997; the expenditure on reports since that date; the number of reports entirely implemented; the number partially implemented; the number unimplemented; the names of the reports unimplemented; and if he will make a statement on the matter. [23472/10]

I propose to present the information on reports commissioned by the Department of Defence since July 1997 in the manner requested by the Deputy in reverse chronological order.

In 2009 the Department commissioned four reports as follows:

Deloitte were commissioned to undertake a review of the Finance Branch of the Department. The objective of the review was to examine the business processes, procedures and organisational structures in operation in Finance Branch and to provide a report making recommendations for improvements in order to maximise efficiency and effectiveness. The cost of the review was €80,550. The review is now being implemented and is delivering staff savings and improvements in efficiency and effectiveness.

Version 1 Ltd were commissioned to provide a report in respect of Oracle licence management in the Department of Defence and the Defence Forces. The results of this report will assist in the formulation of policy and practice in the area of licence management. The cost of the report was €2,308.

The Department commissioned an independent review of documentation in relation to a legal action initiated by a staff member. No implementation measures were required on foot of the report. The cost of the report was €2,430.

The Department commissioned an independent quality assessment of the Value for Money Review of Naval Service Vessel Maintenance, as part of the standard VFM process. The cost of the report was €2,800.

In 2008 the Department commissioned four reports as follows:

PA Consultant Group were commissioned to make recommendations on the best means of meeting the medical requirements of the Defence Forces. The cost of this review was €95,000. The consultancy focused on the sustainable provision of the relevant medical expertise and services to the Defence Forces. The consultants recommended a programme of major change, implementation of which is ongoing.

Entograph Ltd were commissioned to carry out a report for the control of bracken in the Glen of Imaal. The report cost €30,129 and the advice contained in it has been implemented.

Mott McDonald Ltd were commissioned to carry out a review of the Safety Policy at Casement Aerodrome in Baldonnel. The cost of this review was €50,000 and the recommendations have been implemented.

FGS Consulting were engaged to undertake a Value for Money Review of Military Training Lands. This review is part of a programme agreed between the Department of Defence and the Department of Finance as part of the Government's Value for Money and Policy Review initiative. The review is at an advanced stage and it is anticipated that this report will be completed in the near future. The total value of the contract is €90,000 and expenditure to date amounts to €60,500.

In 2007 two reviews were commissioned as follows:

TNS MRBI were commissioned to carry out research into the issue of Recruitment and Retention of Women in the Defence Forces. The research tested women's attitudes to military life and a career in the Defence Forces. The cost incurred was €47,746.60. The result of this market research has assisted in the formulation of policy and practice in this area.

The Department commissioned an independent quality assessment of the Value for Money Review of Clothing Procurement in the Defence Forces, as part of the standard VFM process. The cost of the report was €2,904.

In 2006 two reports were commissioned as follows:

The Office of Emergency Planning commissioned a Public Attitude Survey, which was conducted by Millward Brown, IMS. The cost of the survey was €30,912. The purpose of the survey was to carry out a market research programme into public attitudes and awareness of emergency planning in Ireland.

The Office of Emergency Planning commissioned Grayling Communications Consultants to devise a Communications Strategy on the approach to be taken by Government in its public information and awareness campaign on Emergency Planning. The cost of developing the strategy was €14,520. The campaign was subsequently launched in April 2008.

The principal reports commissioned in the earlier years back to 1997 included the following:

2004

The Independent Monitoring Group progress report entitled "Response to the Challenge of a Workplace" was presented. The cost of report was €161,259. This charted the progress made with implementation of the "Doyle Report".

2002

The "Challenge of a Workplace" report prepared by Dr. Eileen Doyle and the External Advisory Committee was presented to my predecessor. The cost of the report, also known as the "Doyle Report", was €63,000. Implementation of the recommendations arising from the report was driven by the "Independent Monitoring Group" set up in the same year.

2001

Intercontinental Aviation Consultants were commissioned to carry out an Air Operations Safety Audit of the Air Corps. The cost of the report was €55,442 and the recommendations were implemented.

1998

Ernst & Young were commissioned to carry out an analysis and design of a Fishery Control System to enable the Naval Service to meet its obligations under new fishery regulations. The cost of the report was €608,839 and the study formed the basis for the Naval Service's Fishery Control System.

If the deputy has any other specific report in mind or any particular topic of interest I would be happy to have the relevant information provided to him.

Defence Forces Expenditure

James Bannon

Question:

31 Deputy James Bannon asked the Minister for Defence the areas of the defence budget to which the financial savings from the withdrawal from the UN mission in Chad will be allocated; and if he will make a statement on the matter. [23453/10]

I have dealt comprehensively with the decision by the Government on 30 March 2010 to withdraw the Irish contingent from the United Nations Mission in the Central African Republic and Chad (MINURCAT) and the reasons for that decision. I can assure the House that it was not a decision the Government wanted to have to make and I have expressed my regret at how events unfolded in relation to the MINURCAT mission.

The priority for the Department of Defence now is to achieve an orderly withdrawal from Chad. The Irish contingent deployed with MINURCAT was withdrawn in May 2010 and the recovery of equipment and assets is ongoing. Some personnel remain on site to oversee this process.

The 2010 Defence Estimate contained the provision to sustain the Irish contingent on this mission. It also provided for receipts from the UN in the form of Appropriations-in-Aid. Savings will arise over the remainder of the year in respect of overseas allowances and logistics. However, some budgeted receipts from the UN will not now be received. The withdrawal from Chad will incur expenses not provided for in the 2010 Defence Estimate. Furthermore, negotiations will be undertaken with the UN regarding reimbursement in respect of aspects of the cost of the withdrawal. It is not possible at this stage, therefore, to establish the net impact of the withdrawal on the 2010 Defence Estimate.

If this process results in a net saving for the Defence Vote in 2010 I will take a view on its treatment when the nature of such a saving is known.

Northern Ireland Issues

Seymour Crawford

Question:

32 Deputy Seymour Crawford asked the Minister for Defence if he is satisfied that sufficient personnel are in place in the Border region in view if the recent information regarding dissident activities; and if he will make a statement on the matter. [23239/10]

John Deasy

Question:

52 Deputy John Deasy asked the Minister for Defence if, in view of the increased threat of dissident violence on the island of Ireland, additional Defence Forces resources have been allocated to the border regions; and if he will make a statement on the matter. [23477/10]

I propose to take Questions Nos. 32 and 52 together.

The primary responsibility for the maintenance of law and order rests with An Garda Síochána. The Defence Forces, pursuant to their role of rendering aid to the civil power, assist An Garda Síochána as required. The Defence Forces, in conjunction with An Garda Síochána, keep the threat level under continual review.

The military authorities have informed me that, having regard to the threat level and other security considerations, they are of the view that there has been no increase in the threat level in the Border region which would warrant the deployment of additional resources generally to the area. There has also been no request from An Garda Síochána for additional assistance such as would warrant a general increase in the level of personnel deployed in border areas.

In relation to EOD teams, the locations of the explosive ordnance disposal (EOD) teams are under constant review with the teams being positioned to service areas of greatest demand. There have been 78 EOD call-outs nationwide so far this year with 23 of those call-outs being hoaxes. Of that number, 5 were call-outs in the Border area with two being hoaxes. This represents a very small percentage of overall call outs for the EOD teams. However, the Defence Forces have put in place a number of measures that should reduce the response times for the EOD teams across the country. This includes the pre-positioning of some equipment in the Border region.

Overseas Missions

Catherine Byrne

Question:

33 Deputy Catherine Byrne asked the Minister for Defence if plans have been completed to increase the number of Irish troops serving in Bosnia in view of his previous commitment in Dáil Éireann during previous defence questions; the size of the increase; the date on which they will be deployed; the duration of the mission; and if he will make a statement on the matter. [23465/10]

Since the late 1990's, the Defence Forces have participated in peace support operations in the Western Balkans through their troop presence in the UN mandated NATO-led KFOR mission in Kosovo and in the UN mandated EU-led Operation ALTHEA (formerly SFOR) in Bosnia and Herzegovina.

As outlined in the budget in December 2009, it had been decided that the Defence Forces commitments to overseas peace support operations would be scaled back in 2010 in response to the budgetary expenditure reductions. It had been decided to drawdown the Defence Forces personnel serving with EUFOR's Operation ALTHEA in Bosnia and Herzegovina in July 2010. This was based on an expectation that the transition of the EUFOR mission to a training and support mission would be well in train by that time. Moreover, it was also expected that the UN mission in Chad and the Central African Republic, MINURCAT would be the mainstay of our overseas operations for the foreseeable future. However, the transition to a smaller training and support mission is now expected to be completed in December 2010 and, in the meantime, the Defence Forces contingent has been withdrawn from Chad.

Against that background and following a request by EUFOR's Operation Commander, as I informed the House last month, I have decided to defer the drawdown of the Irish contingent from EUFOR, originally scheduled for July 2010, until the end of 2010. The Irish contingent will remain at its current level of 43 personnel.

Question No. 34 answered with Question No. 25.

Thomas P. Broughan

Question:

35 Deputy Thomas P. Broughan asked the Minister for Defence his proposals regarding the participation by selected Reserve personnel in peace support operations; and if he will make a statement on the matter. [23346/10]

Richard Bruton

Question:

47 Deputy Richard Bruton asked the Minister for Defence the reason, in view of the fact that €20 million to €30 million has been spent on Reserve defence force annually, no reservists are qualified to take part in overseas service; and if he will make a statement on the matter. [23461/10]

Eamon Gilmore

Question:

81 Deputy Eamon Gilmore asked the Minister for Defence his proposals, if any, regarding officers and NCO’s of the Reserve Defence Forces retaining their rank for overseas missions; and if he will make a statement on the matter. [23350/10]

I propose to take Questions Nos. 35, 47 and 81 together.

The Reserve Defence Force's most important contribution, as outlined in the White Paper on Defence (2000), is to support the Permanent Defence Force in its contingency defence roles in an emergency situation. As such, in peacetime, the main function of the Reserve Defence Force is to train and prepare for these contingency roles. This accounts for the majority of Reserve expenditure.

The White Paper on Defence (2000), outlined an important change that RDF personnel should be considered for participation in overseas peace support missions, subject to appropriate qualifications, availability and advance training. This was identified as being an important motivational factor for Reservists.

The Reserve Defence Force Review Implementation Plan provided for a phased development of Reserve capabilities over the period to end 2009. It was anticipated that the improvements in capability delivered as part of the plan would contribute to facilitating a small number of Reservists with specialised skills serving on overseas peace support operations.

The military authorities had planned that Reservists would be drawn for overseas service from within the ranks of the integrated Reserve. A pilot integration programme was conducted in 2007 and continued into 2008. The numbers participating in these pilots was disappointing with just under 300 Reserve personnel participating.

To date, the operational requirements for overseas service have been met from within the Permanent Defence Force, without recourse to Reserve capabilities. The military authorities had identified a small number of overseas posts requiring specific skills that might be filled by members of the Reserve and had sought expressions of interest from suitably qualified Reservists who had undertaken integrated training.

The identification of Reservists, who may have been eligible and willing to apply for these overseas positions, was at an advanced stage in early 2009. Any commitment to overseas service by members of the Reserve was to be on a voluntary basis and a final decision in regards to their deployment was dependent on the selected personnel completing an extensive training schedule to up-skill to the requisite military standards to enable them to serve overseas.

In March 2009, the Government introduced a moratorium on recruitment to the Public Service. This moratorium prevented the planned recruitment of members of the Reserve to the PDF for the purpose of overseas service, as intended. Reductions in the Defence payroll budget at that time also limited the scope for payment of additional personnel. Accordingly, plans to send members of the Reserve overseas were suspended. As the pilot project to send a small number of Reservists overseas by end 2009 was at an advanced stage, its suspension was a disappointing development for all concerned.

As outlined in the budget in December 2009, Defence Forces commitments to overseas peace support operations are being scaled back in 2010. As a consequence, the number of PDF personnel serving overseas has reduced and there are no plans to send members of the Reserve overseas for the foreseeable future.

The terms of conditions for members of the Reserve who may be eligible to serve overseas in the future will be developed as appropriate.

Emergency Planning

Bernard J. Durkan

Question:

36 Deputy Bernard J. Durkan asked the Minister for Defence his role in the management, co-ordination, activation and implementation of the national emergency plan in the event of terrorist or natural disasters; the degree to which each element in the chain of command is activated and by whom; the person or persons with responsibility for overall command and supervision in such a situation; the extent to which weather conditions over the past year have provided useful training and experience for such situations; if an emergency plan can be activated and implemented within days, hours or minutes in such circumstances; and if he will make a statement on the matter. [23408/10]

As the Deputy will be aware, emergency planning in this country is based on the ‘lead department' principle. This means that each department is responsible for assessing the risks, making appropriate plans and leading the response to those emergencies that impact on its areas of responsibility.

The Government Task Force on Emergency Planning, which I chair, supports coordination in emergency planning across government departments and agencies. It is a forum for the sharing of information and best practice and it meets regularly to discuss emergency planning issues and hear expert advice.

In December 2008, the Government noted the document entitled ‘Roles and Responsibilities in Emergency Planning'. This document, for the first time, identified the lead department and the supporting departments and agencies in over 40 emergency scenarios. It was prepared by the Office of Emergency Planning and was agreed by the Government Task Force on Emergency Planning.

The Department of Justice & Law Reform is designated as the lead department in coordinating the response to national security related incidents (including terrorism).

The Department of the Environment, Heritage and Local Government is designated as the lead department in coordinating the national level response to severe weather emergencies. During the recent severe weather events, that Department chaired meetings of the National Emergency Response Committee, which included senior representatives from Government Departments, the Defence Forces, An Garda Síochána, Met Eireann, the National Roads Authority and other State Agencies that supported the response. The Committee examined all of the issues arising from the severe weather. It provided a forum for sharing of information and helped to bring about a coordinated ‘whole of government' response.

The National Emergency Coordination Centre was activated in support of the National Emergency Response Committee. Staff from the Office of Emergency Planning (civil and military) managed the Centre on an ongoing basis during the period of the emergency.

It should be stressed that the principal operational response to severe weather emergencies takes place at the local level and is coordinated by the local authorities in accordance with the arrangements set out in the Framework for Major Emergency Management.

As in all emergency situations, lessons can be learned. As Chair of the Government Task Force on Emergency Planning, I have asked every department and agency involved in dealing with the severe weather events to review its response so that we can learn from the experience gained during these emergencies.

Question No. 37 answered with Question No. 26.

Defence Forces Review

Phil Hogan

Question:

38 Deputy Phil Hogan asked the Minister for Defence if the final reports from a number of the working groups on the implementation of the Defence Forces medical review, including those on the future medical information system, organisation and establishment, training and education, and financial arrangements and outsourcing, were received as predicted by 30 April 2010; if he will inform the Houses of the Oireachtas of the contents of those reports; if it is his intention to publish those reports; if so, when; and if he will make a statement on the matter. [23495/10]

Billy Timmins

Question:

41 Deputy Billy Timmins asked the Minister for Defence when it is proposed to appoint the line colonel to act as commander of the central medical unit proposed in the PA Consulting group review of the medical services; if it is planned that this appointment will be at the rank of colonel indefinitely; and if he will make a statement on the matter. [23528/10]

Willie Penrose

Question:

55 Deputy Willie Penrose asked the Minister for Defence the number of the seven recommendations of the PA report that have been completely implemented regarding the provision of medical services in the Defence Forces; and if he will make a statement on the matter. [23407/10]

I propose to take Questions Nos. 38, 41, and 55 together.

The PA Report assessed the current arrangements for the provision of medical services and proposed a model for future delivery of those services. The Consultants recommended a programme of major change.

As recommended by PA, Working Groups have been set up to progress the various projects identified. These continue to meet regularly and all have submitted reports.

While none of the 7 recommendations from the PA Report have been completely implemented, the programme of implementation is progressing. In particular the Steering Group has:

Approved the high level organisation for the unit, which now includes a Line officer in the rank of Colonel commanding the Medical Corps.

Authorised the immediate introduction of a single annual medical for all Defence Forces personnel.

Directed, following the findings and recommendations of the Future Medical Information System Working Group, that all Medical Corps personnel will implement the Personnel Management System Medical Module.

Directed the establishment of formal links with the Medical Council, the Health Services Executive, Royal College of Surgeons etc. to explore external training for Doctors in the Defence Forces Medical Services.

Progress has also been made on implementation of many of the other PA recommendations including the development of medical officer lead care teams and the re-focusing of medical staff on appropriate clinical tasks.

The Line officer, in the rank of Colonel, to command the new Centralised Medical Unit for the Medical Corps is to take up duty within the next 2 weeks.

Final Reports from the Training & Education and the Financial Arrangements & Outsourcing Working Groups have been completed and will be considered by the Steering Group in the coming weeks. A draft of the Future Medical Information System working group final report is currently being considered by members of the group and will be finalised shortly.

The date of receipt of the final report from the Organisation & Establishment Working Group has been extended until 30 June 2010 to enable that Group to have full consideration of the reports of the other Working Groups. The Clinical Review Working Group is not due to submit its final report until 30 September 2010. However, monthly reports are being submitted in the interim. It is only following completion of this phase that full implementation of the PA recommendations can be achieved. It is not my intention to publish the final reports of the working groups as they are internal consultative papers whose function is to inform and advise senior management.

The process for implementation also requires that consultation with the Representative Associations must take place regarding any change within the scope of representation. Publication of the Working Group reports would not be appropriate considering the discussions, which will take place with the Representative Associations under the Conciliation and Arbitration scheme in the near future.

It is expected that there will be substantial progress before the end of the year in implementing recommendations. Some issues will be resolved quickly while others will require significant consideration and will for example require negotiation with the Representative Associations.

Defence Forces Staff

Terence Flanagan

Question:

39 Deputy Terence Flanagan asked the Minister for Defence his plans, through scheduled recruitment, to correct the extent to which the Defence Forces have disproportionate ratios of males to females in view of a commitment made by him in Dáil Éireann on 21 April 2010; and if he will make a statement on the matter. [23489/10]

Bernard J. Durkan

Question:

157 Deputy Bernard J. Durkan asked the Minister for Defence the number of female personnel who have retired or taken early retirement in the Defence Forces in the past two years; and if he will make a statement on the matter. [23764/10]

I propose to take Questions Nos. 39 and 157 together.

Within the available resources, the Government is committed to maintaining the strength of the Permanent Defence Force at a level of 10,000 all ranks, for which Government approval has been secured in the context of Budget 2010. This reflects the reductions in personnel recommended in the Report of the Special Group on Public Service Numbers and Expenditure Programmes.

Targeted recruitment will be carried out in 2010 to maintain the operational capability of the Defence Forces. In this regard, I have recently approved the recruitment of 40 Recruits for the Naval Service' applications for which close at the end of this week. Further recruitment to the Permanent Defence Force along with issues relating to promotions and acting appointments are kept under ongoing review.

The Government is committed to a policy of equal opportunity for men and women throughout the Defence Forces and to the full participation by women in all aspects of Defence Forces activities. It is on this basis that recruitment is undertaken.

I am advised by the Military authorities that the number of female personnel serving in the Permanent Defence Force on 30 April 2010, the latest date for which figures are currently available, was 564, of which 461 were serving in the Army, 33 in the Air Corps and 70 in the Naval Service. In terms of ranks, the breakdown of female personnel serving on 30 April 2010 was 143 Officers, 169 Non Commissioned Officers, 239 Privates and 13 Cadets. The percentage of female personnel serving on 30 April was 5.7% of the overall strength of the Force on that date.

I am further advised by the Military authorities that in the two year period, 1 June 2008 — 31 May 2010, the number of female personnel who either retired, took early retirement or were administratively discharged from the Defence Forces, amounted to 31.

Unlike many other national armed forces, the Defence Forces have no restrictions as regards the assignment of men or women to the full range of operational and administrative duties. All promotions and career courses are open to both genders on merit.

The Defence Forces prides itself on providing a gender neutral working environment. Policies on equality are being constantly communicated to all ranks. The military authorities are alert and vigilant to this issue and are committed to addressing this matter in a continuing and proactive manner.

Departmental Expenditure

Dinny McGinley

Question:

40 Deputy Dinny McGinley asked the Minister for Defence if he has availed of or is availing of the services of a public relations company for Government or constituency business; if the bills for the services provided are paid for by the Houses of the Oireachtas; if any such company is in receipt of a retention fee; and if he will make a statement on the matter. [23504/10]

The Department of Defence availed in 2007 and 2008 of the services of Murray Consultants for the Public Information and Awareness Campaign on Emergency Planning. Murray Consultants were awarded the PR contract for the campaign following and EU wide tender process. In April 2008, An Taoiseach, Mr. Bertie Ahern T.D., launched this Campaign National Emergency Coordination Centre. The main focus of the campaign was the publication and distribution of a handbook — ‘Preparing for Major Emergencies'.

The handbook was distributed to every household in the country and an advertisement campaign was undertaken to let people know that it was on the way and to encourage everyone to read it. Advertisements were placed in the print media, on radio and on outdoor billboards.

The costs outlined as follows include the cost of design, printing and distribution of 1.8 million handbooks and the associated media advertising costs and other support costs. It also includes the cost of designing the website www.emergencyplanning.ie

Year

2007

Murray Consultants

Public Information and Awareness Campaign initiated on Emergency Planning

253,300

2008

Murray Consultants

Implemented a Public Information and Awareness Campaign on Emergency Planning. The contract provided for the development of the Emergency Planning website, drafting, publication and distribution of a handbook on Emergency Planning and a media advertisement campaign associated with the launch of the handbook.

1,847,673

Murray Consultants have never worked for me on constituency or other business. At this time the Department has no contract with any other public relations company.

I opted for the fully vouched system under the Special Secretarial and General Purpose Parliamentary Allowance Scheme. Research and public relations services are provided to me by Mr. Mark Dunphy, Dunphy Public Relations, Connolly, Ennis, Co. Clare mainly in relation to non-Departmental, constituency or parliamentary duties. I understand that there is no provision for a retention fee under this scheme (SI 84/2010)

Question No. 41 answered with Question No. 38.

