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Dáil Éireann debate -
Tuesday, 15 Jun 2010

Vol. 712 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 85, inclusive, resubmitted.

Statutory Instruments

Caoimhghín Ó Caoláin

Question:

86 Deputy Caoimhghín Ó Caoláin asked the Taoiseach if he has exercised his powers under the Statistics Act 1993, including his power under section 25; and if he will make a statement on the matter. [25096/10]

Under Section 25 of the Statistics Act 1993 the following Statutory Instruments are currently in force:

Statutory Instruments Currently in Force

S.I. No. 774 of 2005: European Communities (Statistical Classification of Building and Construction Activities) Regulations 2005

S.I. No. 909 of 2005: Statistics (Business Registers) Order 2005

S.I. No. 247 of 2006: (European Communities (Statistics) (Business Accounts Surveys) Regulations 2006

S.I. No. 248 of 2006 Statistics (Business Accounts Surveys)

S.I. No. 78 of 2008: Statistics (Census of Industrial Production) Order 2008

S.I. No. 314 of 2008: Statistics (Labour Costs Surveys) Order

S.I. No. 141 of 2008: Statistics (Outward Foreign Affiliates) Order 2008

S.I. No. 77 of 2008: Statistics (Service Inquiries) Order 2008

S.I. No. 313 of 2008: Statistics (Survey of Industrial Commodities Production) Order 2008

S.I. No. 56 of 2009: European Communities (Statistics in respect of Carriage of Passengers Freight and Mail by Air) Regulations 2008

S.I. No. 115 of 2009: Statistics (Building and Construction Inquiries) Order 2009

S.I. No. 73 of 2009: Statistics (Quarterly Survey of Construction) Order 2009

S.I. No. 103 of 2009: Statistics (Services Turnover) Order 2009

S.I. No. 92 of 2010: Statistics (National Employment Survey) Order 2010

S.I. No. 91 of 2010: Statistics (Service Inquiries) (Amendment) Order 2010

S.I. No.154 of 2010: Statistics (Monthly Industrial Inquiry) Order 2010

S.I. No. 181 of 2010: Statistics (Census of Agriculture) Order 2010

S.I. No. 206 of 2010: Statistics (Balance of Payments) Order 2010

S.I. No. 207 of 2010: Statistics (Census of Population) Order 2010

Departmental Allowances

Caoimhghín Ó Caoláin

Question:

87 Deputy Caoimhghín Ó Caoláin asked the Taoiseach if his Department pays allowances to former Taoisigh to maintain personal assistants; the former Taoisigh to whom such allowances are or have been paid; the amount per annum of each allowance; the cost of the allowances in 2010; the total cost since their introduction; and if he will make a statement on the matter. [25352/10]

Caoimhghín Ó Caoláin

Question:

88 Deputy Caoimhghín Ó Caoláin asked the Taoiseach the facilities and allowances provided by his Department to former Taoisigh; the cost of same; and if he will make a statement on the matter. [25353/10]

I propose to take Questions Nos. 87 and 88 together.

Under the terms of an initiative introduced by the Department of Finance in August 2001, my Department pays the salary of secretarial assistants employed by former Taoisigh, up to the maximum of the Higher Executive Officer (standard) scale. The initiative provides that a former Taoiseach may employ two secretarial assistants for a period not exceeding five years from the date when s/he was last Taoiseach. After the five year period has elapsed only one secretarial assistant may be employed. The initiative also includes provision for purchase of computer equipment necessary for this type of service.

While there are no guidelines in relation to the type of work for which secretarial assistants are employed by former Taoisigh, I understand that they carry out a normal range of secretarial duties to support the former Taoisigh in carrying out those aspects of work associated with their former roles which remain after their period in office has ceased. However, under the initiative the secretarial assistant cannot engage in constituency or active party political work.

The table below provides details of the costs incurred in providing secretarial assistants to former Taoisigh who have availed of the scheme since its introduction.