Naval Service Vessels

Joanna Tuffy

Question:

42 Deputy Joanna Tuffy asked the Minister for Defence his plans for vessel replacement for the Naval Service; and if he will make a statement on the matter. [23371/10]

Brian Hayes

Question:

50 Deputy Brian Hayes asked the Minister for Defence if any decisions have been made, or recommendations given to him, on the issue of the vessel replacement programme; and if he will make a statement on the matter. [23491/10]

Bernard J. Durkan

Question:

153 Deputy Bernard J. Durkan asked the Minister for Defence the extent to which all materials and equipment including seagoing vessels used by the naval service are upgraded, updated or replaced as necessary; the extent to which this has happened over the past three years and is likely to be provided for in the future; and if he will make a statement on the matter. [23760/10]

I propose to take Questions Nos. 42, 50 and 153 together.

A vessel replacement strategy for the Naval Service is currently in progress following the commencement of a tender competition in 2007. The competition sought tenders for the purchase of two Offshore Patrol Vessels (OPVs), with an option for a third, and one Extended Patrol Vessel (EPV), with an option for a second. The process comprised two stages — Stage 1, a Request for Proposals and Stage 2, an Invitation to Tender.

During 2008, Stage 1 of the tender process was completed and, insofar as the OPVs are concerned, tenders were received in response to Stage 2. Following tender evaluation, a preferred bidder was selected last year and contract negotiations have taken place. The decision to proceed with the final award of contract to purchase the OPVs is subject to Government approval and agreement on funding. Subject to such approval, delivery of the new vessels would be expected to commence on a phased basis from 2014.

The Naval Vessel Replacement Programme was considered as part of the Estimates and budgetary process for 2010. This included consideration of the report of the Special Group on Public Service Numbers and Expenditure Programmes.

In that regard, the particular recommendation in the Report of the Special Group on Public Service Numbers and Expenditure Programmes was that the Naval Service Vessel Replacement Programme be extended over a longer timeframe than initially envisaged.

The acquisition of new ships for the Naval Service is a key focus for me as Minister for Defence. It is, however, imperative that the Department and the Defence Forces look to whatever efficiencies we can make, taking into account the current difficult economic environment and the overall financial envelope available for the Department for major acquisitions such as new ships over the coming years. The budgetary situation will dictate the level of funding available for new equipment and upgrades in that period and decisions have to be made accordingly.

The acquisition of modern new vessels will ensure that the Service will be fully equipped to carry out its day to day roles in enforcing the State's sovereign rights over our waters and our fisheries and meeting Ireland's obligations in the area of maritime safety and security and fisheries protection. This strategy combined with a continuous process of refurbishment and repair will ensure that the operational capability of the Naval Service is maintained at a satisfactory level.

Question No. 43 answered with Question No. 23.

Defence Forces Recruitment

John O'Mahony

Question:

44 Deputy John O’Mahony asked the Minister for Defence if it is intended to recruit cadets for the Army, the Naval Service and the Air Corps, respectively, in 2010; and if he will make a statement on the matter. [23518/10]

The question of a cadet class in 2010 is being considered in the context of the review of structures and posts required to meet the operational requirements of the Defence Forces and the Government decision to maintain the strength of the Defence Forces at a complement of 10,000 serving personnel. I will consider the matter further in the context of the results of this review.

Defence Forces Equipment

Jack Wall

Question:

45 Deputy Jack Wall asked the Minister for Defence the progress made regarding the fitting of roll over protection systems to Defence Forces vehicles; if it is intended to fit the ROPS system to all passenger carrying vehicles; when this process is expected to be concluded; and if he will make a statement on the matter. [23363/10]

Pat Rabbitte

Question:

77 Deputy Pat Rabbitte asked the Minister for Defence the progress made regarding the fitting of roll over protection systems to Defence Forces vehicles; if it is intended to fit the ROPS system to all passenger carrying vehicles; when this process is expected to be concluded; and if he will make a statement on the matter. [23365/10]

I propose to take Questions Nos. 45 and 77 together.

A Board of Officers was convened in 2009 to examine the introduction of a Roll Over Protection System (ROPS) for use in military trucks. Following submission of the Board's report to the relevant military authorities in July 2009, a decision was reached to modify 100 Troop Carrying Vehicles (TCVs) to accept ROPS and to fit ROPS units to 50 Troop Carrying Vehicles initially.

The contract for the provision of the Roll Over Protection Systems (ROPS) to the Defence Forces was awarded in January 2010 following an open tender completion. The contract was placed with an Irish company, Transport Component Distributors Limited. The work was completed in the first five months of this year.

The ROPS units are modular in design and can be removed with ease when requirements arise to use TCVs for the carriage of equipment or stores. Future requirements will be the subject of further review later this year. The contract was valued at €571,000 (incl VAT).

The safety of our troops is paramount at all times. The provision of the ROPS is an important step for the Defence Forces given that it has been a top priority for the Department of Defence and the Defence Forces from the health and safety perspective in recent years. The provision of the new system will ensure that all personnel being carried for operational and training purposes on troop carrying vehicles will be afforded a significantly increased level of safety while in transit.

Question No. 46 answered with Question No. 26.
Question No. 47 answered with Question No. 35.

Defence Forces Reserve

Thomas P. Broughan

Question:

48 Deputy Thomas P. Broughan asked the Minister for Defence the role played by the Reserve Defence Forces in radiological monitoring over the past five years; if he intends to enhance this role; and if he will make a statement on the matter. [23347/10]

A National Emergency Plan for Nuclear Accidents (NEPNA) has been in place since 1992. In 1998, the Government decided to improve the NEPNA by enhancing the speed and quality of decision making by committees in the event and immediate aftermath of a nuclear accident. This plan provides a framework for the national response to a large scale nuclear accident.

A Service Level Agreement (SLA) exists between the Defence Forces, the Department of Defence, the Radiological Protection Institute of Ireland and the Department of the Environment, Heritage and Local Government. The role of the Defence Forces and the Department of Defence in the NEPNA is coordinated through the Emergency Response Coordinating Committee (ERCC). The Reserve Defence Forces, as a constituent part of the Defence Forces, have been assigned the role of radiological monitoring for the Defence Forces.

In order to fulfil the radiological monitoring roles assigned to the RDF, the Radiological Monitoring Section of the Directorate of the Reserve Defence Forces coordinates, maintains and trains qualified personnel in twenty seven (27) specified locations nationwide. These personnel are responsible for all monitoring equipment held by them in these locations. A specific training syllabus provides for the instruction of RDF personnel in radiological monitoring.

Radiological and Meteorological Monitoring Exercises (RadMon) are conducted annually and all recordings are submitted to the RPII and to the Directorate of Operations, Defence Forces Headquarters. The Radiological Monitoring Section, located at Kickham Barracks, Clonmel, is responsible for initiating, controlling and reporting on each exercise conducted. RadMon exercises are designed to practice staff involved in the collection and correlating of material and data gathered.

Exercises have been conducted annually since the inception of the NEPNA. It is envisaged that a RadMon exercise will be conducted in the second half of 2010. In addition to these annual exercises, training has been and continues to be conducted by staff of Directorate of the Reserve Defence Forces in order to ensure a suitable pool of qualified personnel is available at all times. There are no plans to change the role of the RDF in relation to radiological monitoring.

Defence Forces Recruitment

Pádraic McCormack

Question:

49 Deputy Pádraic McCormack asked the Minister for Defence if, in view of the impending retirement of the current military judge and the crucial nature of his role within the military justice system, a competition to find a replacement has been conducted; the result of that competition; when his replacement is due to take up the role; and if he will make a statement on the matter. [23499/10]

The current Military Judge is due to retire on 22 July next. The Department of Finance has recently approved the filling of this post and the military authorities are in the process of inviting eligible officers to provide expressions of interest. My Department is also in the process of establishing the committee for the purpose of identifying officers and informing the Government of the suitability of those officers for appointment to judicial office, pursuant to Section 184K(1) of the Defence Act 1954.

I fully recognise the importance of the Military Judge to the operation of the military justice and courts-martial system. Consequently, it is my intention that the replacement Judge will be appointed expeditiously.

Question No. 50 answered with Question No. 42.

Jim O'Keeffe

Question:

51 Deputy Jim O’Keeffe asked the Minister for Defence the number of non-nationals who are members of the Defence Forces; if there is any arrangement with the member states of the EU to facilitate this; and if he will make a statement on the matter. [23304/10]

The question of the recruitment of Non-Irish Nationals to the Defence Forces is not a new one. Defence Force Regulations have always allowed for the recruitment of non-Irish nationals to the Defence Forces. Entry to the Permanent Defence Force is either through the Cadetship Competition, Apprenticeship Competition, General Service Enlistment or Direct Entry Competitions which are held to fill vacancies in specialist appointments. All applicants for each of these entry streams are required to meet qualifying criteria.

There are generally more applicants for positions in the Defence Forces than places available. The Department and the Defence Forces are fully committed to ensuring that all suitably qualified candidates who wish to do so are given the opportunity to join the Defence Forces. The primary focus in recruitment is to attract people with the core competencies required by the Defence Forces.

Non-Irish Nationals have been and are currently employed in the Permanent Defence Force, but this has mainly been in certain specialised areas.

In terms of statistics, it is not the Defence Forces approach to categorise personnel by nationality or place of birth. However I am aware that currently 8 of the 20 Medical Officers in the Defence Forces are Non Irish Nationals.

An applicant who is a native born or naturalised citizen of another EU Member State may be enlisted into the Defence Forces providing they meet the same criteria as Irish nationals and are security cleared. Consequently there are no specific arrangements with Member States of the EU in relation to the recruitment of Non-Irish Nationals to the Irish Permanent Defence Force.

Question No. 52 answered with Question No. 32.

Emergency Planning

Sean Sherlock

Question:

53 Deputy Seán Sherlock asked the Minister for Defence if he will make a statement on the work of the Government task force on emergency planning which he chairs; and if he will make a statement on the matter. [23366/10]

I chair the Government Task Force on Emergency Planning which includes Ministers, senior officials of government departments, senior officers of An Garda Síochána and the Defence Forces and officials of other key public authorities, which have a lead or support role in Government emergency planning.

The Government Task Force meets on a regular basis and the most recent meeting took place on Thursday 20th May.

While the details of matters discussed at meetings of the Government Task Force are confidential, I can confirm that the Task Force examines current risks and supports coordination arrangements for emergency planning across Government. At last month's meeting, the Task Force received a comprehensive presentation from the Department of Transport on the volcanic ash situation. There were also presentations from Met Éireann, the Office of Public Works, the Department of Transport and the Department of the Environment, Heritage and Local Government on the flooding and severe weather events of late 2009 and early 2010.

Also, each meeting of the Task Force has, as a standing agenda item, an assessment of the current security threat, which is provided by An Garda Síochána and the Defence Forces.

Question No. 54 answered with Question No. 26.
Question No. 55 answered with Question No. 38.

Defence Forces Reserve

Kathleen Lynch

Question:

56 Deputy Kathleen Lynch asked the Minister for Defence if he will seek to ensure that unit commanders and administrative officers of the Reserve Defence Forces operate at a uniform level throughout the country; and if he will make a statement on the matter. [23352/10]

The military authorities have informed me that they have mechanisms that are designed to ensure that the required command, administration and training needs of Reserve Units are met. The mechanisms include Defence Force Regulations, Admin Instructions, the Defence Forces Human Resources Strategy, the Defence Forces Annual Plan, the Annual training directive as well as training instructions, inspections and unit assessments.

Overseas Missions

James Reilly

Question:

57 Deputy James Reilly asked the Minister for Defence the progress that has been made on securing a new overseas mission for the Defence Forces; and if he will make a statement on the matter. [23522/10]

Bernard J. Durkan

Question:

58 Deputy Bernard J. Durkan asked the Minister for Defence the role he sees for the Irish Defence Forces in future EU and UN sponsored peace keeping, peace enforcement, crisis control, humanitarian or other missions or emergencies; the EU or UN or national mechanisms likely to apply; the extent of any future training arrangements; and if he will make a statement on the matter. [23409/10]

Lucinda Creighton

Question:

59 Deputy Lucinda Creighton asked the Minister for Defence if there are plans for Ireland’s participation in further UN peace keeping missions; and if he will make a statement on the matter. [23447/10]

Ruairí Quinn

Question:

66 Deputy Ruairí Quinn asked the Minister for Defence the discussions he has had with the Department of Foreign Affairs regarding the resumption of the United Nations military element of the mission to Chad being resumed. [23360/10]

Sean Sherlock

Question:

82 Deputy Seán Sherlock asked the Minister for Defence the plans there are for Irish troops to serve abroad, having regard to the ending of the MINURCAT mission in Chad; and if he will make a statement on the matter. [23367/10]

Bernard J. Durkan

Question:

149 Deputy Bernard J. Durkan asked the Minister for Defence if any requests have been received for future deployments of Irish troops on overseas peacekeeping missions; and if he will make a statement on the matter. [23756/10]

I propose to take Questions Nos. 57 to 59, inclusive, 66, 82 and 149 together.

Ireland has offered, through the UN Standby Arrangements System (UNSAS), to provide up to 850 military personnel for overseas service at any one time. This figure equates to some 10% of Ireland's standing Army (excluding Reserves) and demonstrates Ireland's commitment to the cause of international peace. This is the maximum sustainable commitment that Ireland can make to overseas peacekeeping operations.

With regard to future deployments, Ireland receives requests, from time to time, in relation to participation in various missions and these are considered on a case-by-case basis. When considering any particular request, the existence of realistic objectives and a clear mandate, which has the potential to contribute to a political solution, consideration of how the mission relates to the priorities of Irish foreign policy and the degree of risk involved are amongst the factors considered.

Apart from a recent EU request to despatch members of the Permanent Defence Force for service with the EU Common Security and Defence Policy (CSDP) military mission to contribute to the training of Somali Security Forces (EUTM Somalia) being carried out in Uganda, no other deployments are planned or envisaged at this time. Five (5) Irish personnel took up duty with the mission at the end of April 2010. No requests have been received from the UN for deployment of personnel to other UN missions.

On 30 March 2010 the Government decided to withdraw the Irish contingent from the United Nations Mission in Chad and the Central African Republic (MINURCAT) for logistical reasons and lack of clarity regarding the renewal and nature of the mandate beyond mid-May 2010. Personnel of the 102nd Infantry Battalion were withdrawn from the mission last month. On 25 May 2010, the United Nations Security Council decided to terminate the MINURCAT mission by the end of the year. Under the new mandate, the Government of Chad assumes full responsibility for the protection of civilians, a responsibility that was originally assigned to the military component of the MINURCAT mission. Consequently, no discussions have taken place with the Department of Foreign Affairs on the resumption of the military element of the mission's mandate. A small number of Irish personnel are currently being retained at the Force Headquarters bringing the current total of Defence Forces personnel serving overseas to 167.

Following the return later this month of the Irish contingent-owned equipment from Chad, the Defence Forces will undertake the essential and extensive maintenance of equipment. We have also begun the process of examining further options for Defence Forces overseas operations.

I would like to assure the House that I am aware that participation in overseas operations over the years has given Defence Forces personnel the opportunity to develop skills and competencies through practice in actual operational situations. Personnel of the Permanent Defence Force will continue to receive ongoing training to enable them to participate fully in UN, EU and other missions overseas. Indeed, over the years Ireland has built up a fine reputation in the field of international peacekeeping and a considerable volume of international goodwill has resulted.

Defence Forces Equipment

Lucinda Creighton

Question:

60 Deputy Lucinda Creighton asked the Minister for Defence if there has been any consultation with other Departments with a view to involving Air Corps helicopters in search and rescue operations; and if he will make a statement on the matter. [23448/10]

The Irish Coast Guard has overall responsibility for the provision of Search and Rescue, (SAR) services within the Irish Search and Rescue region. In accordance with the roles assigned to them by Government in the White Paper on Defence, the Defence Forces are committed to providing support to the civil authorities including in relation to Search and Rescue. In this regard, the Air Corps provides support to the Coast Guard as the need arises and within its available capability.

The Air Corps was withdrawn from Maritime SAR in 2004 following operational difficulties in the provision of a consistent and satisfactory level of service.

The Department of Transport at the outset of its deliberative process into the purchase of new SAR helicopters invited the Department of Defence to nominate a person to the Future Helicopter Study Group to ensure that the widest consideration be given to the matter. A departmental official to represent departmental policy and an Air Corps Officer to advise on technical and operational matters were nominated by the Department of Defence. The current Air Corps helicopter assets are not configured for maritime search and rescue nor does the Air Corps have pilots or winchmen with the required training and experience to support such operations.

The Air Corps has a 24/7 general helicopter capability which is available in support of government approved missions. Its roles include support to the Garda Síochána, air ambulance, transport roles in support of civil authorities and response to emergencies and natural disasters on land. The Air Corps has a range of Service Level Agreements with State bodies and agencies including the Coast Guard. The SLA which was signed in December, 2008 sets out the SAR assistance that the Air Corps provides to the Coast Guard. The provision of assistance during mountain rescue operations and fixed wing top cover by the Air Corps Casa aircraft to Coast Guard helicopters are included in this agreement.

There are no plans to restore the Air Corps Maritime SAR capacity; to do so would require very significant investment in equipment and training over many years before it could be operational again.

Naval Service Operations

Jim O'Keeffe

Question:

61 Deputy Jim O’Keeffe asked the Minister for Defence if, in view of the greater focus on intelligence exchange among countries to tackle large drug shipments by sea, he accepts that the decision made by him to cut Naval Service patrol days by 200 days will limit the capacity of the Naval Service in its capacity to deal with drug trafficking; and if he will make a statement on the matter. [23305/10]

As part of the Estimates process for 2010, the Department sought to implement measures which would bring about the savings or the equivalent thereof as identified in the Report of the Special Group on Public Service Numbers and Expenditure Programme. As part of this process and to achieve a reduction in current expenditure, the Minister for Defence proposed a cut to the Naval Service patrol days in 2010. The planned number of patrol days for 2010 is 1,480.

The Naval Service has a concurrent multi-functional role as the State's primary sea going agency. On any given patrol day the Naval Service can carry out a number of taskings on behalf of other state agencies such as the Sea Fisheries Protection Agency (SFPA), an Garda Síochána and the Customs Service of the Revenue Commissioners.

Naval Service patrols at sea undoubtedly act as a deterrent in the fight against drug trafficking. However, increasingly this role is governed by intelligence led operations and greater cooperation between both national and international agencies.

Government measures to improve law enforcement in relation to drugs, including the establishment in 1993 of a Joint Task Force, (JTF) involving An Garda Síochána, the Customs Service and the Naval Service, have helped to maximise the effective use of Naval Service resources in combating drug trafficking. There is close co-operation between the civil authorities and the Naval Service in discharging this important mission.

Internationally, the establishment in 2007 of the Maritime Analysis and Operations Centre — Narcotics (MAOC-N) has led to a greater focus on intelligence exchange amongst countries to tackle large drug shipments by sea. MAOC-N was set up by seven European countries — Ireland, the United Kingdom, the Netherlands, France, Spain, Portugal and Italy. Europol, the European Commission and the US Joint Inter-Agency Drugs Task Force (JIATF) are observers at the centre.

The centre is designed as an international co-ordination force with access to national tasking agencies and requires participation and resources from all active members. The Garda Síochána and the Customs Service have full-time officers based at the Centre in Lisbon. Irish Naval Service personnel travel to the centre when requested by the JTF.

I am therefore satisfied that with these initiatives in place, the Naval Service can continue to successfully battle against the threat of drug smuggling within its revised patrol pattern for 2010.

Defence Forces Reserve

Brian O'Shea

Question:

62 Deputy Brian O’Shea asked the Minister for Defence the reason since the end of the Cold War that Ireland has not increased its reserve defence elements as have other western states; and if he will make a statement on the matter. [23397/10]

Joan Burton

Question:

79 Deputy Joan Burton asked the Minister for Defence his plans, if any, to enhance the role of the Reserve Defence Force in fishery protection and in the smuggling of illegal drugs and guns into the country; and if he will make a statement on the matter. [23345/10]

I propose to take Questions Nos. 62 and 79 together.

The White Paper on Defence (2000) sets out the Government's Defence policy, having regard to an assessment of the defence and security environment. It set out the blueprint for the Reserve Defence Force based on a strength in the region of 12,000.

The Reserve Defence Force Review Implementation Plan was formally launched in July 2004 and provided for the phased enhancement of Reserve capabilities over the period to end 2009.

The plan set out the proposed establishment of the Reserve. The Non-Integrated element of the Reserve was to have an establishment of 9,692. This establishment came into force in October 2005 when the Reserve was re-organised.

In addition, the plan provided for the development of an integrated element of the Army Reserve with a proposed establishment of 2,656 personnel. In line with the plan a pilot Integration project was initiated in 2007 and continued into 2008. Just under 300 Reservists participated in these pilots, which was less than anticipated and disappointing.

The numbers in the Reserve have declined over recent years, notwithstanding the improvements brought about under the implementation plan. It should also be noted that, as part of the implementation process, a more rigorous approach is now taken to removing the names of non-effective personnel from Unit rolls. This accounts for part of the fall in numbers over recent years.

A Value for Money Review of the Reserve Defence Force has been initiated and it is anticipated that the findings of this review will inform the future development of the Reserve Defence Force. This review will also complement the development of a new White Paper on Defence. There are no plans to revise the roles of the Reserve in advance of this review being published.

Liz McManus

Question:

63 Deputy Liz McManus asked the Minister for Defence if he will revisit the gratuity issue to include a payment for reservists who cannot attend full-time training and also a graduated payment for those who give most; and if he will make a statement on the matter. [23356/10]

The Reserve Defence Force is a part-time, voluntary organisation whose primary activity is training. Members are free to determine their own level of participation in Reserve activities and may resign from the Reserve at any time. Their service is provided entirely on a voluntary basis with no compulsion to attend.

Members of the Reserve undergo both paid and unpaid training. A gratuity is paid to members of the Reserve Defence Force as a measure of reimbursement on account of losses, expenses and disabilities incurred by them consequent on their obligations as members of the Reserve Defence Force.

As part of the modernisation of the Reserve Defence Force, a new scheme for the payment of gratuities was introduced from 1 January 2008 following consultation and agreement with the relevant stakeholders including the Reserve Defence Force Representative Association.

The new scheme provides for phased increases to the gratuity subject to the satisfactory completion by the Reservists of specified minimum periods of training and to have served for the period of the Reserve-training year, which, runs from 1 November to 31 October. Service in the Reserve commences on completion of the recruitment process, including medical testing and security clearance.

The provision this year for Reserve Defence Force paid training, gratuities etc. is €4.7 million and it is anticipated that this level of funding will provide for approximately 31,000 paid training man-days. In light of the reduced paid training day provision for 2010, it is anticipated that there will be an increased emphasis on voluntary unpaid training and 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. There will also be an allocation of training man-days to be used to deliver enhanced training to selected members of the Reserve, through full time courses of instruction in addition to their annual training.

The payment of the gratuity requires the completion of at least 7 days paid training which can be aggregated over the full training year. I am satisfied that the new scheme creates incentives to improve retention and attendance at training in the Reserve Defence Forces and this represents an effective productivity return from the revised gratuity rates and it is not my intention to reduce this requirement in the foreseeable future.

Defence Forces Deployment

Damien English

Question:

64 Deputy Damien English asked the Minister for Defence if Defence Forces involvement in protection of the Houses of the Oireachtas has been reviewed in view of recent disturbances; the additional measures that will be taken to ensure that the workings of Dáil Éireann are not impacted upon by actions taken by those assembling outside the Houses of the Oireachtas. [23482/10]

The Defence Forces are present in the Houses of the Oireachtas in Aid to the Civil Power (ATCP) and a Military Police detachment provides military support and security assistance to An Garda Síochána. A duty officer is on site on a twenty-four hour basis. These duties are performed in liaison with the Superintendent of the Houses of the Oireachtas. The Military Police detachment is not tasked with crowd control.

The Garda Síochána has primary responsibility for security both inside and outside the Houses of the Oireachtas and Government Buildings. As such, the question of any requirement for additional security would fall to the Garda in the first instance. No request for additional Defence Forces personnel to be deployed in the protection of the Houses of the Oireachtas has been received from the Garda.

Defence Forces Reserve

Eamon Gilmore

Question:

65 Deputy Eamon Gilmore asked the Minister for Defence the proposals he has to enhance the role and status of the Reserve Defence Force Representative Association within the defence structure; and if he will make a statement on the matter. [23351/10]

Defence Force Regulations S.7 and its enabling legislation, the Defence Amendment Act, 1990, provide for representative structures for members of the Defence Forces including the Army and Naval Reserves.

Under existing arrangements, RDFRA has open access to both the Department and the Military Authorities. A number of meetings take place each year between the Association and officials of the Department and separately between the Association and the Military Authorities.

The Reserve Defence Force (RDF) is a voluntary force and members are not dependent on it for their livelihood. It must be remembered that RDFRA is not akin to the representative associations for the Permanent Defence Force, in that, the Association is not concerned with the day to day earnings of their members who have other employment, members of the RDF are not covered by employment legislation, and the nature of their engagement is entirely voluntary.

That said, I remain sensitive to the concerns of RDFRA and, while I am fully satisfied with the processes currently in place, I will of course keep this situation under review to ensure that the good progress made to date continues into the future.

Question No. 66 answered with Question No. 57.

Joan Burton

Question:

67 Deputy Joan Burton asked the Minister for Defence the reason the Reserve Defence Forces declined from 24,569 members in 1960 to fewer than 7,000 members at present; and if he will make a statement on the matter. [23344/10]

I am advised by the Military Authorities that the strength of the Reserve Defence Force (RDF) as at 30 April 2010, the latest date for which figures are currently available, was 6,304.

The White Paper on Defence, 2000, provided for an Army reserve of 12,000 and a Naval reserve of 400. The RDF Review Implementation Plan, which was formally launched in July 2004, sets out the proposed establishment of the Reserve. The establishment of the non-integrated element of the Reserve was set at 9,692. This establishment came into force in October 2005, when the Reserve was re-organised. In addition, the plan provides for the development of an integrated element of the Army Reserve with a proposed establishment of 2,656 personnel. In line with the plan, a pilot integration project was initiated in 2007 and whilst numbers participating were less than expected, valuable lessons were learned.

In the context of the Government decision on the implementation of savings measures on public service numbers and the reduced budgetary provision available for 2009, all recruitment to the RDF was suspended. Following a subsequent review and examination of RDF personnel numbers and budgets for 2009, limited recruitment to fill vacancies arising due to existing Reserve members resigning, or being discharged in the normal manner resumed.

This limited recruitment is continuing subject to the overall strength level that existed at 1 January 2009 (7,671) not being exceeded. The limited recruitment will also be monitored and kept under review in the light of the uptake of paid training within the RDF and the future budgetary provision available to the Department.

I am aware that numbers in the Reserve have declined over recent years. This trend in reduced volunteerism is not confined to the Reserve but is indicative of broader societal trends. It should also be noted that a more rigorous approach is now taken to removing the names of non-effective personnel from unit rolls. This accounts for part of the fall in numbers 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 the future plans for the Reserve.

Defence Forces Strength

Joanna Tuffy

Question:

68 Deputy Joanna Tuffy asked the Minister for Defence further to the recent decision to approve 50 promotions at senior level within the Defence Forces, the number of such appointments that have been filled to date; when the outstanding posts will be filled; and if he will make a statement on the matter. [23370/10]

Resulting from the Government Decision regarding the reduction of public service numbers and the reduced budgetary provision available for 2009, recruitment, promotions and acting up appointments in the Permanent Defence Forces were suspended. However, in order to maintain the ongoing operational capability of the Defence Forces, a limited number of exceptions to the application of the measures to the Permanent Defence Force were sought in a submission to the Minister for Finance, in June 2009. The need for limited recruitment, promotions and acting appointments for the Defence Forces was outlined.

As was announced on 24 November 2009, the Minister for Finance approved an allocation of 50 promotions, for the Permanent Defence Force. These promotions were approved to address priority operational and command requirements of the Permanent Defence Force.

Military Management reviewed existing vacancies in all ranks across the organisation as a whole, so as to prioritise those to be filled from the approved promotions.

Following on from this review, a total of 13 Officer promotions and 30 Enlisted promotions have been completed to date. A further 4 enlisted promotions will be completed as soon as the administrative procedures relating to them have been completed. The residual 3 approved promotions will be used to fill priority posts arising in the next few months.

Defence Forces Operations

Róisín Shortall

Question:

69 Deputy Róisín Shortall asked the Minister for Defence the number of occasions on which the Army ordinance corps has been called out to deal with suspicious devices during 2009 and to date in 2010; the number of cases which were actual explosive devices; the number of occasions on which the devices were hoaxes; and if he will make a statement on the matter. [23369/10]

The primary responsibility for the maintenance of law and order rests with the Garda Síochána. The Defence Forces, pursuant to their role of rendering aid to the civil power, assist the Garda as required. Requests for aid to the civil power are normally made by a member of the Garda Síochána not below the rank of Inspector.

Requests made by the Garda Síochána for assistance in dealing with a suspect device or for the removal of old ordnance are responded to by the Explosive Ordnance Disposal (EOD) Team in the relevant Brigade.

The details requested are set out in the following tabular statement.

2009

2010 (to end May)

Actual explosive devices

61

20

Hoaxes

84

23

Routine

42

27

False alarms

5

5

Other

4

3

Total

196

78

Examples of routine call outs include occasions on which the EOD teams have dealt with the disposal of items such as, unexploded ordnance on army firing ranges, Time Expired Pyrotechnics (flares) and objects washed ashore.

Defence Forces Reserve

Kathleen Lynch

Question:

70 Deputy Kathleen Lynch asked the Minister for Defence if he will rotate all Reserve Defence Force cadre on a two to three or three to four year attachment; and if he will make a statement on the matter. [23353/10]

The White Paper on Defence (February 2000) sets out the need for change in the Reserve Defence Force and highlights the interface between the PDF and the RDF as being critical to the success of the reserve element of the State's defence capabilities and involving the Directorate of the Reserve Forces and the PDF Cadre.

Permanent Defence Force Cadre staff assigned to Reserve Defence Force (RDF) units provide command, training supervision, administrative and logistic support.

Posting or transferring of personnel into Cadre staff appointments occurs where vacancies exist and is normally done on a voluntary basis or by promotion following a promotion competition. In cases of postings or transfers to Army Reserve units, the General Officer Commanding the Brigade is the authorised officer for the movement. The Flag Officer Commanding the Naval Service is the authority for posting to Naval Service Reserve units. The Deputy Chief of Staff Support approves and authorises NCO promotions.

The report of the Defence Forces Review Implementation Board (known as the Swords Report) recommended that RDF training centres be located so as to allow use of PDF training facilities. The Board also recommended that Cadre staff should normally be rotated after a period of three years and the postings should be staggered so as to ensure continuity. The main reason for this recommendation was to ensure that instructors with the best modern training practices are available to the RDF.

Since the completion of the Swords Report a new training strategy and training regime have been put in place to ensure that instructors skilled in modern training methodologies are available to RDF units.

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 will inform the future plans for the organisation.

Irish Red Cross Society

Willie Penrose

Question:

71 Deputy Willie Penrose asked the Minister for Defence when the name of the new chairperson of the Irish Red Cross Society will be announced; and if he will make a statement on the matter. [23406/10]

Ruairí Quinn

Question:

76 Deputy Ruairí Quinn asked the Minister for Defence the action he will take regarding the recommendation of the internal working group in the Irish Red Cross Society; and if he will make a statement on the matter. [23361/10]

I propose to take Questions Nos. 71 and 76 together.

The Irish Red Cross Society is an autonomous body, established by the Irish Red Cross Society Order 1939 pursuant to the Red Cross Act, 1938 and is an independent, self-governing charitable institution. The formal report of the Working Group on Governance was received in January of this year. A preliminary discussion on the recommendations in the Report was held in February between the Society and the Department of Defence. On the 18th May I met with the Vice Chairman and the Secretary General of the Society and assured them of my support in helping them achieve the aims set out in the Report. To do so will require significant amendments to the Irish Red Cross Society Order 1939. The Society and Officials from the Department of Defence are due to meet shortly to agree the specific changes required to the 1939 Order. In tandem with this, formal views on the changes will be sought from other Government Departments.

The Chairman of the Society must be a member of the Central Council. In nominating persons to Central Council, the Government considers that it is highly desirable that the Society should have on its governing body, professional people with a wide variety of knowledge and expertise, gained through work experience in both the public and private sector and volunteer experience with the Society. The Government, in recommending to the President a person to act as Chairman, will carefully consider and nominate a person who it deems will make a positive contribution to the affairs of the Society. Such a role assumes even greater importance now given the imminent changes to the Society's organisation.

Defence Forces Personnel

Jack Wall

Question:

72 Deputy Jack Wall asked the Minister for Defence his proposals, if any, to substitute a payment equivalent to overnight accommodation payment to soldiers while on 24-hour duty from Coolmoney Camp, Kilbride Camp and Kilworth Camp instead of outpost allowance; and if he will make a statement on the matter. [23362/10]

There is an agreement with the Permanent Defence Force Other Ranks Representative Association (PDFORRA) under the Conciliation and Arbitration Scheme to pay an out-post allowance (€13.76 per day) to personnel permanently stationed in Kilworth, Kilbride and Coolmooney camps. In addition, where personnel are on 24 hour authorised security duty they receive security duty allowance at a rate of €52.88 for a duty of 24 hours (Monday to Saturday) and €105.79 for a duty of 24 hours (Sunday and Defence Force holidays). There are currently no proposals in the Department in relation to substituting the out-post allowance for a different type of allowance.

Defence Forces Reserve

Ciaran Lynch

Question:

73 Deputy Ciarán Lynch asked the Minister for Defence his proposals, if any, to lift the ban on promotions within the Reserve Defence Forces; and if he will make a statement on the matter. [23354/10]

In November 2009 sanction was given for the advancement of Privates from 2* to 3* for those members who have achieved the necessary qualifications, along with promotions from Private to Corporal for those currently qualified and the promotion of one Commandant to Lt. Colonel. These promotions were made on a phased basis to March of this year.

In difficult economic times there is a requirement to prioritise resources in order to maintain operational capacity. In this regard all aspects of the Department's business including the Reserve Defence Force must be evaluated, resources prioritised and budgetary expenditure apportioned accordingly. This will continue to be an ongoing feature of the management of resources and expenditure during 2010. It is in this regard that the number of promotions with the Reserve Defence Force must be managed on an ongoing basis. At a recent meeting with RDFRA on 28th April last I undertook to review the situation regarding the current ratio of Officers in the Reserve Defence Force to other ranks to determine whether there are any major issues. I have asked officials in the Department to engage with the appropriate military authorities in this regard.

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. The Plan has informed the development of the Reserve up to the end of 2009. 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.

Liz McManus

Question:

74 Deputy Liz McManus asked the Minister for Defence if he will negotiate with the reserve representative organisation regarding the difficulties associated with man days and employment Acts in respect of part-time workers; and if he will make a statement on the matter. [23357/10]

The prevailing economic environment and the associated resource constraints have impacted on the entire Defence Organisation. The financial situation is such that it is not possible to provide the level of resourcing that was available in recent years. Within the reduced resource enveloped, the Department and the Defence Forces are working closely to prioritise the operational requirements of the Defence Forces and I fully support this approach.

I have been informed by the military authorities that, within the current budget, the Reserve Defence Force (RDF) programme of training for 2010 will include Unit nightly parades, weekend training field days, annual summer camps and career courses for reservists. The provision in the current year for Reserve Defence Force Pay etc. is €4.7 million. This amount includes €2.478 million for paid training for reservists. It is anticipated that this level of funding will provide for approximately 31,000 paid training man days for reservists.

Training in the Reserve is comprised of both paid and unpaid training. In light of the reduced paid training day provision for 2010, it is anticipated that there will be an increased emphasis on voluntary unpaid training and 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 and that there be an allocation of training man days to be used to deliver enhanced training to selected members of the Reserve, through full time courses of instruction in addition to their annual training.

Regarding training man days the Reserve Representative Association has open access to both military and civilian officials in the Department to raise issues of concern. Members of the Reserve Defence Force are not considered to be part time workers in the employment of the Department of Defence as defined by the Protection of Employees (Part Time Work) Act 2001 therefore the Act has no application to members of the Reserve.

Commemorative Events

Róisín Shortall

Question:

75 Deputy Róisín Shortall asked the Minister for Defence if he will outline the progress made regarding the projects relating to the 2016 commemoration of the 1916 Rising; and if he will make a statement on the matter. [23368/10]

The All Party Oireachtas Consultation Group on the Centenary of the 1916 Rising met on Wednesday, 2nd December, 2009, for discussions and site visits to Glasnevin Cemetery and the National Museum of Ireland, Collins Barracks to view projects relating to the 2016 commemoration of the 1916 Rising. In the discussion, the Group were informed of recent developments and events including:—

Arbour Hill renewal works including restoration and extension of the existing church car park, repair and restoration of all existing cemetery graves, repair of cemetery pathways and the planting of new trees.

The future location for the Abbey Theatre and possible redevelopment at the GPO with reference also to the protection of 16 Moore Street.

Recent acquisition for the national collections of items of interest relating to the independence period, amongst which were the 964 items of the Stanley Collection at a cost of €3.5 million. Other items purchased/donated include a letter from P.H. Pearse to General Maxwell and General Maxwell's brief reply and a copy of the Proclamation.

Assistance towards themed publication i.e. the Royal Irish Academy's recent publication on Seán Lemass, and the SIPTU sponsored publication on James Connolly.

The Military Archives Project which envisages that files, being the service records of personnel involved in the struggle for independence, would be released into the public domain on a phased basis in the years leading to the Centenary of the Rising. The Group were informed that an Advisory Board of historians had accepted invitations to assist with this project.

At Glasnevin Cemetery, the Group inspected progress on the significant programme of ongoing restoration works under way for which €6.4m of NDP funding has been provided to date. I am pleased to report that the new Glasnevin museum was officially opened by An Taoiseach, Mr Brian Cowen, T.D., on 8 April, this year. The Group also visited the ongoing restoration work being conducted on Erskine Childers' yacht Asgard. This project is scheduled to be completed by the end of June 2010. The suggested relocation to the GPO complex of the Abbey Theatre is currently being examined by the Office of Public Works. The decision on future use will have regard to all advice and suggestions received.

This year's commemorative event to mark the Easter Rising of 1916 was held at the GPO, Dublin on Sunday, 4th April, 2010. The ceremony included prayers of remembrance, a reading of the Proclamation and the laying of a wreath by the President. Preparations are ongoing for the National Day of Commemoration to be held in Kilmainham in July.

A programme of events is being compiled to commemorate a whole series of centenaries across the island in the next 10 to 12 years, as we recall the key events in our history. I am confident that all significant anniversaries occurring within the period of the multi-annual programme now being prepared will be commemorated. The details of the commemorative programme will be discussed with Group members in due course. I am currently engaged in the preparation for a meeting of the All Party Oireachtas Consultation Group, which I hope to convene soon.

Question No. 76 answered with Question No. 71.
Question No. 77 answered with Question No. 45.

Defence Forces Reserve

Ciaran Lynch

Question:

78 Deputy Ciarán Lynch asked the Minister for Defence if he will ensure representation for reservists on decision making boards affecting the Reserve Defence Forces; and if he will make a statement on the matter. [23355/10]

In line with the Government's 2009 — 2011 programme of Value for Money and Policy reviews, the Department of Defence is committed to undertaking a Value for Money Review of the Reserve Defence Force. Value for Money Reviews are conducted in line with guidelines issued by the Department of Finance. Generic terms of reference for such reviews are outlined in these guidelines.

Reviews within the Department of Defence are overseen by a Steering Committee. The Steering Committee comprises of senior managers from the Department of Defence and the Defence Forces and includes representation from the Department of Finance. An external chair has been appointed, drawn from a panel established for this purpose by the Department of Finance in accordance with revised guidelines for the conduct of Value for Money Reviews. Representative Associations have not been formally involved on Steering Committees in any of the Value for Money Reviews undertaken in Defence.

The Steering Committee has met on three occasions and the review is progressing. I understand that the Committee will establish an appropriate consultative mechanism for all key stakeholders including the RDF Representative Association.

Question No. 79 answered with Question No. 62.

Defence Forces Recruitment

Jan O'Sullivan

Question:

80 Deputy Jan O’Sullivan asked the Minister for Defence if he will consider taking new recruits after leaving certificate and train them for six to eight weeks during the summer period; and if he will make a statement on the matter. [23358/10]

As you are aware the Government introduced a moratorium on recruitment to the Public Service with effect from 27th March 2009. Within the available resources, the Government is however committed to maintaining the strength of the Defence Forces at a level of 10,000 all ranks, for which Government approval has been secured in the context of Budget 2010.

Targeted recruitment will be carried out in 2010 to maintain the operational capability of the Defence Forces. In this regard, I have recently approved the recruitment of 40 Recruits for the Naval Service. In addition, as I have already stated, the military authorities will shortly advertise for some limited recruitment to the Army.

In relation to the training of recruits for a six to eight week period following the Leaving Certificate, there is no scope for such a scheme as the minimum term of engagement for enlistment of recruits is 5 years. In addition recruit training is carried out over a 16 week period. Information in relation to recruitment may be found on the Defence Forces website, www.military.ie should candidates wish to apply for general service posts.

Question No. 81 answered with Question No. 35.
Question No. 82 answered with Question No. 57.

Programmes for Government

Brian O'Shea

Question:

83 Deputy Brian O’Shea asked the Minister for Defence the position regarding the new White Paper on Defence to cover the period 2010 to 2020; and if he will make a statement on the matter. [23396/10]

The Renewed Programme for Government sets out the commitment for the preparation of a new White Paper on Defence, for the period 2011 to 2020. Preliminary work has commenced and I intend bringing a memorandum to Government in the near future. This will outline the proposed approach in advance of formally launching the process.

Redundancy Payments

Olwyn Enright

Question:

84 Deputy Olwyn Enright asked the Minister for Enterprise, Trade and Innovation if his attention has been drawn to the fact that a person (details supplied) in County Offaly has not yet received their statutory redundancy payment; when this payment will issue; and if he will make a statement on the matter. [23547/10]

My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social Protection. 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 a lump sum claim for the individual concerned on 25 March, 2010. This claim awaits processing. In respect of redundancy lump sum payments paid directly to employees, such as in this instance, the Section is, in general, processing claims dating from September/October 2009.

The impact on business of the severe economic circumstances currently pertaining has resulted in an unprecedented increase in the level of Redundancy Payment claims lodged with my Department. This has impacted significantly on the capacity to maintain the customer service targets that previously obtained. On the Redundancy side the scale of the challenge is evident from the statistics that show incoming redundancy claims in 2009 amounted to 77,001 which represents a threefold increase over the level of claims lodged in 2007 and earlier years. In 2007, claims received were of the order of 25,000.

Efforts continue to be made by my Department to deliver more acceptable turnaround processing times for Redundancy payments given the difficulties that this gives rise to for both individual employees and the business community. Measures already taken in the Department in 2009 to alleviate the pressures on the Payments area include:

almost doubling the number of staff through reassignment to a current level of 52 full time equivalents;

prioritisation of the Department's overtime budget towards staff in the Section to tackle the backlog outside normal hours;

establishment of a special call handling facility in NERA to deal with the huge volume of telephone calls from people and businesses concerned about their payments.

Better quality information relating to current processing times on the Department's website;

Engagement with the Revenue Commissioners to facilitate the offset of redundancy rebate payments by employers against existing outstanding tax liabilities which those employers owe to the Revenue Commissioners.

The backlog and waiting times remain at unacceptable levels. However, improvements are evident. I should point out that my Department has, in 2009, processed 50,664 claims, up 70% on 2008. During the period 1 January 2010 to 30 April, 2010, 23,593 claims were received and 27,592 were processed. In the year to date, inroads have been made on the backlog of claims on hand, which reduced from 41,168 at the end of January to 36,333 at the end of April 2010.

Responsibility for the payment functions arising under the Redundancy and Insolvency payment schemes is due to be transferred to the Department of Social Protection with effect from 1 January 2011. In transferring the functions between Departments, it is the intention that this will operate seamlessly and without any adverse impact on the service levels being experienced by individuals or the business community awaiting payment of redundancy claims.

Ministerial Responsibilities

David Stanton

Question:

85 Deputy David Stanton asked the Minister for Enterprise, Trade and Innovation the number of delegation of ministerial functions orders in his Department; when these orders came into effect; the functions delegated under each order; and if he will make a statement on the matter. [23770/10]

As a result of the Government changes announced by An Taoiseach in March and my assuming the position of Minister for Enterprise, Trade and Innovation, the Delegation of Functions Orders in respect of three of the Ministers of State assigned to my Department lapsed. Upon taking up my new responsibilities, my first organisational priority was to oversee the transfer of various functions in the skills training and employment programmes & services areas from my Department to the Departments of Education and Skills and of Social Protection respectively, as well as the transfer in of functions in relation to the Programme of Research in Third Level Institutions (PRTLI) from the Department of Education and Skills. The necessary Government Orders to effect these transfers of responsibilities were made in recent weeks.

In addition, my Department has also been progressing the transfer of responsibility for the Redundancy and Insolvency Payments Schemes to the Department of Social Protection, and the necessary Government Order in these respects has also now been made. Further, the necessary Government Order to give effect to the renaming of my ministerial title and that of my Department to "Enterprise, Trade and Innovation" came into effect on 2nd May.

The final set of Orders required to be made relates to the delegation of legislative functions to my three Ministers of State and the necessary drafting work in that regard is currently ongoing within my Department. Our aim is to have those Orders drafted and presented to Government in June for approval. A notice will be published in Iris Oifigiúil, once the Orders have been signed. The three Orders will cover the functions of the Minister of State for Trade and Commerce, Billy Kelleher, T.D., the Minister of State for Science, Technology and Innovation, Conor Lenihan, T.D., and the Minister of State for Labour Affairs, Dara Calleary, T.D.

Redundancy Payments

Catherine Byrne

Question:

86 Deputy Catherine Byrne asked the Minister for Enterprise, Trade and Innovation if a person (details supplied) in County Dublin is entitled to statutory redundancy; when this payment will be awarded; and if he will make a statement on the matter. [23834/10]

My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social Protection. 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 a lump sum claim for the individual concerned on 11 May, 2010. This claim awaits processing. In respect of redundancy lump sum payments paid directly to employees, such as in this instance, the Section is, in general, processing claims dating from September/October 2009.

The impact on business of the severe economic circumstances currently pertaining has resulted in an unprecedented increase in the level of Redundancy Payment claims lodged with my Department. This has impacted significantly on the capacity to maintain the customer service targets that previously obtained. On the Redundancy side the scale of the challenge is evident from the statistics that show incoming redundancy claims in 2009 amounted to 77,001 which represents a threefold increase over the level of claims lodged in 2007 and earlier years. In 2007, claims received were of the order of 25,000.

Efforts continue to be made by my Department to deliver more acceptable turnaround processing times for Redundancy payments given the difficulties that this gives rise to for both individual employees and the business community. Measures already taken in the Department in 2009 to alleviate the pressures on the Payments area include:

almost doubling the number of staff through reassignment to a current level of 52 full time equivalents;

prioritisation of the Department's overtime budget towards staff in the Section to tackle the backlog outside normal hours;

establishment of a special call handling facility in NERA to deal with the huge volume of telephone calls from people and businesses concerned about their payments.

Better quality information relating to current processing times on the Department's website;

Engagement with the Revenue Commissioners to facilitate the offset of redundancy rebate payments by employers against existing outstanding tax liabilities which those employers owe to the Revenue Commissioners.

The backlog and waiting times remain at unacceptable levels. However, improvements are evident. I should point out that my Department has, in 2009, processed 50,664 claims, up 70% on 2008. During the period 1 January 2010 to 30 April, 2010, 23,593 claims were received and 27,592 were processed. In the year to date, inroads have been made on the backlog of claims on hand, which reduced from 41,168 at the end of January to 36,333 at the end of April 2010.

Responsibility for the payment functions arising under the Redundancy and Insolvency payment schemes is due to be transferred to the Department of Social Protection with effect from 1 January 2011. In transferring the functions between Departments, it is the intention that this will operate seamlessly and without any adverse impact on the service levels being experienced by individuals or the business community awaiting payment of redundancy claims.

Money Laundering

Caoimhghín Ó Caoláin

Question:

87 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the amount of money lost to the Exchequer each year due to money laundering; and if he will make a statement on the matter. [23689/10]

The definition of money laundering in the Criminal Justice Acts is very wide. It includes possessing or using the proceeds of any crime, including tax evasion, as well as any attempt to conceal, disguise, transfer or convert those proceeds. Given this wide definition, the Deputy will appreciate that it is difficult to arrive at any meaningful estimate of the exchequer loss due to money laundering.

The Deputy may be aware that the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 has recently been signed into law. Its provisions will be commenced shortly by the Minister for Justice and Law Reform. Existing anti-money laundering provisions, which are largely contained in the Criminal Justice Act 1994, impose obligations on financial institutions and on lawyers, accountants, auctioneers and certain other categories to identify their clients and report suspicious transactions to the Garda Síochána and to the Revenue Commissioners.

The new Act strengthens the existing anti-money laundering legislation by, among other requirements, widening the offence of money laundering, establishing a system of compliance monitoring by competent authorities, requiring designated persons to identify the beneficial ownership of unlisted companies and trusts and introducing the concept of a risked based approach which will enable designated persons to concentrate resources on higher risk areas. The new legislation will also strengthen the powers of the Financial Regulator by allowing him to impose administrative sanctions for breaches of its provisions. The Financial Regulator is also devoting substantial additional resources to the inspection of credit and financial institutions to ensure compliance with their anti-money laundering obligations.

Further anti-money laundering provisions are contained in certain EU Regulations which have direct effect in all member States. The relevant EU Regulations require full identification of persons transmitting funds by wire transfer (EC Regulation 1781/2006) and require declaration of large cross-border cash movements (EC Regulation 1889/2005).

EU Directives

Caoimhghín Ó Caoláin

Question:

88 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance his plans regarding the discretion provided in the consumer credit directive, due to come into effect on 11 June 2010; if he will exercise this right and apply a differentiated regime to credit unions as against the banks and other financial services providers; and if he will make a statement on the matter. [23696/10]

The Consumer Credit Directive establishes a harmonised legal framework in the European Union for the provision of consumer credit ranging from €200 up to €75,000. (It does not apply to mortgages). It replaces a 1987 Directive (87/102/EEC), which laid down minimum rules for consumer credit arrangements within the EU. In consultation with the Office of the Attorney General, my Department is currently preparing the draft Statutory Instrument, which will transpose the Directive into Irish Law. It is intended that the legislation will be finalised by 11th June, 2010. The Directive will take effect from that day.

I believe that the Directive enhances the strong regulatory regime underpinning consumer protection, and as such, I have decided that credit unions should be subject to its full application. However, following consultation with representatives of the Credit Union movement, I am aware that the credit unions will require some time to upgrade their systems and train staff, so that they can effect compliance with all the requirements of the Directive. Consequently, I have adopted the discretion allowed for under Article 2.5 applying limited provisions of the Directive to them until 11th December 2011, after which date, the full Directive will take effect.

Tax Code

Sean Fleming

Question:

89 Deputy Seán Fleming asked the Minister for Finance the final date for which construction and other capital expenditure must have been incurred for inclusion in urban renewal, town renewal, seaside renewal, rural renewal, multi-storey car parks, living over the shop, homes, housing for the elderly or infirm, hostels, guest houses, convalescent homes, qualifying private hospitals, qualifying sports injury clinics, buildings used for child care purposes, psychiatric hospitals, mental health centres, student accommodation, holiday camps, general rental refurbishment, third level educational buildings, Temple Bar scheme, resort area scheme, designated islands, Dublin docklands, double rent relief, industrial buildings, commercial premises, rented residential accommodation and owner-occupied residential accommodation schemes; the maximum free depreciation or initial allowance and annual allowances claimable; the final year in the future in which any such allowance may be claimed; the estimated amounts claimed; the cost to the Exchequer of tax foregone in 2007, 2008 and 2009 and an estimate for 2010 and the succeeding years until all allowances claimable under the schemes have been exhausted; the way the cost of these allowances and reliefs are incorporated into projected taxation receipts for each of the years concerned; if any of these schemes have not been closed to new entrants; if a closing date has been specified to date; and if he will make a statement on the matter. [23749/10]

The Revenue Commissioners have provided me with the information requested by the Deputy. The information is presented in tabular format. Because there are significant differences in the operation of tax relief between the commercial and residential schemes separate tables have been used in relation to the ‘non-cost' elements of the schemes.

Table 1 contains the commercial schemes,

Table 2 contains the residential schemes, and

Table 3 contains composite figures for both commercial and residential relief in relation to the cost of the schemes to the Exchequer.

The Commissioners have also made some general points that should be noted when interpreting the tables. The termination dates are the dates by which the construction or refurbishment work on a building has to be carried out if the expenditure that is attributable to that work is to qualify for tax relief. Where a building is not completed by the termination date the expenditure attributable to any construction or refurbishment work that takes place after this date cannot qualify for tax relief. There are no set dates by which a person has to acquire a tax incentive property in order for tax relief to start to be claimed. Tax relief can only start to be claimed after a building has been completed and the building leased or owner-occupied for the purposes required by the particular scheme. Once a building has been leased or owner-occupied and is in use for the required purpose, tax relief can be claimed over varying periods. In addition, the rate at which the available tax relief can be used up depends on the particular taxpayer having sufficient taxable income in any year to absorb the relief. Any unused relief (with the exception of that for residential owner-occupier relief) can be carried forward indefinitely until it has been absorbed. Thus, it is not possible to provide an indication of the final year in which tax relief under these schemes will be claimed as the start year for relief can vary from building to building and the relief period applicable likewise can vary within some of the schemes and between different taxpayers.

At this stage the only scheme that is still open to new entrants is the Mid-Shannon Corridor Tourism Infrastructure Scheme. New entrants have until 31 May 2012 to submit project applications for approval in principle. Expenditure on approved projects under this scheme that is incurred before 31 May 2015 can qualify for capital allowances. The scheme for Specialist Palliative Care Units has not yet been commenced. When the Commencement Order is made, the commencement date will be made retrospective to 13 March 2008.

The Deputy asked about the way in which the cost of allowances and reliefs are incorporated into projected taxation receipts for each of the years concerned. While the exchequer cost attributable to a specific tax allowance or relief is generally set out (in the Summary of Budget Measures) in the year of its introduction, the ongoing cost of each specific allowance or relief is not thereafter disaggregated for forecasting purposes; projections for income tax receipts are based on assumed movements in macro-economic parameters and not by reference to the costs of individual tax reliefs.

TABLE 1: COMMERCIAL SCHEMES

Schemes

Start Date

Termination Date (Note 1)

Writing DownPeriod (years)

Double Rent Deduction (Yes/No)

Annual Allowance

Free Depreciation (max limit) (Note 2)

Initial Allowance (first year only)

Urban Renewal 1994

1/8/1994

31/12/1998

14

Y

4%/2% (Note 3)

50%

25%

Customs House Dock

5/1/1988

30/06/2000

13

Y

4%

100%

50%

Temple Bar Area

6/4/1991

5/4/1999

14

Y

4%/2% (Note 4).

100%/50% (Note 5)

50%/25% (Note 6)

Seaside Resorts

1/7/1995

31/12/1999

11

Y

5%

75%

50%

Enterprise Areas

1/8/1994

31/12/2000

20 (Note 7)

Y (Note 8)

4%

50%

25%/50% (Note 9)

Urban Renewal 1999

1/8/1998

31/07/2008

14

N

4%

50%

50%

Multi-storey Car Parks (Note 10)

1/7/1995

31/07/2008

14

Y (Note 11)

4%

100%

50%

Town Renewal

6/4/2001

31/07/2008

14

N

4%

50%

50%

Rural Renewal

1/7/1999

31/07/2008

14

N

4%

50%

50%

Living over the Shop

6/4/2001

31/07/2008

14

N

4%

50%

50%

Park and Ride

1/7/1999

31/07/2008

14

N

4%

100%

50%

Third Level Buildings

1/7/1997

31/07/2008

7

N

15% p.a. in first 6 years, 10% in year 7

N/A

N/A

Qualifying Sports Injury Clinics

15/5/2002

31/07/2008

7

N

15% p.a. in first 6 years, 10% in year 7

N/A

N/A

Hotels (Note 12)

27/1/1994

N/A

7 (now 25)

N

15% p.a. in first 6 years, 10% in year 7

N/A

N/A

TABLE 1: COMMERCIAL SCHEMES — continued

Schemes

Start Date

Termination Date (Note 1)

Writing DownPeriod (years)

Double Rent Deduction (Yes/No)

Annual Allowance

Free Depreciation (max limit) (Note 2)

Initial Allowance (first year only)

Childcare Facilities

2/12/1998

31/03/2012

7

N

15% p.a. in first 6 years, 10% in year 7

100% (Note 13)

100% (Note 14)

Holiday Cottages

1/7/1968

31/07/2008

10

N

15% p.a. in first 6 years, 10% in year 7

N/A

N/A

Nursing Homes

3/12/1997

30/06/2011

N

7

15% p.a. in first 6 years, 10% in year 7

N/A

N/A

Housing for elderly/infirm

25/3/2002

30/04/2010

7

N

15% p.a. in first 6 years, 10% in year 7

N/A

N/A

Convalescent Homes

2/12/1998

30/06/2011

7

N

15% p.a. in first 6 years, 10% in year 7

N/A

N/A

Qualifying Hospitals

15/5/2002

31/12/2013

7

N

15% p.a. in first 6 years, 10% in year 7

N/A

N/A

Qualifying Mental Health Centres

23/1/2007

30/06/2011

7

N

15% p.a. in first 6 years, 10% in year 7

N/A

N/A

Specialist Palliative Care Units

Scheme still awaiting Commencement Order (note 15)

N/A

7

N

15% p.a. in first 6 years, 10% in year 7

N/A

N/A

TABLE 1: COMMERCIAL SCHEMES —continued

Schemes

Start Date

Termination Date (Note 1)

Writing DownPeriod (years)

Double Rent Deduction (Yes/No)

Annual Allowance

Free Depreciation (max limit) (Note 2)

Initial Allowance (first year only)

Mid-Shannon Corridor Tourism Infrastructure Scheme

1/6/2008

31/05/2015

7

N

15% p.a. in first 6 years, 10% in year 7

N/A

N/A

Registered Guest Houses & Holiday Hostels

3/2/2005

N/A

25

N

4%

N/A

N/A

Registered Holiday Camps

27/1/1994

N/A (Note 16)

7 (now 25)

N

15% p.a. in first 6 years, 10% in year 7

N/A

N/A

Registered Caravan & Camping Sites

1/1/2008

N/A

25

N

4%

N/A

N/A

Notes to Table 1

(1) The termination date is the date by which qualifying construction/refurbishment expenditure must be incurred, not the date by which a building must be completed/sold or relief claimed.

(2) Free depreciation (i.e. the ability to claim more than the basic annual rate of allowances for a single year or over a period of years) is available to owner/occupiers but not to lessors.

(3) Under the 1994 Urban Renewal Scheme a maximum of 50% of qualifying expenditure incurred on commercial projects could be written off. The annual allowance for such projects was 2% per annum.

(4) Under the Temple Bar Area scheme the emphasis was on refurbishment rather than construction. Refurbishment projects in general qualified for 100% write off of the capital expenditure incurred at the higher 4% rate of annual allowance. For most types of construction projects, only 50% of the qualifying expenditure could be written off at the lower 2% rate.

(5) As per note 4, there were different rates for construction and refurbishment projects and for different types of projects.

(6) As per note 4, there were different rates for construction and refurbishment projects and for different types of projects.

(7) Under the Enterprise Area scheme lessors could claim capital allowances on 100% of qualifying expenditure at a rate of 25% initial allowance and 4% annual allowance.

(8) Double Rent Deduction was not available for buildings in Enterprise Areas located at an airport.

(9) The Initial Allowance was increased to 50% in the case of expenditure incurred from 1 January 1998 on a qualifying building located in an Airport Enterprise Area.

(10) For Multi Storey Car Parks the annual allowance of 4%, free depreciation of 100% and initial allowance of 50% applied to expenditure incurred after 31/7/1998 where no lease had been granted for the purposes of double rent relief. For expenditure incurred prior to this date the capital allowances available were restricted to a maximum 50% write-off of the capital expenditure incurred. Under these circumstances an annual allowance of 2%, free depreciation of 50% and an initial allowance of 25% applied.

(11) For Multi Storey Car Parks the latest date for entering into a qualifying lease for the purposes of double rent deduction was 30/09/1999.

(12) Capital allowances for expenditure incurred on hotel projects are of long standing and different rates have applied over time. From 1956 to 27/1/1994 the annual allowance was 10%. From 28/1/1994 to 31/7/2008 the rate was 15% for the first 6 years and 10% in year 7. From 1/8/2008, subject to transitional arrangements, the annual allowance is 4%, giving a current write-off period of 25 years.

(13) The accelerated allowances for Childcare Buildings are available in respect of expenditure incurred from 1 December 1999.

(14) See Note 13.

(15) This scheme has not yet been commenced. When the Commencement Order is made, the commencement date will be made retrospective to 13/3/2008.

(16) Expenditure incurred on registered holiday camps after 31/7/2008 is written off at a rate of 4% per annum. For expenditure incurred prior to 27/1/1994 an annual allowance of 10% applied.

TABLE 2: RESIDENTIAL SCHEMES

SCHEMES (note 1)

START DATE

TERMINATION DATE

Urban Renewal 1994

1/8/1994

30/4/1999

Customs House Dock

25/1/1988

31/12/1999

Temple Bar Area

30/1/1991

31/12/1999

Urban Renewal 1999

1/8/1998

31/07/2008

Town Renewal

1/4/2000

31/07/2008

Rural Renewal

1/6/1998 (note 2)

31/07/2008

Living Over the Shop

6/4/2001

31/07/2008

Park & Ride

1/7/1999

31/07/2008

Student Accommodation (note 3)

1/4/1999

31/07/2008

Designated Islands

1/8/1996

31/12/1999

Countrywide Refurbishment Scheme (note 4)

6/4/2001

31/07/2008

Notes to Table 2

(1) There are two types of residential tax relief, ‘section 23' type relief and owner-occupier relief. ‘Section 23' type relief (rented residential relief) is given, in its entirety, as a deduction from rental income in the year the property is first let under a qualifying lease. If there is insufficient income to absorb the relief it is carried forward as a rental loss until used up. Therefore, there is no standard writing off period — it could vary from 1 year to indefinitely as it depends on the ability of the investor to absorb the relief. In contrast, owner-occupier relief is granted at a fixed annual rate over 10 years, i.e. at 5% of the qualifying expenditure in respect of expenditure on construction or at 10% in respect of expenditure on refurbishment.

(2) 1/6/1998 for ‘section 23' type relief and 6/4/1999 for owner/occupier relief.

(3) ‘Section 23' type relief only.

(4) Relief is available under the Countrywide Refurbishment Scheme in respect of rented residential property that is located anywhere in the country. Unlike ‘section 23' type relief for designated areas, the qualifying expenditure is written off at a rate of 15% per annum in the first 6 years and 10% in year 7.

TABLE 3: COST OF SCHEMES (note 1)

2007 (note 2)

2008 (notes 2 & 3)

SCHEMES

Amount Claimed

Tax Forgone

Amount Claimed

Tax Forgone

€m

€m

€m

€m

Urban Renewal

280.0

109.3

224.6

84.5

Town Renewal

86.1

34.6

60.5

23.7

Seaside Resorts

20.3

8.0

14.5

5.7

Rural Renewal

121.9

48.5

84.6

34.2

Multi-storey car parks

24.0

9.6

16.8

6.6

Living over the Shop

8.0

3.0

6.1

2.5

Enterprise Areas

7.0

2.8

6.2

2.5

Park & Ride

3.3

1.4

1.7

0.7

Holiday Cottages

30.7

12.4

26.8

10.8

Hotels

307.1

118.0

300.6

114.7

Nursing Homes

45.3

18.3

47.6

19.4

Housing for the Elderly/Infirm

6.3

2.6

7.4

3.0

Hostels

1.76

0.72

1.62

0.66

Guest Houses

0.06

0.02

0.26

0.11

Convalescent Homes

1.2

0.5

1.3

0.5

Qualifying (Private) Hospitals

29.3

12.0

28.9

11.8

Qualifying Sports Injury Clinics

4.3

1.8

3.7

1.5

Buildings used for childcare purposes

24.2

9.8

29.9

12.0

Mental Health Centres

0.3

0.1

0.2

0.0

Student Accommodation

108.7

42.0

58.0

22.7

Registered Caravan Parks

N/A

N/A

1.5

0.6

Notes to Table 3

(1) The information available on the cost to the Exchequer is based on personal income tax returns filed by non-PAYE taxpayers (Form 11) and corporation tax returns filed by companies for the years 2007 and 2008, the latest year for which this information is available. Data for 2009 cannot be provided as the tax returns for this year are yet due. 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).

(2) The estimated relief claimed has assumed tax forgone at the 41% rate for 2007 and 2008 in the case of individuals and 12.5% in the case of companies for both years. The figures shown correspond to the maximum Exchequer cost in terms of income tax and corporation tax.

(3) The figures for 2008 are subject to adjustment in the event of late returns being filed or where returns already filed are subsequently amended.

State Property

Sean Fleming

Question:

90 Deputy Seán Fleming asked the Minister for Finance the moneys expended and to whom they were awarded in respect of a property (details supplied) in County Laois; the money received during the same period in respect of same; and if he will make a statement on the matter. [23750/10]

The Commissioners of Public Works are proceeding with the collection of the expenditure / receipts details on the property concerned for the relevant period. The information will be forwarded to the Deputy as soon as it is available.

Financial Services Regulation

Jack Wall

Question:

91 Deputy Jack Wall asked the Minister for Finance his views on correspondence (details supplied); the action he will take to address the concern expressed; and if he will make a statement on the matter. [23755/10]

The correspondence provided by the Deputy in the main reproduces the material supplied by the Irish League of Credit Unions (ILCU) to its member credit unions as part of its current campaign in relation to amendments to Section 35 of the Credit Union Act 1997 contained in the Central Bank Reform Bill 2010 and to the transposition by Ireland of the Consumer Credit Directive. I understand that the intention of the campaign is that all members of the House are to be lobbied on these issues. The ILCU campaign material makes a number of points which I will address in the following paragraphs.

I believe the current proposals as provided for in the Section 35 amendments in the Bill will benefit both individual members and the credit union sector overall. The credit union sector is not immune to the economic downturn. It needs to be safeguarded to ensure that it can continue to provide assistance to its members in the current difficult economic climate while at the same time lending only within its capacity to do so. The Government's intention is to facilitate relaxation of the lending limits in conjunction with appropriate regulation of the sector to achieve this objective.

The proposals contained in the section 35 amendments meet my intentions in this area. In my address to the ILCU Conference in April 2009, I expressed my wish to help members who are experiencing difficulty in meeting loan repayments due to unfavourable changes in their financial circumstances in the current economic environment. I stated that any solution would be subject to the over-arching consideration that the financial position of a credit union is not undermined, the security of members' savings is maintained and accurate reporting of the financial status of a credit union is not jeopardised. Re-scheduling of repayments to a level which is affordable to members should be possible in carefully monitored and controlled circumstances. Of course, each credit union must fully and properly recognise arrears situations where they exist. Where members are in difficulty the process of facilitating them must be transparent to board members and regulators so that a credit union is never in doubt as to its own position. This continues to be my view and I believe that the proposed amendment to Section 35 will achieve the desired result.

The credit union sector has been seeking relaxation of the Section 35 lending limits in an effort to facilitate borrowers who have run into difficulties in repaying their loans and need to have them rescheduled to allow for repayment over a longer period of time. The lending limits are set in primary legislation. Together with the measures to balance the increased flexibility in relation to rescheduling, they must apply to all credit unions in a uniform way. Having said this, the scope for any additional flexibility is being examined by my Department in conjunction with the Registrar of Credit Unions and I have agreed to meet the credit union bodies again in this regard over the next week or so.

Also, as I indicated to the House during the second stage debate on the Bill, the Registrar of Credit Unions will take a balanced and proportionate approach to the implementation of the new Section 35 requirements and he has set out for the credit union representative groups transitional arrangements and clarifications on the implementation approach. The Registrar has already indicated that these include transitional arrangements for a 15% provisioning requirement up to 30 September 2011, trial periods, exceptions with regard to top-up loans and relaxation of the 100% provisioning requirement in respect of rescheduled loans which have missed two or more payments. The transitional arrangements will help to ease the position for credit unions in the current financial year and the next financial year ending in September 2011. They will also allow time for credit unions to adjust to the new regime. Overall, the Registrar will take account of individual circumstances in credit unions in exercising the powers being given to him in the Bill. I want to assure the Deputy that there is no question of a “one size fits all” approach as is being suggested by the League.

The powers which are proposed to be given to the Registrar of Credit Unions are needed as soon as possible. It is not correct to say that the Registrar has the necessary powers under existing legislation. He does not have the power to impose conditions across the sector and it would not be prudent to await the outcome of the strategic review. While the review itself is planned to be completed by March 2011, any primary legislation arising would require some considerable further time to implement. As I have indicated already, the credit union sector needs to be safeguarded further now to ensure that it can continue to provide assistance to its members in the current difficult economic climate while at the same time lending only within its capacity to do so.

As indicated by the Registrar during his appearance last week before the Joint Committee on Economic Regulatory Affairs, a Regulatory Impact Assessment within the meaning of the term as set out in the Better Regulation Guidelines prepared by the Department of the Taoiseach was not carried out. However, as he also indicated, an internal analysis was carried out. This examined the level of provisions which are held against rescheduled loans. The Registrar indicated that he will make this analysis available to the Joint Committee. I will ask the Registrar to furnish the Deputy with a copy of any material which he provides to the Joint Committee in this regard.

Contrary to suggestions now being made, there was extensive and detailed consultation on the measures now being brought forward. Following general discussions in early 2009, the detailed views of credit union representative groups on the Section 35 issue were sought and obtained in the summer of 2009. The provisions to be included in the requirements to be made by the Registrar have already undergone considerable adjustment following discussions between the Registrar of Credit Unions and both credit union representative bodies.

Concerns have been raised in relation to the need for the Registrar of Credit Unions to consult with the representative bodies before introducing requirements. As a matter of general practice, the Registrar consults with the credit union representative bodies before introducing regulations or requirements in relation to any aspect of credit union regulation and I understand that he intends to continue with this approach. However, the independent position of the Registrar of Credit Unions in carrying out the duty of financial regulation is not open to question and the Registrar has the statutory powers and responsibility to introduce, if necessary without consultation, regulatory requirements in the interests of the well-being and stability of the sector. For this good reason, a requirement for the Registrar to consult with the sector is not included in the legislation. Neither is it appropriate to provide for an appeals mechanism. Such a device would render the provisions ineffective and inoperable as decisions of the Registrar would become subject to constant review.

There is a balance to be struck between meeting members' needs to reschedule loans and ensuring the stability of the credit union sector overall. We are not seeking to have a credit union sector which is over-regulated. However, we must act now in a prudent and preventative manner. It is in the interests of every credit union in the country that the stability of the sector is safeguarded. The proposals being brought forward in connection with the Bill will achieve this fundamental aim.

The Consumer Credit Directive establishes a harmonised legal framework in the European Union for the provision of consumer credit ranging from €200 up to €75,000. (It does not apply to mortgages). It replaces a 1987 Directive (87/102/EEC), which laid down minimum rules for consumer credit arrangements within the EU. In consultation with the Office of the Attorney General, my Department is currently preparing the draft Statutory Instrument, which will transpose the Directive into Irish Law. It is intended that the legislation will be finalised by 11 June 2010. The Directive will take effect from that day. I believe that the Directive enhances the strong regulatory regime underpinning consumer protection, and as such, I have decided that credit unions should be subject to its full application.

However, following consultation with representatives of the Credit Union movement, I am aware that the credit unions will require some time to upgrade their systems and train staff, so that they can effect compliance with all the requirements of the Directive. Consequently, I have adopted the discretion allowed for under Article 2.5 applying limited provisions of the Directive to them until 11 December 2011, after which date, the full Directive will take effect. Notification of my decision to adopt this discretion was published on my Department's website on 21 May 2010 and both credit union representative bodies were informed of my decision by e-mail on that date.

Tax Code

Mary Upton

Question:

92 Deputy Mary Upton asked the Minister for Finance the reason actors are not considered self employed for tax purposes; and if he will make a statement on the matter. [23778/10]

I am informed by the Revenue Commissioners that the question of whether an individual — including an actor — is engaged under either a contract of service (i.e. an employee) or a contract for service (i.e. self-employed) is a question of fact and of general law. Regardless of how the parties to an engagement may describe the relationship, all the relevant factors, including written, oral and implied details, that bear on the relationship between the parties must be examined, given their proper weight and a decision made on their overall effect.

Depending on the facts and circumstances of a case, an individual may be an employee or self employed. To provide some clarity as to whether an individual is employed or self-employed, the Employment Status Group (set up under the then Programme for Prosperity and Fairness) published a Code of Practice for determining Employment or Self-employment status of Individuals. This Code of Practice, which was updated in 2007, is available on Revenue’s website.

Local Government Valuations

Finian McGrath

Question:

93 Deputy Finian McGrath asked the Minister for Finance if he will support a matter (details supplied). [23780/10]

The Valuation Act 2001, provides for the valuation of all commercial and industrial property and the Commissioner of Valuation is independent in the performance of his functions under the Act.

The recent revaluation of the Fingal County Council rating authority area was undertaken after the required consultation by the Commissioner with both the Minister for the Environment, Heritage and Local Government and Fingal County Council itself and the subsequent making by the Commissioner of the requisite Valuation Order in March 2007. The new valuation list was published on 31st December 2009. By reference to this list, over two-thirds of ratepayers in Fingal will experience decreased rates liability, no change in their liability or will be newly rated this year, while only one-third face increased rates liability.

As provided in the Act, and as advised to all ratepayers in the Fingal area, there is provision for any ratepayer to formally appeal to the Commissioner of Valuation against the rateable valuation accorded his / her property in the valuation list published on 31st December, 2009. These appeals are now being considered by the Commissioner. If any ratepayer is still dissatisfied with their valuation they can appeal to the independent Valuation Tribunal and ultimately to the Courts on a point of law.

The purpose of a revaluation is not to increase the total amount of commercial rates collected by local authorities. The legislation (Valuation Act 2001 and the Local Government (Business Improvement Districts) Act 2006) provides that the commercial rates income of local authorities in the year following a revaluation will be capped. The only increase in the total rates income of a local authority permitted in the year following publication of the new valuation list is an increase to cover for the rate of inflation. If deflation exists, the overall rates income will be decreased accordingly.

The choice of Valuation Date does not affect the overall commercial rates income of a local authority. The amount of rates payable on any property is the result of multiplying two variables: the Valuation, which is in line with rental values at the Valuation Date and the ARV — the annual rate on valuation — which is calculated by the local authority. Since the total amount of rates to be collected by the local authority is capped in the year after the revaluation takes place, the only movements are between the total amount of valuations and the ARV.

If the valuation date of September 30th 2005 was altered and as a result produced a lower total valuation overall, then the ARV would increase, so that the local authority receives the pre-determined amount of rates income in the year following the Revaluation. Likewise, if a different valuation date produced a higher total valuation overall, then the ARV would reduce to provide the local authority with the same pre-determined amount of rates income. Therefore, changing the date of valuation will not affect the overall amount of rates income received by a local authority in the year following Revaluation.

While individual increases or decreases in rates liability will inevitably be the result of a revaluation, such increases or decreases will reflect movements over time in the overall property market, and result in a fairer, more transparent rating system.

Financial Institutions Support Scheme

Joan Burton

Question:

94 Deputy Joan Burton asked the Minister for Finance further to Parliamentary Question No. 68 of 27 May 2010, if he will provide a breakdown of the €188 billion of liabilities covered by the credit institution financial support scheme, bank guarantee, to mature on 1 October 2010, by demand deposits, term deposits, senior debt, subordinated debt, inter-bank lending and other; and if he will make a statement on the matter. [23781/10]

As I stated in the reply referred to, as of end April a total of €188bn covered by either Covered Institutions Financial Support Scheme (CIFS) or Eligible Liabilities Guarantee Scheme (ELG) was expected to mature before 1 October. This figure is broken down as follows:

Number

Demand Deposits

66,908

Interbank Lending

16,405

Senior Debt

57,791

Subordinated Debt

866

Total Wholesale Funding

141,970

+ Retail Deposits

121,990

Total Funding

263,960

- Deposit Protection

76,000

Total Liabilities Covered

187,960

Tax Code

Joan Burton

Question:

95 Deputy Joan Burton asked the Minister for Finance further to Parliamentary Question No. 65 of 27 May 2010, if he will set out the amount of tax relief, for 2006, 2007, 2008, and 2009, granted to individuals in respect of pension relief on contributions to pension funds with a value in excess of €1 million, €2 million, €3 million, €4 million and €5 million; his plans to reduce to standard fund threshold and personal fund threshold in line with falling income and prices for 2009 and 2010; and if he will make a statement on the matter. [23782/10]

I am informed by the Revenue Commissioners that the provision of tax relief on pension contributions is not required to be linked to the values of pension funds in the manner set out in the question. Accordingly, there is no data available on which to provide the figures being sought.

The maximum allowable pension fund that an individual can build up from tax-relieved contributions is known as the Standard Fund Threshold or SFT. The SFT is a lifetime limit which was introduced in Budget and Finance Act 2006 at an initial level of €5 million and was increased in line with an indexation factor in 2007 and 2008 to its current value of just over €5.4 million. A higher limit (the Personal Fund Threshold — PFT) was also introduced in Budget and Finance Act 2006 for individuals whose pension fund values exceeded €5 million on the date the SFT was introduced (7 December 2005) and the PFT was also increased in line with an indexation factor in 2007 and 2008. In accordance, however, with the decision made in Budget 2009, there was no indexation of the SFT or PFT for 2009. Penal tax charges apply to any funds in excess of the thresholds.

The current level of the SFT will be kept under review as part of the normal Budgetary and Finance Bill process.

Care of the Elderly

Richard Bruton

Question:

96 Deputy Richard Bruton asked the Minister for Health and Children if her attention has been drawn to the reduction in the availability of respite care on the north side of Dublin; and if she has established any policy guidelines for the Health Service Executive regarding respite care. [23690/10]

Government policy in relation to older people is to support people to live in dignity and independence in their own homes and communities for as long as possible. Where this is not feasible, support is provided to access quality, long-term, affordable residential care.

In line with this overall approach, a priority of Government in recent years has been to develop a range of community-based supports such as Home Help, Home Care Packages, and Day Care. The HSE Service Plan 2010, approved by the Minister for Health and Children last March, commits the Executive to providing agreed levels of service nationally for these key areas. The Plan includes Respite Care, often available through Day Care or Home Care Packages, and delivered either directly by the HSE, or in partnership with the voluntary or private sectors. Broadly speaking, the level of community supports for older people in 2010 is in line with 2009 provision. There is, in fact, an increase this year in the number of Home Care Packages available, due to an additional €10m given in the last Budget for this purpose.

I am not aware of specific issues relating to the provision of Respite Care in the Northside of Dublin. It is, however, a matter for the HSE to manage the services I have outlined, including Respite Care, at national, regional, or local level, bearing in mind all relevant factors such as overall resources, local circumstances, and evolving service priorities. I have not established separate policy guidelines on this matter.

Pension Provisions

Paul Connaughton

Question:

97 Deputy Paul Connaughton asked the Minister for Health and Children if persons employed by the Irish Blood Transfusion Service who have paid into their pension and who have been assured that they are members of the public service will be entitled to their private pension and to the State retirement contributory or old age pension; and if she will make a statement on the matter. [23746/10]

The Irish Blood Transfusion Service is a statutory body under the aegis of my Department. A contributory funded pension scheme, sponsored by the employer, was set up for employees in 1963. The Irish Blood Transfusion Service is a public service body as defined in the Financial Emergency Measures in the Public Interest Act, 2009 and consequently its employees are public servants for the purposes of the deduction from remuneration under that Act. The Scheme provides for payment on retirement at age 65 of a lump sum equal to 3/80th final salary multiplied by years of service and a pension for life equal to 1/80th final salary multiplied by years of service. Under the terms of the scheme the occupational pension is not subject to integration and therefore is payable in addition to any entitlements to the State Pension (Contributory).

Services for People with Disabilities

David Stanton

Question:

98 Deputy David Stanton asked the Minister for Health and Children the input she has had, or continues to have, into the Health Service Executive national review of autism services; and if she will make a statement on the matter. [23776/10]

David Stanton

Question:

112 Deputy David Stanton asked the Minister for Health and Children further to Parliamentary Question No. 225 of 6 may 2009, the number of stakeholders who made submissions to the national review of autism services through the Health Service Executive website; the contact between her Department, the HSE and the Department of Education and Skills in relation to this review; and if she will make a statement on the matter. [23775/10]

I propose to take Questions Nos. 98 and 112 together.

I wish to advise the Deputy that the Health Service Executive's national review of autism services is entirely a matter for the HSE and my Department has not had any input into this review. Due to the ongoing industrial action affecting the Health Service Executive it is not possible for the Executive to supply the additional information requested in relation to the number of stakeholders who made submissions to the national review of autism services through the Health Service Executive's website. Finally, my Department is not aware of any engagement between the Department of Education & Skills and the HSE. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

EU Directives

Denis Naughten

Question:

99 Deputy Denis Naughten asked the Minister for Health and Children her input into the impact assessment review of the EU Tobacco Products Directive; if the review will include the introduction of health warnings on both sides of a packet of cigarettes; if she will provide details on the proposed new reporting and registration requirements being proposed including proposed sanctions for the tobacco industry in the case of non-delivery of ingredients data; when proposals will be put forward by the European Commission to the European Parliament for decision; the details on the timing of this initiative; and if she will make a statement on the matter. [23561/10]

Phil Hogan

Question:

104 Deputy Phil Hogan asked the Minister for Health and Children her input into the impact assessment review of the EU Tobacco Products Directive; if the review will include the introduction of health warnings on both sides of a packet of cigarettes; the details of the proposed new reporting and registration requirements being proposed including proposed sanctions for the tobacco industry in the case of non-delivery of ingredients data; and if she will make a statement on the matter. [23692/10]

I propose to take Questions Nos. 99 and 104 together.

At the outset, I should point out that there is already a requirement for health warnings on both sides of the packaging of all tobacco products placed on the market in Ireland.

Following consultation with Member States, Non Government Organisations and the Tobacco Industry in December 2009, an external contractor is finalising a report on the impacts of a possible revision of the Tobacco Products Directive. The European Commission proposes to publish a document analysing these impacts for public consultation in Summer 2010. At that juncture, my Department will submit observations as appropriate.

Health Services

Finian McGrath

Question:

100 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 12. [23564/10]

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 the Deputy inform the individual mentioned that it is open to them to contact their local health office directly.

Nursing Home Subventions

John O'Donoghue

Question:

101 Deputy John O’Donoghue asked the Minister for Health and Children when a person (details supplied) in County Kerry will receive the result of their application for nursing home subvention. [23653/10]

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. However, if this matter remains of continuing concern to you, I would invite you to raise it with me again in due course.

Nursing Education

Ruairí Quinn

Question:

102 Deputy Ruairí Quinn asked the Minister for Health and Children if there is any appeals process in place for students who fail to be called to the interview stage of a programme run by the nursing careers centre; the way a person (details supplied) in Dublin 13 can avail of this appeals process. [23671/10]

I have been advised by the Nursing Careers Centre (NCC), which is under the management of An Bord Altranais, that there is no appeals process for students who fail to be called to the interview stage of the Entry Competition for Mature Students into a Nursing Career Programme run by the NCC.

The current process for selection of mature code applicants for nursing/midwifery has operated over 10 years. Nursing/Midwifery A Career for You(page 10) states that: “A mature code applicant who passes the (NCC) written assessment and interview is placed on the list for each mature course code for which she has applied. The overall score in the NCC written assessment determines an applicant’s position on the order of merit list for each mature course code for which she applied.”

The NCC and the Public Appointments Service (PAS) periodically review and evaluate all processes in order to satisfy themselves that they are in line with best practice for recruitment and selection. The NCC and the PAS undertook an evaluation of the selection process in Autumn 2009. The evaluation report included a review of the interview process. One of its conclusions, based on best practice, recommended that a 2:1 ratio of applicants to places should be invited to interview.

On the basis of this review, it was decided by the NCC that, in the interests of fairness to applicants and to relieve them of the stress and cost of attendance for interview, only those applicants who had achieved a score likely to qualify them for an offer of a place in nursing/midwifery based on the order of merit list should be invited to interview. In this year's competition, in line with best practice and evidence, the top successful candidates who achieved the highest scores at written assessment test were invited to interview.

The 2010 competition saw an unprecedented number of applications for mature code nursing/midwifery. There were 2224 applications in total, the highest number since the competition began. Of the 1040 applicants who passed the written assessment, 659 were invited to interview for approximately 336 places. This was in line with best practice in recruitment and selection processes.

There are a maximum of 336 places available in any year for mature code applicants in the mature competition for Nursing/Midwifery, which has an overall quota of 1570 places nationally. In the unlikely event that the 336 places are not allocated to mature code candidates, the NCC will revert to the list of remaining candidates who have passed the written assessment test and may invite a number for interview in order of merit.

Health Services

Billy Timmins

Question:

103 Deputy Billy Timmins asked the Minister for Health and Children the position regarding the case of a person (details supplied) in County Carlow; if their case will be examined; and if she will make a statement on the matter. [23675/10]

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 the Deputy inform the individual mentioned that it is open to them to contact their local health office directly.

Question No. 104 answered with Question No. 99.

Mental Health Services

Ulick Burke

Question:

105 Deputy Ulick Burke asked the Minister for Health and Children the number of children placed in mental health institutions in the Health Service Executive West in each county within the health area; the number in each case who are in need of special needs support, and the numbers taken from these institutions during the past five years. [23736/10]

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.

Medical Cards

Paul Kehoe

Question:

106 Deputy Paul Kehoe asked the Minister for Health and Children the position regarding a medical card application in respect of a person (details supplied); when a decision will issue. [23737/10]

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.

Michael Ring

Question:

107 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be approved and issued a medical card. [23741/10]

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.

Obesity Levels

Paul Connaughton

Question:

108 Deputy Paul Connaughton asked the Minister for Health and Children if her attention has been drawn to the fact that a person (details supplied) in County Galway has developed a special education programme to try to reduce the level of obesity in school going children; if her further attention has been drawn to the fact that this particular model works very well in the UK schools and that part of this programme can be taught with almost every class in the school and as such does not require any extra teachers; if she or the Health Service Executive are aware of this particular educational system to try to control obesity; and if she will make a statement on the matter. [23743/10]

I have met with the person referred to by the Deputy. As this is a school based programme, it would be primarily a matter for the Department of Education and Skills and I therefore suggested that he consult with that Department.

Ministerial Responsibilities

David Stanton

Question:

109 Deputy David Stanton asked the Minister for Health and Children the number of delegation of ministerial functions orders in her Department; when these orders came into effect; the functions delegated under each order; and if she will make a statement on the matter. [23771/10]

Ministerial functions have been delegated to the three Ministers of State at the Department of Health and Children as set out in the table.

Minister and SI No.

Functions Delegated

Date order came into effect

Minister of State, Barry Andrews

Adoption Acts 1952 to 1998

26 May 2009

231/2009

Children Acts 1908 to 1989

Child Care Acts 1991 to 2007

Protections for Persons Reporting Child Abuse Act 1998 (No. 49 of 1998)

Children Acts 2001 to 2007

Ombudsman for Children Act 2002 (No. 22 of 2002)

Youth Work Act 2001 (No. 42 of 2001) (other than section 18 and the Schedule)

Subsections (1)(d) and (2) of section 2 of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007 (No. 32 of 2007), in so far as they are performable in relation to the Young People’s Facilities and Services Fund.

Minister of State, John Moloney T.D.

Section 4 of the Health (Miscellaneous Provisions) Act 2001 (No. 14 of 2001)

26 May 2009

232/2009

Mental Health Act 2001 (No. 25 of 2001)

Part 2 and section 32 of the Disability Act 2005 (No. 14 of 2005)

Minister of State, Aine Brady T.D.

Sections 7 and 10 of the Health (Nursing Homes) Act 1990 (No. 23 of 1990)

26 May 2009

233 /2009

Misuse of Drugs Acts 1977 to 2006

Section 71 of the Health Act 1970 (No. 1 of 1970)

Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act 1978 (No. 27 of 1978)

Tobacco (Health Promotion and Protection) Act 1988 (No. 24 of 1988)

Public Health (Tobacco) Acts 2002 (No. 6 of 2002)

Public Health (Tobacco) (Amendment) Act 2004 (No. 6 of 2004)

Health Service Statistics

David Stanton

Question:

110 Deputy David Stanton asked the Minister for Health and Children if the population health directorate collects statistics or compiles databases of the number and incidences of illnesses and disabilities nationally; the role, if any, this directorate has in service provision and service reviews in view of its role in improving health outcomes and the health status of the population; and if she will make a statement on the matter. [23773/10]

The Health Service Executive is undergoing a transformation programme which involves a significant reorganisation of its Directorates including Population Health. As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy, to supply the current information in relation to statistics and databases held and services provided by that Directorate.

Mental Health Services

David Stanton

Question:

111 Deputy David Stanton asked the Minister for Health and Children further to Parliamentary Question No. 225 of 6 May 2009, the number of reviews of autism Spectrum Disorders which were identified by the Health Service Executive as having been commissioned in each of the years from 1998 to 2009; if she will give the details of these reviews, including, the names, the date the review was completed, when the review was published and who commissioned each report; and if she will make a statement on the matter. [23774/10]

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. 112 answered with Question No. 98.

Nursing Home Accommodation

Mary Upton

Question:

113 Deputy Mary Upton asked the Minister for Health and Children her plans for a site in Dublin (details supplied); when she expects that the nursing home in progress at St. Michael’s, Inchicore, Dublin will be completed; and if she will make a statement on the matter. [23783/10]

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

Seán Ó Fearghaíl

Question:

114 Deputy Seán Ó Fearghaíl asked the Minister for Health and Children if a person (details supplied) in County Kildare, over 70 years of age, who recently had a dental procedure carried out by the Health Service Executive dental service, may now have their treatment completed; and if she will make a statement on the matter. [23788/10]

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 Allowances

Bernard J. Durkan

Question:

115 Deputy Bernard J. Durkan asked the Minister for Health and Children the reason back to school allowance was not awarded in the case of a person (details supplied) in Dublin 5; and if she will make a statement on the matter. [23796/10]

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.

Medical Cards

Bernard J. Durkan

Question:

116 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23799/10]

As indicated to the Deputy in my previous response, it was not possible to answer the original question due to industrial action. This industrial action currently remains in place and continues to affect the provision of substantive replies to certain Parliamentary Questions. If the matter raised continues to be of concern, it will be necessary for the Deputy to resubmit the original question again when the current industrial action has been resolved.

Bernard J. Durkan

Question:

117 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23800/10]

As indicated to the Deputy in my previous responses, it was not possible to answer the original questions due to industrial action. This industrial action currently remains in place and continues to affect the provision of substantive replies to certain Parliamentary Questions. If the matter raised continues to be of concern, it will be necessary for the Deputy to resubmit the original question again when the current industrial action has been resolved.

Health Services

Caoimhghín Ó Caoláin

Question:

118 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the reason that children in the Dublin north east area are being forced to wait two years or more for orthodontic treatment; the steps she is taking to address this; and if she will make a statement on the matter. [23826/10]

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.

Citizenship Applications

Bernard J. Durkan

Question:

119 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the procedure to be followed to enable persons who no longer require a work permit having spent more than five years in employment here transfer to an alternative employer; if they are notified as to any such procedures; if any reference is made to his Department or the Irish Naturalisation and Immigration Service to facilitate procedure; and if he will make a statement on the matter. [23794/10]

On 28 August 2009, the Minister for Justice, Equality and Law Reform, in consultation with the Tánaiste and Minister for Enterprise, Trade and Employment announced changes in the way the State's immigration system deals with non-EEA migrant workers.

From that date, all non-EEA persons who have held employment permits for 5 years of more consecutively and have been working lawfully during that time, will be exempted, provided they meet certain conditions, from the requirement to hold a work permit and will no longer be limited to one employer. Such persons will be issued with a Stamp 4 permission signifying the right to be present in the State and to be employed without an employment permit. Persons seeking such permission should contact their local Immigration office. The eligibility rules are clearly laid out on the website of the Irish Naturalisation and Immigration Office www.inis.gov.ie.

This permission will normally be granted for one year and can be renewed annually subject to certain conditions, including that the person is continuing to be in employment or if redundant, he/she is making efforts to seek employment and has not become a burden on the State.

Furthermore, it is open to persons who have held work permits for 5 years consecutively to apply to the Minister for Justice, Equality and Law Reform for long term residency. Subject to such an application being approved, a person will be granted Stamp 4 for a five year period. Details on the long term residency scheme are again on the INIS website.

Deirdre Clune

Question:

120 Deputy Deirdre Clune asked the Minister for Justice and Law Reform if he will review an application for naturalisation in respect of a person (details supplied) in County Cork; the stage of the process this application is at; when a decision will be expected; and if he will make a statement on the matter. [23550/10]

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 March 2008 and I decided in my absolute discretion to grant a certificate of naturalisation. The person in question was informed of this decision in a letter issued to her on 25 May, 2010.

A certificate of naturalisation will issue to the person concerned in the near future.

Deirdre Clune

Question:

121 Deputy Deirdre Clune asked the Minister for Justice and Law Reform if he will review an application in respect of a person (details supplied) in County Cork; the stage of the process this application is at; when a decision will be expected; and if he will make a statement on the matter. [23551/10]

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 2008.

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. Officials in the Citizenship Division inform me that further processing of the application is ongoing 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.

Asylum Applications

Brian O'Shea

Question:

122 Deputy Brian O’Shea asked the Minister for Justice and Law Reform the position regarding an application for leave to remain in the State in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [23559/10]

The person concerned applied for asylum on 18 April 2001. 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.

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 14 October 2002, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. Representations have been submitted on behalf of the person concerned.

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

In the event that the 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.

Provision of Services

Finian McGrath

Question:

123 Deputy Finian McGrath asked the Minister for Justice and Law Reform if she will support the case of a person (details supplied) in Dublin 17. [23565/10]

I can inform the Deputy that arrangements for the provision of the services in question have been in place since February of this year. The relevant details have been communicated to the person referred to in his question.

Electronic Monitoring

Aengus Ó Snodaigh

Question:

124 Deputy Aengus Ó Snodaigh asked the Minister for Justice and Law Reform further to Parliamentary Question No. 79 of 13 May 2010, if the decision to commence the pilot was based on new evidence on the cost-effectiveness of tagging; and if so, the details of that evidence. [23670/10]

I set out the background to the decision to introduce a pilot to test the technology used in electronic monitoring and its suitability for application in this jurisdiction in my reply to the Deputy's party colleague on the 13th of May, 2010. I have nothing further to add at this time.

Visa Applications

John Browne

Question:

125 Deputy John Browne asked the Minister for Justice and Law Reform if he will review the refusal of a temporary visa in respect of a person (details supplied). [23687/10]

The visa application referred to by the Deputy was received in the Visa Office, Dublin on the 25 November 2009. Following consideration by a Visa Officer it was refused on 4 December 2009 for the following reasons. There was insufficient documentation submitted in support of the application, specifically a full copy of the passport of the contact/host in Ireland was not provided; It was the opinion of the Visa Officer that there were inconsistencies in the information supplied. The Visa Officer had concerns with regard to letters from the contact/host in Ireland; It was the opinion of the Visa Officer that the applicant did not have sufficient obligations to return to the country of origin and may not observe the conditions of a visit visa where one was granted.

The applicant appealed the refusal to grant a visa. The decision of the Visa Officer was upheld by an Appeals Officer on the 11 February 2010. Each visa application is entitled to one appeal only. It is however open to the applicant to submit a fresh visa application at any time.

Asylum Applications

Pat Rabbitte

Question:

126 Deputy Pat Rabbitte asked the Minister for Justice and Law Reform his response to a publication (details supplied); and if he will make a statement on the matter. [23704/10]

My officials have studied the report which issued last month and have already met with the group, which commissioned it, to discuss its contents. The views expressed in the report are broadly critical of the direct provision system in this country for asylum seekers. The group recommend its abolition. It is clear at this stage, however, that no alternative system for the reception of asylum seekers here would be either affordable or appropriate in our current economic circumstances. There are, to be fair, points of detail raised in the report about the general administration of reception centres which either have been addressed by my officials or are in the course of being addressed.

Ministerial Responsibilities

David Stanton

Question:

127 Deputy David Stanton asked the Minister for Justice and Law Reform the number of delegation of ministerial functions orders in his Department; when these orders came into effect; the functions delegated under each order; and if he will make a statement on the matter. [23772/10]

I wish to inform the Deputy that there are currently no extant Delegation of Ministerial Functions Orders in my Department.

Citizenship Applications

Bernard J. Durkan

Question:

128 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding an application for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [23792/10]

I refer the Deputy to my reply to Parliamentary Question 138 on 27 May, 2010. The position remains as stated.

Immigration Policy

Michael D. Higgins

Question:

129 Deputy Michael D. Higgins asked the Minister for Justice and Law Reform if he will clarify immigration policy regarding de facto relationships; if there is a specific application form required to have such relationships recognised; if he will provide a list of the documentation needed to support such an application. [23833/10]

Non-EEA nationals who are in a de facto relationship or a partnership (either heterosexual or same sex) may apply for immigration permission based on that relationship (assuming that the other party is already entitled to reside in Ireland). The rules vary depending primarily on the immigration status of the person with whom the de facto relationship is claimed.

Partners of EU citizens exercising EU Treaty Rights in accordance with the European Communities (Free Movement of Persons) Regulations 2006 and 2008 will be dealt with under those regulations. The rules applicable to those persons are available on the website of the Irish Naturalisation and Immigration Service. Form EU1 is the appropriate application form in that situation.

Partners of Irish citizens or non-EEA nationals lawfully resident in the State will be considered under national immigration measures. In those situations the non-EEA national who wishes to remain in the State based on a partnership must be able to satisfy the immigration authorities that the partnership is genuine and durable and that the partners are residing, or intend to reside, as a family unit in the State. For entry to the State, the person concerned must ensure that he/she has the relevant documentation with them, including a visa where required, to satisfy the immigration officer that there is a bona fide basis to permit entry. The INIS website sets out details of the information and documentation which is necessary to support an application for immigration permission.

The required minimum duration of the relationship is normally two years. This applies where the person with whom a relationship is claimed is an Irish or EU national. In certain circumstances it also applies where the partner is a non-EEA national with a particular immigration status. In other cases the required period is for 4 years.

The onus rests with the person seeking immigration permission to satisfy the Irish Naturalisation and Immigration Service as to the bona fides of the partnership. The nature and duration of the relationship would be taken into account in determining whether or not permission would be granted and the status of the lawfully resident partner will be taken into account. Applications are dealt with on a case by case basis.

Diplomatic Representation

Aengus Ó Snodaigh

Question:

130 Deputy Aengus Ó Snodaigh asked the Minister for Foreign Affairs if, on his recent visit to China, he raised the matter of that country’s refusal to grant refugee status to North Koreans and its practice of repatriating them to North Korea where they may face torture and execution; and if he will make a statement on the matter. [23553/10]

I am deeply concerned about the situation of North Korean migrants in China. As reported in January 2010 by the respected NGO, Human Rights Watch, most North Koreans who flee the Democratic People's Republic of Korea (DPRK), do so by escaping through their country's northern border with China.

The situation in the DPRK from which they flee has been described as "abysmal" by the UN Special Rapporteur, Prof. Vitit Muntarbhorn, in a report published on 22 October last. The Special Rapporteur reported that almost 9 million people in the country are suffering from food shortages. Where the human rights situation is concerned, he noted also that despite various formal guarantees in the Constitution, the people of the DPRK are subject to persecution, clampdowns, collective punishment, torture, arbitrary executions and public executions.

In these circumstances, hundreds of thousands of North Koreans are believed to have crossed the border into China since the mid-1990s. Many are thought to consider China as a transition point from which to travel on to other destinations, including the Republic of Korea, and the number of refugees currently in China is hard to estimate. Conservative estimates suggest a figure of between 30,000 to 50,000, though some organisations have set the figure as high as 100,000 to 300,000.

Those who leave North Korea without the permission of the State are considered criminals. As such, they face grave punishments upon repatriation such as torture, lengthy terms of imprisonment in horrendous detention facilities, and even execution.

For their part, the Chinese authorities categorically label North Koreans in China "illegal" economic migrants and they routinely repatriate them, irrespective of the punishments they will face on return, or the reasons for which they left the DPRK in the first place (which often include political or religious persecution as well as endemic food shortages). In this context, concern has been expressed that the Chinese authorities are failing to fulfil the terms of the 1951 UN Convention Relating to the Status of Refugees, which prohibits the expulsion or return of refugees to territories where their life or freedom would be threatened. China acceded to the Convention in 1982.

This issue was not among the number of human rights issues I discussed with the Chinese Foreign Minister, Mr Yang Jiechi, during my visit to China last week, It will, however, feature in ongoing contacts with the Chinese authorities on human rights issues.

Passport Applications

Charlie O'Connor

Question:

131 Deputy Charlie O’Connor asked the Minister for Foreign Affairs his plans to deal with the concerns of the community in respect of the delays in processing passport applications; if he will give assurances on the matter; and if he will make a statement on the matter. [23660/10]

On 27 May officials of my Department and the CPSU attended a mediation process at the invitation of the Chief Executive of the Labour Relations Commission. On 28 May a proposal was presented by Mr. Mulvey to both sides. The management side have accepted the proposals which are currently being considered by members of the union. I hope that agreement will allow the Passport Service to return to normal activity as soon as possible.

I very much hope that the union membership support the proposals which, if implemented, will enable the recruitment of the additional temporary staff necessary to allow the Passport Service to return as soon as possible to normal operation and, in the meantime, to implement an enhanced system of prioritisation for applicants who need to travel as a matter of urgency.

Deirdre Clune

Question:

132 Deputy Deirdre Clune asked the Minister for Foreign Affairs if he will review the passport application in respect of a person (details supplied) in County Cork who applied via passport express in early May for a passport to travel to the Middle East on 12 June 2010 for work; and if he will make a statement on the matter. [23669/10]

I can confirm that the application was approved on 31 May, and the applicant will have the passport well in advance of her travel date.

Diplomatic Representation

Tom Kitt

Question:

133 Deputy Tom Kitt asked the Minister for Foreign Affairs if he will intervene through our diplomatic channels, to raise at international level the case of persons (details supplied) who have been sentenced to 14 years imprisonment in Malawi for being gay. [23740/10]

The Deputy will have seen the welcome news that on Saturday President Mutharika granted an unconditional pardon to Steven Monjeza and Tiwonge Chimbalanga, after meeting with UN Secretary General Ban Ki-moon. In a press conference announcing the pardon, the President stated that he had taken his decision on humanitarian grounds and that the law itself has not changed.

I have been following the case of Steven Monjeza and Tiwonge Chimbalanga since the two men were first arrested. Our Embassy in Lilongwe, along with our EU partners, has been active in raising our concerns about the matter with the Government of Malawi throughout. I want to emphasise in particular our very serious concern and dismay at the arrest, conviction and severe sentence imposed upon these men on account of their sexual orientation. The conviction was contrary to international human rights principles which Malawi has ratified. With our EU partners, we have called on the Government of Malawi to fulfil its commitments to the protection of the human rights of all individuals, irrespective of their sexual orientation. My colleague, the Minister of State for Overseas Development, Peter Power, T.D., made a statement to this effect on 20 May and Ireland supports the similar statement made by High Representative Catherine Ashton on 21 May, which also refers to Malawi's commitments and obligations under international human rights law.

Malawi is one of the nine Programme Countries where Ireland has a commitment to long term strategic assistance. Our five year country programme focuses on nutrition and food security and support for good governance. These are targeted programmes and we do not provide general budget support. Ireland also supports civil society organisations working in Malawi, including those that engage in human rights work there.

We remain in constant contact with our Ambassador in Malawi and our concerns are being fully communicated to the Government of Malawi. The Deputy can be assured that we will continue to coordinate with our EU and international partners on this matter to impress upon the Government of Malawi the need for compliance with its own obligations under international human rights agreements.

National Museum

Róisín Shortall

Question:

134 Deputy Róisín Shortall asked the Minister for Tourism, Culture and Sport if she will comment on the fact that the National Museum of Ireland and other associated museums, such as the museum at Collins Barracks, are closed on Mondays and only operate restricted opening times on Sundays; her views on this in view of the decline in tourism in Ireland; and if steps will be made to make these attractions more accessible to the general public. [23557/10]

Whilst my Department provides funding to our National Cultural Institutions, the Board of each Institution is responsible for all operational matters relating to the institution, including opening hours and I do not have a statutory function in respect of day-to-day operational matters. The National Museum of Ireland attracted over 783,000 visitors to its three sites in Collins Barracks, Kildare Street and the Museum of Country Life in Turlough Park in 2009. With the reopening of the Natural History Museum in Merrion Street it is anticipated that National Museum will attract over 1 million visitors to all its sites in 2010.

The National Museum commissioned a Front of House review in 2008, which included consideration of an extension of opening hours. The Museum is in consultation with staff representatives on the implementation of the recommendations contained in the report.

My Department encourages the provision of additional public access to our National Galleries, Museums and Libraries. The National Gallery of Ireland, the National Library and Crawford Art Gallery, are opened on Mondays as is the Chester Beatty Library for the period from May to September. In addition, my Department has provided funding since 2006 towards Culture Night, when all our national cultural institutions remain open until late in the evening, allow people access to our national collections outside of regular visiting hours.

Many international cultural institutions operate a policy of restricting access to the public one day a week. It is common practice internationally for institutions to use this time to attend to work that cannot be accommodated while the public has access, for health and safety and operational reasons.

Sport and Recreational Development

Mary Upton

Question:

135 Deputy Mary Upton asked the Minister for Tourism, Culture and Sport the discussions she has had with Alltech and Dr. Pearse Lyons or his representatives in relation to the proposal to bring the world equestrian games to Ireland; and if she will make a statement on the matter. [23700/10]

Mary Upton

Question:

136 Deputy Mary Upton asked the Minister for Tourism, Culture and Sport the discussion she has had with Horse Sport Ireland about the possibility of bringing the world equestrian games to Ireland; and if she will make a statement on the matter. [23701/10]

I propose to take Questions Nos. 135 and 136 together.

In 2008 my predecessors, the late Séamus Brennan TD, and Martin Cullen TD along with officials of the Department, met with those involved in the World Equestrian Games (WEG) including the commercial sponsors, where the modalities of a possible Irish bid for the WEG 2014 were discussed. I should point out that responsibility for applying to host the World Equestrian Games rests with the relevant national governing body, in this case Horse Sport Ireland (HSI). In this regard, consideration was given by HSI in 2008 to making an application to host the 2014 World Equestrian Games. However, I am informed by HSI that, following consideration of the matter at board level, they decided not to proceed with the bid.

Ministerial Responsibilities

David Stanton

Question:

137 Deputy David Stanton asked the Minister for Community, Equality and Gaeltacht Affairs the number of delegation of ministerial functions orders in his Department; when these orders came into effect; the functions delegated under each order; and if he will make a statement on the matter. [23768/10]

I wish to advise the Deputy that the transfer of responsibility for equality, integration, human rights and disability from the Department of Justice, Equality and Law Reform to my Department has now taken place and an Order has been made in this regard. The Order cites that my Department has responsibility for these functions from 1 June 2010.

It is my intention to bring a Memorandum to Government shortly regarding the delegation of the functions transferred to my Department:

in respect of equality, human rights and integration to Ms Mary White, T.D., Minister of State with responsibility for Equality, Integration and Human Rights; and

in respect of disability to Mr John Moloney, TD, who will, of course, continue as Minister of State with special responsibility for Disability Issues and Mental Health at the Department of Health and Children, as well as the renamed Departments of Education and Skills, and Enterprise, Trade and Innovation.

Social Welfare Benefits

Bernard J. Durkan

Question:

138 Deputy Bernard J. Durkan asked the Minister for Social Protection when rent support will be awarded in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23801/10]

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

Bernard J. Durkan

Question:

139 Deputy Bernard J. Durkan asked the Minister for Social Protection the reason back to school allowance was not awarded in the case of a person (details supplied) in Dublin 5; and if he will make a statement on the matter. [23795/10]

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

Bernard J. Durkan

Question:

140 Deputy Bernard J. Durkan asked the Minister for Social Protection when a person (details supplied) in County Kildare will obtain occupational injury benefit and disablement payment; and if he will make a statement on the matter. [23797/10]

The records of the department do not show any recent claim from the person concerned in respect of occupational injury benefit or disablement benefit. In August 2007, the person concerned claimed occupational injury benefit in respect of a prescribed disease for which he had been awarded occupational injury benefit under a previous claim made in October 2005. The claim made in August 2007 was disallowed by a Deciding Officer and this decision was upheld by an Appeals Officer. However, the claim was treated as a claim for illness benefit and payment was made on that basis. Under the disablement benefit scheme a life gratuity of €4,554.00, representing a 5% loss of faculty, was paid. The person concerned is currently in receipt of invalidity pension.

Bernard J. Durkan

Question:

141 Deputy Bernard J. Durkan asked the Minister for Social Protection the position regarding an application for rent allowance in respect of a person (details supplied) in Dublin 5; and if he will make a statement on the matter. [23802/10]

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

Bernard J. Durkan

Question:

142 Deputy Bernard J. Durkan asked the Minister for Social Protection when rent supplement will issue in respect of a person (details supplied) in County Kildare; if this matter will be expedited; and if he will make a statement on the matter. [23803/10]

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

Bernard J. Durkan

Question:

143 Deputy Bernard J. Durkan asked the Minister for Social Protection the eligible contributions for qualification for old age pension recorded in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23804/10]

The qualifying conditions for State pension (contributory) require the applicant to:

have entered insurable employment before attaining the age of 56 years;

have at least 260 paid contribution weeks, from employment or self-employment, since entry into insurance;

satisfy the yearly average condition.

The Department does not have any record of a claim for State pension (contributory) made by the person concerned. As she is over pension age, it is recommended that she submit a completed application form for State pension (contributory) to the Department at her earliest convenience. On receipt of this application, her entitlement will be fully examined, and she will be notified of the outcome without delay.

Social Welfare Code

Bernard J. Durkan

Question:

144 Deputy Bernard J. Durkan asked the Minister for Social Protection the precise grounds and extent of income over a specific period that prevent a person (details supplied) in County Kildare from qualifying for jobseeker’s allowance; and if he will make a statement on the matter. [23805/10]

Social welfare legislation provides that if one person of a couple is getting jobseeker's allowance, and the spouse/partner is in receipt of illness benefit, the amount that can be paid to the couple is limited to the maximum amount that would be payable to the couple if either were to claim a personal rate and an increase for the spouse/partner as a qualified adult.

The specific calculation of means in the case of the application for jobseeker's allowance by the person concerned, who works when he is called out as a firefighter is as follows:

Means assessment calculation

Gross Earnings (basic plus retainer as €31,653.29 per P60 for tax year ended 31/12/2009)

Less PRSI € 1,690.26

Net Earnings €29,963.03

Less number of callouts (235 x €20 per callout) €4,700.00

€25,263.03 × 60%

= €15,157.81/52

= € 291.49 p.w. = Earnings from firefighting

FAMILY RATE

PERSON (assessed separately)

€196.00 (personal rate)

€196.00 (personal rate)

€130.10 (qualified adult)

€44.70 (half rate qualified child allowance)

€89.40 (qualified children)

€240.70

€415.50

€146.00 (less half means)

€291.00 (less means)

€94.70 Maximum amount payable

€124.50 Maximum amount payable

The spouse/partner of the person concerned is in receipt of €196.00 per week illness benefit therefore he does not qualify for the payment of jobseeker's allowance as €196.00 exceeds the maximum payable as calculated under either the family rate (€124.50) or the personal rate (€94.70).

Social Welfare Benefits

Bernard J. Durkan

Question:

145 Deputy Bernard J. Durkan asked the Minister for Social Protection the position regarding an application for disability allowance and invalidity payment in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23806/10]

The application for disability allowance, by the person concerned, was disallowed by a Deciding Officer following an assessment by a Medical Assessor of the Department who expressed the opinion that she was medically unsuitable for disability allowance. 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 medically unsuitable for disability allowance.

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. For this purpose, a form SWAO1 was issued on 30 November 2009. The person concerned failed to respond and subsequently her appeal could not be progressed.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Bernard J. Durkan

Question:

146 Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) in County Kildare qualifies for any social welfare payment; and if he will make a statement on the matter. [23807/10]

There is no record of a recent application made by the person concerned for a payment under any of the income support schemes operated by the Department of Social Protection. If the person concerned wishes to pursue an application for any such payment, he should call to his local social welfare office where a member of staff will advise him on his entitlements.

Willie Penrose

Question:

147 Deputy Willie Penrose asked the Minister for Social Protection the position regarding an application for mortgage supplement under supplementary welfare allowance in respect of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [23828/10]

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

Willie Penrose

Question:

148 Deputy Willie Penrose asked the Minister for Social Protection the reason rent supplement under supplementary welfare allowance has ceased in respect of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [23831/10]

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. 149 answered with Question No. 57.

Defence Forces Property

Bernard J. Durkan

Question:

150 Deputy Bernard J. Durkan asked the Minister for Defence the extent to which he has had discussions with the various local authorities with a view to making provision for army overholders; and if he will make a statement on the matter. [23757/10]

The Department has had three meetings with Kildare County Council over the past two years to discuss, amongst other things, the issue of the continued occupation of married quarters by former members of the Defence Forces. Discussions have not taken place with any other local authority, as this is predominantly an issue arising in relation to the Curragh Camp. Kildare County Council has informed the Department that the overholders must be registered on their housing list before any consideration can be given to providing accommodation for them.

Bernard J. Durkan

Question:

151 Deputy Bernard J. Durkan asked the Minister for Defence the extent to which the projections arising from the closing and disposal of various military barracks throughout the country over the past 12 years has been realised; the receipts from such sales; the costs associated therewith; and if he will make a statement on the matter. [23758/10]

Ten military barracks have been closed since 1998. The receipts accruing from the sale of first five barracks were as follows: Murphy Barracks, Ballincollig €44.5m, Fitzgerald Camp, Fermoy €973,889, Devoy Barracks, Naas €9.3m, Castleblayney Barracks €761,843, and Clancy Barracks, Islandbridge €25.4m.

The Government decided on 1st July 2003 that Magee Barracks, Kildare would be among the State lands released to Kildare County Council for inclusion in the Sustaining Progress Affordable Housing Initiative. However, this will not now occur and the Department has retained control of this property.

In relation to the Government decision of 14 October 2008 that approved the closure of the barracks at Monaghan, Longford, Rockhill and Lifford in Donegal the current position is as follows; Rockhill Military post is being prepared for public sale, although an agreement is in place with another Government agency for the purchase of part of the lands. Lifford Military post is under negotiation with another Government agency. An agreement is in place to dispose of part of Connolly Barracks, Longford to a Government agency and some interest has been recorded in the remaining portion of the barracks. An agreement for sale is also in place in relation to Monaghan Barracks. Minimal costs are incurred in relation to the sale of premises as the preferred method is by public tender.

Drug Seizures

Bernard J. Durkan

Question:

152 Deputy Bernard J. Durkan asked the Minister for Defence the extent to which air and sea surveillance can be enhanced to deter drug or human trafficking; and if he will make a statement on the matter. [23759/10]

Responsibility for the prevention of drug trafficking rests primarily with the Customs Service of the Revenue Commissioners. Responsibility for the prevention of crime, including people trafficking, rests primarily with An Garda Síochána. However, the White Paper on Defence provides for a security role for the Naval Service and the Air Corps to assist and support the civil authorities in this important work.

The Naval Service provides the maritime element of the Defence Forces and has a general responsibility to meet contingent and actual maritime defence requirements. The Naval Service operates eight general purpose patrol ships. All eight ships are involved in coastal and offshore patrolling and surveillance for the State in that part of the seas where State jurisdiction applies. The Naval Service intends to further enhance its surveillance capabilities by utilising both Automatic Identification Systems (AIS) and Long Range Identification and Tracking (LRIT) which identify merchant shipping in and approaching Irish waters.

The primary day-to-day tasking of the Naval Service is to provide a fishery protection service in accordance with the State's obligations as a member of the European Union. However, as the need arises, Naval Service vessels are deployed to other duties such as aid to the civil power, search and rescue or recovery, and drug interdiction operations.

The current Exclusive Fishery Limits extend to 200 miles offshore and cover an area of 132,000 nautical square miles. The Naval Service currently patrols the entire 200 mile limit and periodically patrols beyond these limits to protect specific fisheries. These patrols are carried out on a regular and frequent basis and are directed to all areas of Irish waters as necessary. The number of Patrol Vessels on patrol in Irish waters at any one time varies between three and eight. The Naval Service is committed to having at least three vessels on patrol within the Irish Exclusive Economic Zone at any one time. All vessels are multi-tasked in the sense that they also undertake general surveillance, security and other duties while on patrol.

Naval Service patrols are complemented by assistance provided by the Air Corps. The Air Corps Maritime Squadron carries out aerial surveillance of our Exclusive Economic Zone using the two CASA maritime patrol aircraft.

Government measures to improve law enforcement in relation to drugs, including the establishment in 1993 of a Joint Task Force involving An Garda Síochána, the Customs Service and the Naval Service, have helped to maximise the effective use of Naval Service resources in combating drug trafficking. The Air Corps provide air support and, on occasion, carry the Customs National Drugs Team in an observational capacity for the purpose of monitoring vessels suspected of drug trafficking and other illegal activities. There is close co-operation between the civil authorities and the Naval Service and the Air Corps in discharging this important mission.

An Inter-Departmental Maritime Surveillance Co-ordination Group (MarSur CG), chaired by the Department of Transport, has been established under the auspices of the Maritime Co-ordination Group of Assistant Secretaries. The Co-ordination Group will work towards the creation of a common information-sharing environment to enhance safety and security within the Irish maritime domain. The Department of Defence and the Naval Service are represented on this Group along with other Government Departments and Agencies responsible for safety and security in the maritime environment.

Internationally, the establishment in 2007 of the Maritime Analysis and Operations Centre — Narcotics (MAOC-N) has led to a greater focus on intelligence exchange amongst countries to tackle large drug shipments by sea. MAOC-N was set up by seven European countries and is designed as an international co-ordination force with access to national tasking agencies and requires participation and resources from all active members. An Garda Síochána and the Customs Service have full-time officers based at the Centre in Lisbon. Irish Naval Service personnel travel to the Centre when requested by the Joint Task Force.

I am satisfied that with these initiatives in place, the Naval Service and the Air Corps can continue to effectively support the civil authorities in the areas of drug interdiction and people trafficking.

Question No. 153 answered with Question No. 42.

Defence Forces Equipment

Bernard J. Durkan

Question:

154 Deputy Bernard J. Durkan asked the Minister for Defence the extent to which all materials and equipment including aircraft used by the Air Corps are upgraded updated or replaced as necessary; the extent to which this has happened over the past three years and is likely to be provided for in the future; and if he will make a statement on the matter. [23761/10]

There has been very significant investment in equipment for the Air Corps in recent years. The comprehensive investment programme included the acquisition of Pilatus training aircraft at a total cost of €60m, two light utility EC 135 helicopters at a cost of €12.8m, six utility AW 139 helicopters at a cost of €75m, and a major mid life upgrade on the two CASA maritime patrol aircraft at a cost of €16.5m.

There are no plans to purchase new aircraft for the Air Corps in the immediate future. The acquisition of new equipment for the Air Corps is a matter that will be kept under continuous review. It is, however, imperative that the Department and the Defence Forces, including the Air Corps, look to whatever efficiencies can be made taking into account the current difficult economic environment and the overall financial envelope available for the Department for the acquisition of new equipment and for upgrading and refurbishment programmes for equipment, including aircraft, over the coming years. The budgetary situation will dictate the level of funding available for new equipment and upgrades in that period and decisions will be made accordingly. Funding will, of course, be continued to be provided in the relevant Subhead for the required maintenance of Air Corps aircraft.

Bernard J. Durkan

Question:

155 Deputy Bernard J. Durkan asked the Minister for Defence the extent to which obsolete vehicles or equipment other than those retained for historical or museum purposes has been replaced throughout the Defence Forces; the extent to which older vehicles and equipment is utilised in every day use with particular reference to transport vehicles; and if he will make a statement on the matter. [23762/10]

Military vehicles undergo regular maintenance and overhauls to ensure that they are roadworthy. When a vehicle reaches its end of life, the vehicle is withdrawn from operational service and disposed of. It is not the practice to retain a vehicle in service if it is not considered roadworthy. Military vehicles are normally disposed of in accordance with S.I. No 282 of 2006 ‘End of life Vehicle Regulations'.

The Defence Forces is equipped with a modern transport fleet which has proven itself capable of undertaking the roles assigned to it by Government, both domestically and in the recent overseas missions such as Chad and Kosovo. The recent addition of the Roll Over Protection Systems for Troop Carrying Vehicles has increased the level of protection available to Defence Forces personnel whilst being transported on such vehicles.

Notwithstanding the current budgetary situation, a limited number of important equipment purchases will be advanced in 2010 including the delivery of 27 Light Tactical Armoured Vehicles from BAE Systems in South Africa. Other transport related acquisitions scheduled this year include 22 Minibuses, 2 ambulances, 45 patrol vehicles and 4 mid-coaches for troop transportation. In addition, funding is provided on a continuous basis for the required maintenance of the vehicles in the military transport fleet.

Question No. 156 answered with Question No. 23.
Question No. 157 answered with Question No. 39.

Defence Forces Review

Bernard J. Durkan

Question:

158 Deputy Bernard J. Durkan asked the Minister for Defence the number of promotions approved or pending at all ranks in the Defence Forces over the past two years; the numbers nominated but not yet approved; when approval is likely to be given; and if he will make a statement on the matter. [23765/10]

The number of promotions approved or pending at all ranks in the Permanent Defence Force for the period 1 June 2008 — 1 June 2010 is provided in the following tabular statements.

Resulting from the Government Decision regarding the reduction of public service numbers and the reduced budgetary provision available for 2009, recruitment, promotions and acting up appointments in the Permanent Defence Force were suspended in 2009. However, in order to maintain the ongoing operational capability of the Defence Forces, a limited number of exceptions to the application of the measures to the Permanent Defence Force were sought from the Department of Finance.

As was announced on 24 November 2009, the Minister for Finance approved an allocation of 50 promotions, for the Permanent Defence Force. These promotions were approved to address priority operational and command requirements. Military management subsequently reviewed existing vacancies in all ranks across the organisation as a whole, so as to prioritise those to be filled from the approved promotions.

Following on from this review, a total of 13 officer promotions and 30 enlisted promotions have been completed to date. A further 4 enlisted promotions will be completed as soon as the administrative procedures relating to them have been completed. The residual 3 approved promotions will be used to fill priority posts arising in the next few months.

In addition to the 50 promotions, sanction was also received during 2009 for the filling of the following posts on promotion; Director of Military Prosecutions, Deputy Chief of Staff (Operations), 2 posts at Brigadier General level and 10 NCO promotions that were in progress prior to the moratorium. Furthermore, the Department has recently received approval from the Department of Finance for the filling of the Military Judge post. The number of promotions approved or pending at all ranks in the Reserve Defence Force for the same period is being compiled and will be forwarded to the Deputy as soon as it becomes available.

Number of promotions approved in the PDF 1 June 2008-1 June 2010

RANK

NO. OF PROMOTIONS

LT. GEN

0

MAJ. GEN

1

BRIG. GEN

3

COL

10

LT. COL

13

COMDT

21

CAPT

40

LT

100

SGT. MAJ

4

BQMS

6

CS

30

CQMS

30

SGT

143

CPL

186

Number of promotions pending in the PDF at 1 June 2010

PROMOTION PENDING TO THE RANK OF

NO. OF PROMOTIONS

LT. GEN

0

MAJ. GEN

0

BRIG. GEN

0

COL

1

LT. COL

3

COMDT

17

CAPT

65

LT

22

SGT

1

Defence Forces Strength

Bernard J. Durkan

Question:

159 Deputy Bernard J. Durkan asked the Minister for Defence the number or personnel who have retired or have taken early retirement at all ranks from the Defence Forces; if any particular provision is likely to be made for replacement; and if he will make a statement on the matter. [23766/10]

The number of personnel who have recently left the Permanent Defence Forces is provided in the following tabular statements.

Within the available resources, the Government is committed to maintaining the strength of the Permanent Defence Force at a level of 10,000 all ranks, for which Government approval has been secured in the context of Budget 2010. This reflects the reductions in personnel recommended in the Report of the Special Group on Public Service Numbers and Expenditure Programmes.

I am advised by the Military authorities that the strength of the Permanent Defence Force as at 30 April 2010, the latest date for which figures are available was 9,856 broken down as follows; 797 for the Air Corps, 1,023 for the Naval Service and 8,036 for the Army.

Officials from the Department together with the Military Authorities are currently engaged in a review of the structures and posts required to meet the operational requirements of the Permanent Defence Force within the reduced numbers. Following on from this review, discussions will commence with the Department of Finance to agree an Employment Control Framework for the Defence Forces, which is sustainable within a figure of 10,000 serving personnel in the Permanent Defence Force.

In relation to recruitment, I have recently approved the recruitment of 40 recruits to the Naval Service. In addition the military authorities will shortly advertise for some limited recruitment to the Army.

While these are challenging times, my priority is to ensure that the Defence Forces are organised, equipped and staffed in a manner which will ensure that they can continue to deliver the services required of them by Government.

I am advised that at this time the Defence Forces retain the capacity to undertake the tasks laid down by Government both at home and overseas.

PERSONNEL WHO HAVE LEFT THE PERMANENT DEFENCE FORCE 1 APRIL 2009-31 MAY 2010

YEAR

LT GEN

MAJ GEN

BRIG GEN

COL

LT COL

COMDT

CAPT

LT

2/LT

Total Offrs

SGT MAJ

BQMS

CS

CQMS

SGT

CPL

TOTAL NCO

PTE

Apprentice

Recruit

Cadet

Total

2009

2

2

11

13

26

6

2

62

8

9

20

19

79

56

191

168

3

1

2

427

2010

1

2

3

3

9

1

1

6

5

13

23

49

59

117

TOTAL

2

2

12

15

29

9

2

71

9

10

26

24

92

79

240

227

3

1

2

544

Building Regulations

Phil Hogan

Question:

160 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government when regulations will be introduced to deal with noise and acoustics in apartment blocks; and if he will make a statement on the matter. [23658/10]

Part E (Sound) of the Building Regulations, which is operative since 1992, sets out the legal requirements in relation to sound insulation in buildings. The related Technical Guidance Document E (TGD-E) provides guidance on how to comply with Part E. A review of Part E and TGD-E is currently under way in my Department in consultation with the Building Regulations Advisory Body (BRAB).

I expect to publish a draft revised Part E and TGD-E for a three-month public consultation process later this year. It will be open to all interested parties to make submissions to my Department on the draft proposals during that time. A revised Part E and TGD-E will then be finalised by my Department following detailed consideration of all submissions received.

Phil Hogan

Question:

161 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if he has received correspondence from a person (details supplied) relating to building and fire regulations; if he will outline the response to the matters raised; and if he will make a statement on the matter. [23659/10]

A copy of the correspondence referred to was received in my Department on 21 May 2010.

Under the Building Control Act 1990, responsibility for compliance with the Building Regulations is a matter for the owner or builder of a building. Enforcement of the building regulations is the responsibility of the 37 local building control authorities. The authorities are empowered to carry out inspections and initiate enforcement proceedings, where considered necessary.

My Department understands from Westmeath County Council that enforcement action in regard to the development has been ongoing since 2006 on issues of non-compliance with the Building Regulations and that the matter is currently before the Courts.

Removal of Graffiti

Charlie O'Connor

Question:

162 Deputy Charlie O’Connor asked the Minister for the Environment, Heritage and Local Government if he will make additional resources available to South Dublin County Council to allow for the effective removal of graffiti along the Luas line at a location (details supplied). [23661/10]

Management and enforcement responses to litter problems, including defacement by graffiti, are a primary responsibility of each local authority to be met from their existing resources. My Department also provides anti-litter and anti-graffiti awareness grants to local authorities to encourage long-term behavioural change in this regard.

It is a matter for each local authority, in this case South Dublin County Council, to ensure that their functional area is, as far as practicable, kept free of litter, including graffiti. I am satisfied that local authorities have adequate powers under the Litter Pollution Acts 1997 to 2009 to tackle the problem of graffiti and adequate resources to discharge their responsibilities. Sections 19 and 20 of the 1997 Act empower local authorities to take action in relation to graffiti and, as necessary, to remove or otherwise remedy the defacement. Each local authority must determine the level of expenditure on individual local services as part of its annual estimates process and prioritise its resources accordingly.

Building Control Act

Chris Andrews

Question:

163 Deputy Chris Andrews asked the Minister for the Environment, Heritage and Local Government if he is considering the inclusion of a grandfather clause in the Building Control Act 2007, to counter the unintended impact that the implementation of Part 3 of the Act may have on some professionals in the area. [23705/10]

Section 14 of the Building Control Act 2007 sets out the eligibility criteria for registration in the statutory register of architects. It includes a category of persons who have been who have been assessed as eligible for registration by the Technical Assessment Board in accordance with the practical experience assessment procedure viz. practising architecture for a minimum period of 10 years in the State.

The Royal Institute of the Architects of Ireland (RIAI), which is designated as registration body for Architects under the Building Control Act 2007, has established an Admissions Board and a Technical Assessment Board so that the registration process may commence in the near future. The RIAI has appointed architects to the boards and I have appointed the Chairpersons and non-architect majority to both boards. Section 22 sets out the procedures for the operation of the Technical Assessment Board.

The Act provides for an appeal against a decision of the Technical Assessment Board to an Appeals Board which will be appointed shortly. The Appeals Board will also have an independent Chairperson and a majority of lay members. There is ultimately an appeal to the High Court against a decision of the Appeals Board or any other Board or Committee.

Once statutory registration has formally commenced it will be an offence under sections 18 (1)(a) and 18(1)(d) of the Act to use the title of "Architect" unless registered on the statutory register. However, those sections will not apply

(i) where a person has applied for registration to either the Admissions Board or the Technical Assessment Board and where a decision has not been made on the application;

(ii) where a decision is awaited on an appeal to the Appeals Board against a decision of either Board referred to, or

(iii) where a decision is awaited on an appeal to the High Court against a decision of the Appeals Board, subject to the requirement that the application for registration to the Admissions Board or the Technical Assessment Board, or the appeal to either the Appeals Board or the High Court, has not been withdrawn.

Water and Sewerage Schemes

Dinny McGinley

Question:

164 Deputy Dinny McGinley asked the Minister for the Environment, Heritage and Local Government the position regarding a proposed sewerage scheme for an area (details supplied) in County Donegal; and if he will make a statement on the matter. [23738/10]

The Gweedore Sewerage Scheme is included as a scheme to start construction under the Water Services Investment Programme 2010 — 2012, a copy of which is available in the Oireachtas Library.

My Department is currently examining Donegal County Council's Design Review Report and a decision will be conveyed to the Council as soon as possible.

Ciaran Lynch

Question:

165 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government if he had any investigation made into irregularities regarding the disposal of sludge from waste water treatment plants by a company (details supplied) for Longford County Council in the past five years; the progress that has been made in any such investigation; and if he will make a statement on the matter. [23822/10]

Ciaran Lynch

Question:

166 Deputy Ciarán Lynch asked the Minister for the Environment, Heritage and Local Government if he will confirm the illegal disposal of sludge from waste water treatment plants in County Meath by a company (details supplied); and if he will make a statement on the matter. [23823/10]

I propose to take Questions Nos. 165 and 166 together.

My Department has not received any complaints in relation to the disposal of sludge from waste water treatment plants by the company in question. Where such a complaint arises, it would be a matter for the relevant local authority or the Environmental Protection Agency, as appropriate, to investigate.

Following enquiries by my Department, I understand that Meath County Council received an anonymous complaint in relation to the company in question, and the Council satisfied itself, an investigation, that the material in question, the subject of the complaint, was properly stored and addressed. I understand that no complaint has been received by Longford County Council.

Energy Resources

Ciaran Lynch

Question:

167 Deputy Ciarán Lynch asked the Minister for Communications, Energy and Natural Resources if his approval was required before a company (details supplied) with no prior experience in the area of biofuels, was awarded excise relief on 42.15 million litres of bioethanol under the Mineral Oil Tax Relief Scheme II; the quantity of bioethanol that has been produced by the company in the period 2006-2010; and if he will make a statement on the matter. [23820/10]

In Budget 2006 a further package of excise relief on biofuels valued at over €200 million over a five year period was approved by the Minister for Finance. The Biofuel Mineral Oil Tax Relief (MOTR) Scheme II was advertised by my Department as a competitive call for proposals open to anyone who could fulfil the criteria for the scheme. An assessment panel was established to review the applications comprising officials from my Department, the Sustainable Energy Authority of Ireland and Enterprise Ireland. Each application was marked individually in accordance with the evaluation criteria outlined in the Guidance Notes provided to all applicants for the Scheme. The final scores were then listed and the assessment panel awarded mineral oil tax relief to the highest scoring in each category, followed then by the second highest scoring and so forth. My Department was required to make recommendations based on this process, to the Minister for Finance in relation to biofuels projects to be approved for excise relief under the scheme.

Individual amounts of biofuel produced by particular companies under the scheme is deemed to be commercially sensitive information. Biofuel production figures under the scheme are given out on the basis of either a general overall production figure or an overall production figure per category and are available on my Department's website.

Alternative Energy Projects

Simon Coveney

Question:

168 Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources the rational of paying energy suppliers a REFIT balancing payment for supplying electrifying source from renewable energy generation; and his approach to the REFIT balancing payment of future grid connections under gate 3. [23674/10]

Under the terms of the Renewable Energy Feed-in-Tariff scheme (REFIT), a new renewable generator accepted into REFIT must enter into a power purchase agreement (PPA) with a supply company. Under the terms of the PPA, the supply company agrees to purchase RES-E from the new generating station at a fixed price irrespective of the supply company's commercial concerns about the alternative open market price at any particular time. These fixed 15 year power purchase agreements are considered necessary to secure financing for new renewable generating projects.

The balancing payment was introduced as a compensation mechanism for supply companies participating in REFIT to defray the additional cost to suppliers of participation in the scheme. The Department is currently reviewing the REFIT scheme in the context of the State aid application for extension of the Scheme. As part of the review, the Department will be considering in consultation with the Commission for Energy Regulation, how the balancing payment to suppliers is to be treated going forward.

Bernard J. Durkan

Question:

169 Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the number and locations of wind farms proposed by public or private enterprise on a county basis; the potential generation capacity; if fully approved by way of planning permission and or access to the national grid; the timescale for conclusion; and if he will make a statement on the matter. [23793/10]

There is currently 1379 MW of wind generation capacity connected to the grid. This includes over 100 wind farms. Information on the wind farms that are currently connected to the grid is available on the EirGrid website.

Information is provided on the number of wind farms awaiting approval for access to the grid and the breakdown by county on the EirGrid website.

In terms of progress in recent years, further information on those contracted to connect to the grid and their target connection date is available on the EirGrid website.

Supervision of the grid connection process and settlement of any disputes arising is vested in the Commission for Energy Regulation (CER). The CER has operated a group approach to connecting renewable projects to the national grid, which is designed to streamline the connection process in the interests of efficiency and cost effectiveness for developers. There is 3900MW of renewable generation included in the latest group processing approach, ‘Gate 3'. To date, the CER has not required evidence of planning permission to be provided prior to determining that a project will receive a grid connection offer.

Pat Breen

Question:

170 Deputy Pat Breen asked the Minister for Communications, Energy and Natural Resources further to his announcement of the REFIT price for co-firing of miscanthus and other biomass, when this REFIT price will be implemented; and if he will make a statement on the matter. [23824/10]

The recently announced Renewable Energy Feed In Tariffs (REFIT) for biomass technologies will assist the development of a sustainable biomass supply sector in Ireland. They will ensure that there is a ready demand for biomass and will build on the measures already in place including the REHEAT programme and the Energy Crop grant schemes run by the Department of Agriculture, Fisheries and Food. The support tariffs will require State Aid clearance from the European Commission before they can be implemented. Their announcement sends a clear signal to the market at this point and my Department will progress the State Aid clearance over the coming months.

Grant Payments

Tom Hayes

Question:

171 Deputy Tom Hayes asked the Minister for Agriculture, Fisheries and Food when farm payments will issue to a person (details supplied) in County Tipperary in regard to land which is subject to dispute; and if he will make a statement on the matter. [23548/10]

An application under the 2009 Single Payment Scheme was received from the person named on 15 May 2009. Following initial processing of the application, it was found that another applicant had also claimed one of the land parcels claimed by the person named. In keeping with standard procedures, both parties concerned were written to, in order to establish which of them had the right to claim the parcel in question. Both applicants have replied stating their entitlement to claim the disputed parcel. Pending clarification as to which claimant had the use of the land parcel in question, the file of the person named cannot be further processed. In this regard I will arrange for an official of my Department to inspect the land in question to establish entitlement.

Departmental Bodies

Joe McHugh

Question:

172 Deputy Joe McHugh asked the Minister for Agriculture, Fisheries and Food his plans for the provision of agricultural services in County Donegal in the context of his indication that Donegal town and Letterkenny AES offices will be closed; his views on whether that the proposed one-stop shop at Raphoe will meet the needs of the county’s farming industry; if he is satisfied that the Raphoe premises will facilitate the county’s agricultural staff in terms of physical office space; if he is further satisfied that the premises has sufficient car parking space and other relevant ancillary services; his further views on whether agricultural services will continue to be provided promptly under the new system; and if he will make a statement on the matter. [23549/10]

I am satisfied that the reorganisation of local offices in Donegal will provide a fully comprehensive service to the farming community and to the wider agri-food sector and that suitable office and related facilities will be provided at the level necessary to meet the requirements of the new regional office.

Rural Environment Protection Scheme

John O'Donoghue

Question:

173 Deputy John O’Donoghue asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Kerry will receive their REP scheme payment for 2008. [23654/10]

Payment for 2008 issued to the person named in February 2008. Payment for 2009 is at an advanced stage of processing and should issue shortly.

Michael Moynihan

Question:

174 Deputy Michael Moynihan asked the Minister for Agriculture, Fisheries and Food the position regarding the penalty applied to the REP scheme payment in respect of a person (details supplied) in County Cork. [23787/10]

The person named appealed the penalty in question. The Department examined the case and informed her by letter dated 18 May 2010 that the appeal was unsuccessful. The Department has informed the person named of her right to appeal this decision to the Agriculture Appeals Office.

Irish Horseracing Industry

Michael Creed

Question:

175 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when his attention was drawn to corporate governance issues at the Irish National Stud; the way in which his attention was drawn to any issues; if he will outline the specific breaches of corporate governance practices with which he has concerns; and if he will make a statement on the matter. [23835/10]

Michael Creed

Question:

179 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the date he first requested that the chairperson of the board of the Irish National Stud furnish him with a report on allegations of misconduct and mismanagement at the stud; if he will make this report from the chairperson publicly available; and if he will make a statement on the matter. [23839/10]

I propose to answer Questions Nos. 175 and 179 together.

In accordance with the provisions of the Code of Practice for the Governance of State Bodies, I received assurances annually from the Chairman of the Irish National Stud Company Limited that the Code was being adhered to. Arising from a newspaper article dated 18 September 2009, I wrote to the Chairman of the Irish National Stud Company Ltd. on that date seeking a full report on the matters raised in the article. I also wrote to the Chairman on 13 January 2010 in relation to certain other allegations which were made known to me. As the information contained in the reports provided to me may be the subject of legal proceedings and may contain commercially sensitive information, I am not in a position to make these reports publicly available.

Michael Creed

Question:

176 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if he is satisfied that the board and chairperson of the Irish National Stud complied with the published cost of practice for the governance of state bodies; if the chairperson supplied his Department with a comprehensive annual report as stipulated in the code of practice; and if he will make a statement on the matter. [23836/10]

In accordance with the provisions of the Code of Practice for the Governance of State Bodies, I received reports annually from the Chairman of the Irish National Stud Company limited, including assurances that the Code was being complied with. My Department monitors compliance of the Irish National Stud Company Limited with the terms of the Code of Practice. Specifically, my Department ensures that the annual report and audited annual accounts are submitted in a timely manner and, following presentation to Government, are laid before the Houses of the Oireachtas. It also ensures that the Chairman's annual statement of assurance contains the required information as set out in the Code. It is important to distinguish between the role of the Board, in meeting the requirements of the Code, and those of the Department, in monitoring compliance with the terms of the Code. It is not the responsibility of the Department to have in place a parallel system of management to that of the Board.

Michael Creed

Question:

177 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when he first received the Flood report; when his attention was drawn to the existence of the Flood report; the way in which his attention was drawn to same; if he has read the report to date; when he read the report; and if he will make a statement on the matter. [23837/10]

I did not receive a copy of the report referred to by the Deputy. I was informed on 29 January 2010 by the Chairman of the Irish National Stud Company Limited of the engagement by the Company of an independent party in relation to human resources matters. Human resources issues arising in the Irish National Stud Company Limited are matters for the Board of the Company.

Michael Creed

Question:

178 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if he has traditionally maintained either an official or unofficial representative on the board of the Irish National Stud; if there was a person on the board who was specifically tasked with reporting to him; the parameters of any reporting procedure that was in place in that context; and if he will make a statement on the matter. [23838/10]

In accordance with the legislation establishing the Irish National Stud Company Limited, the Minister for Agriculture, Fisheries and Food makes appointments to the Board of the Company having consulted with the Minister for Finance. The Directors are required to perform their tasks in accordance with Company law. I have made two appointments to date. The Chairman of the Board reports to the Minister for Agriculture, Fisheries and Food. Specifically, in accordance with the provisions of the Code of Practice for the Governance of State Bodies, the Chairman is required to submit an annual report, annual audited accounts and assurances that the Code was being complied with.

Question No. 179 answered with Question No. 175.

Michael Creed

Question:

180 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when he expects to receive a report on the financial position of the Irish National Stud; if he has received this report to date; if this report will provide any further detail on the alleged failings in the area of corporate governance of the Irish National Stud; and if he will make a statement on the matter. [23840/10]

My Department has on-going contact with the Irish National Stud Company Limited regarding its financial performance. In addition, in response to a specific request by me, the newly appointed Chief Executive Officer of the Company is preparing a report for submission by the Board to me on the manner in which the Board proposes to address the financial position of the Company.

Michael Creed

Question:

181 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if, in view of the alleged corporate governance failings of the Irish National Stud, he has requested an independent investigation into these matters; and if he will make a statement on the matter. [23841/10]

In accordance with the Code of Practice for the Governance of State Bodies, I received annual assurances from the Chairman of the Irish National Stud Company Limited confirming the Company complies with the Code.

I have also received separate assurances from the Chairman in response to specific enquiries arising from certain allegations made in relation to the Irish National Stud Company Limited.

Furthermore, I am awaiting a report which is being prepared by the newly appointed Chief Executive Officer of the Company on the manner in which the current financial position of the Company will be addressed by the Board. I have asked for a report from the National Stud on its financial situation and I am awaiting that report.

FÁS Training Programmes

Finian McGrath

Question:

182 Deputy Finian McGrath asked the Tánaiste and Minister for Education and Skills if she will support the case of a person (details supplied) in Dublin 17. [23779/10]

The individual referred to by the Deputy should, in the first instance, contact his nearest FÁS office with a view to registering and speaking to an Employment Services Officer who will be pleased to advise him about his training options and how FÁS might assist in this regard.

Schools Building Projects

Liz McManus

Question:

183 Deputy Liz McManus asked the Tánaiste and Minister for Education and Skills her plans to provide a permanent school building for a school (details supplied) in County Wicklow in view of the fact that this school first opened 14 years ago and has been located in three different locations to date; the building strategy plan for this school in order that they may plan for the future; the position regarding this school; and if she will make a statement on the matter. [23560/10]

My Department met with the landlord on behalf of the school to which the Deputy refers in relation to extending the Board of Management's lease with the landlord on its existing site. It recently wrote to the Board of Management with details of the outcome of this meeting which will see the school remaining on the site in the medium term.

The long term plan for the school will involve the acquisition of a suitable site. My Department will be progressing this issue in the context of its School Building and Modernisation Programme.

Institutes of Technology

Charlie O'Connor

Question:

184 Deputy Charlie O’Connor asked the Tánaiste and Minister for Education and Skills the contacts she has had with the Institute of Technology Tallaght, Dublin 24, in respect of the proposed public private partnership development; if she will give assurances on the matter; and if she will make a statement on the matter. [23662/10]

The proposed development at the Institute of Technology Tallaght consisting of a new Tourism, Hospitality and Catering Building, Multi Purpose Centre and New Engineering Building were approved for inclusion in the 2nd Bundle of Third Level Projects to be procured via Public Private Partnership.

This bundle is in the pre procurement stage. Detailed output specifications and Public Sector Benchmark (PSB) are being finalised and outline planning permission has been received in respect of the projects. The Institute of Technology have been involved in the preparation and sign off of documentation in relation to the pre procurement stage.

The Institute is aware that following completion of the pre procurement process, the Bundle will be ready for hand-over to the National Development Finance Agency (NDFA) for procurement.

The indicative timeframe for the delivery of a PPP Bundle currently stands at approximately 4 years from the date the Bundle is announced.

Skill Shortages

Seymour Crawford

Question:

185 Deputy Seymour Crawford asked the Tánaiste and Minister for Education and Skills if her attention has been drawn to the lack of skilled workers available for many manufacturing industries such as food and engineering; the way she proposes to deal with this in view of the fact that the current structures have failed; and if she will make a statement on the matter. [23664/10]

The National Skills Bulletin identifies skill shortages in the economy each year. Given the sharp rise in unemployment, there is an excess supply of labour in Ireland at present. As a result, no significant labour shortages have been identified in 2010. However, the incidence of skills shortages is very low. These relate to a small number of posts and are confined to specialists within an occupation (e.g. electrical engineers with an expertise in high voltage grids), senior positions (e.g. senior software developer), niche areas (e.g. telesales with Nordic languages) and a specific skill mix (e.g. ICT and business).

In terms of the skills requirements that will be needed in the future, the Department's policies will continue to be guided, inter alia, by the Expert Group on Future Skills Needs which reports regularly to the Minister for Education and Skills.

Departmental Staff

Joan Burton

Question:

186 Deputy Joan Burton asked the Tánaiste and Minister for Education and Skills the number of school inspectors that are employed by her Department at the end of each year since 2002 by primary school and secondary school; the number of school inspectors that were employed by her Department at the end of each year since 2002 by primary school and secondary school; the number of school inspectors that retired in each year since 2002 by primary school and secondary school; and if she will make a statement on the matter. [23684/10]

The information sought by the Deputy in relation to numbers in the Inspectorate and the number of inspectors that retired since 2002 is contained in the following tabular statement. I would like to point out to the Deputy that the Inspectorate operates under a unified management structure rather than individual management structures for both primary and Post Primary Inspectors.

Staffing in the Inspectorate

Grade

31/12/2002

31/12/2003

31/12/2004

31/12/2005

31/12/2006

31/12/2007

31/12/2008

31/12/2009

Chief Inspector

1

1

1

1

1

1

1

0

Deputy Chief Inspector

2

2

2

2

2

2

1

1

Assistant Chief Inspector

10

11

11

11

11

11

11

7

Post Primary Inspector

39

28

40

41

44

36

30

31

Senior Inspector (Post Primary)

32

9

17

20

20

34

36

32

District Inspector (Primary)

44

43

40

31

35

46

35

33

Divisional Inspector (Primary)

33

34

37

38

38

36

40

29

Total

161

128

148

144

151

166

154

133

Retirements in the Inspectorate

Grade

2002

2003

2004

2005

2006

2007

2008

2009

Chief Inspector

1

Deputy Chief Inspector

1

Assistant Chief Inspector

1

1

1

1

1

3

Senior Inspector (Post Primary)

3

1

1

2

1

3

Post Primary Inspector

1

2

1

1

2

Divisional Inspector (Primary)

3

2

3

7

2

1

1

12

District Inspector (Primary)

1

1

2

Total

8

4

7

10

5

2

5

22

Ministerial Responsibilities

David Stanton

Question:

187 Deputy David Stanton asked the Tánaiste and Minister for Education and Skills the number of delegation of ministerial functions orders in her Department; when these orders came into effect; the functions delegated under each order; and if she will make a statement on the matter. [23769/10]

The relevant delegation orders required on foot of my appointment to the Department and its change of functions are currently being drafted.

Schools Recognition

Bernard J. Durkan

Question:

188 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Education and Skills her views on the number of additional second level schools that are required for Lucan, County Dublin, based on the demographics and population growth in the area; and if she will make a statement on the matter. [23808/10]

Bernard J. Durkan

Question:

191 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Education and Skills when her Departments review of patronage issues for second level schools will be completed; when she expects to make a decision regarding patronage of a new second level school for Lucan, County Dublin; and if she will make a statement on the matter. [23811/10]

I propose to take Questions Nos. 188 and 191 together.

Forward Planning Section of my Department is analysing demographic trends and the impact for school infrastructure provision on an ongoing basis. Based on this analysis of current demographic trends it is anticipated that there will be a need for a further post-primary school in the Lucan area in the medium term. More detailed analysis will be required in order to determine an optimum date for the commencement of that school.

In the interim, my Department has increased post-primary school capacity in the Lucan area with the provision of recently completed building projects. This includes the opening of a new post-primary school in Adamstown in September 2009 which has capacity to cater for up to 1,000 pupils. These recently completed projects, in addition to currently planned extension projects, will assist in reducing pressure for pupil places in the short to medium term while the process of advancing the project for a new school continues.

I have previously stated that given the changing nature of Irish society and the projected need for a number of post-primary schools to open in the medium term, the Department is considering a number of broad policy issues regarding the establishment of new post-primary schools. As part of this, consideration is being given to the setting up of a new framework in relation to the establishment of new second-level schools and their patronage. New schools where only very initial planning has taken place, such as the case of the proposed new school in Lucan referred to by the Deputy, will be considered in the context of this framework when it is established.

It is my intention to finalise this matter and convey a decision to all relevant parties at the earliest date possible.

Site Acquisitions

Bernard J. Durkan

Question:

189 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Education and Skills when a site will be allocated for a school (details supplied) in County Dublin; and if she will make a statement on the matter. [23809/10]

I wish to advise the Deputy that my officials are liaising with the Local Authority on the matter. Due to the commercial sensitivities pertaining to the acquisition of school sites generally, it is not possible for me to comment further at this time.

Bernard J. Durkan

Question:

190 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Education and Skills when a site will be allocated for a school (details supplied) in County Dublin; and if she will make a statement on the matter. [23810/10]

I wish to advise the Deputy that the OPW has been instructed to negotiate the acquisition of a site for the school in question. My officials are in ongoing liaison with the OPW on the matter.

Due to commercial sensitivities attaching to site acquisitions generally, I am not in a position to comment further at this time.

Question No. 191 answered with Question No. 188.
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