Former Taoiseach

Cost of Scheme by Year

Mr. Charles J. Haughey

2001 : €7,806

2002 : €32,475

2003 : €32,475

2004 : €35,538

2005 : €36,984

2006 : €54,609

Dr. Garret Fitzgerald

2001 : €2,602

2002 : €32,475

2003 : €32,475

2004 : €35,538

2005 : €36,984

2006 : €38,514

2007 : €41,857

2008 : €44,965

2009 : €38,055

Mr. Albert Reynolds

2001 : €6,824

2002 : €21,737

2003 : €35,034

2004 : €42,275

2005 : €52,051

2006 : €14,794

2007 : €19,145

2008 : €49,575

2009 : €44,890

2010 : €12,365

Mr. John Bruton

2001 : €26,020

2002 : €32,475

2003 : €18,943

2004 : €35,538

2005 : €36,984

2006 : €38,514

2007 : €40,635

2008 : €11,103

2009 : €0

2010 : €1,766

Mr. Bertie Ahern

2008 : €74,983

2009 : €114,369

2010 : €41,307

My Department also provided Dr. Garret FitzGerald with the use of computer equipment to the value of €1,913 during this period.

My Department also pays in respect of the use of airport VIP facilities and mobile phones by former Taoisigh. The costs for these in 2009 were €3,871 and €5,763 respectively. Former Taoisigh are invited to major State functions, e.g. the National Day of Commemoration, the 1916 Commemoration: cost figures are not compiled in respect of this.

Decentralisation Programme

Bernard J. Durkan

Question:

89 Deputy Bernard J. Durkan asked the Minister for Enterprise, Trade and Innovation the cost incurred to date by his Department arising from the decentralisation proposals; the extent if known of any further or likely costs in this regard; and if he will make a statement on the matter. [24793/10]

In consultation with the Department of Finance and the Office of Public Works (OPW), my Department opened an advance office in Carlow on 30 July 2007 for the staff of the National Employment Rights Authority (NERA) and the Companies Registration Office (CRO). It is my understanding from the OPW, which has primary responsibility for the procurement of suitable office accommodation for the Government's Decentralisation Programme, that the fit-out costs of the advance office in Carlow were approximately €2,068,000 and that the yearly rental cost for this temporary office is in the region of €369,000.

The non-property decentralisation costs incurred from January 2004 (when the Government's Decentralisation Programme started) to end May 2010 amount to €505,323. The breakdown of the €505,323 figure into its constituent elements is as follows:

Office Machinery

171,849

Salaries & Allowances

136,980

Incidental

124,057

Consultancy

29,620

Office Premises

27,883

Travel and Subsistence

14,628

Postal & Telecom Services

306

The OPW has also acquired a site, at a cost of €1,440,000, in Carlow town centre for the construction of a permanent office there for the staff of NERA and the CRO and for other staff of my Department who were scheduled to decentralise to Carlow. The former Minister of State, Noel Ahern TD, announced on 13 December 2007 that the OPW had invited the Macquarie Partnership to be the consortium to become the ‘successful tenderer' in respect of this project. However, as the construction of the permanent office in Carlow had not started and as no contracts had been signed, the Minister for Finance decided, in December 2009 in the context of the Budget, to defer construction of the proposed permanent office for my Department in Carlow for the time being, pending an overall review of the Government's Decentralisation Programme in late 2011.

Apart from the ongoing costs associated with having NERA and CRO staff in the advance office in Carlow, it is not anticipated that there will be any further costs incurred by the OPW on behalf of my Department between now and the completion of the review of the Government's Decentralisation Programme in late 2011.

Employment Figures

Bernard J. Durkan

Question:

90 Deputy Bernard J. Durkan asked the Minister for Enterprise, Trade and Innovation the number of jobs lost or created in County Kildare in the past two and a half years; and if he will make a statement on the matter. [24794/10]

The industrial development agency figures for job gains and losses are compiled annually in the Forfás Annual Employment Survey, the most up to date of which details employment figures up until 2009. The figures are in respect of numbers of persons employed in firms assisted by IDA Ireland, Enterprise Ireland and Shannon Development, which come under the aegis of my Department. As the information is compiled on an annualised basis, the figures in respect of 2010 will not be available until 2011. Details of the agency figures for job gains and losses are set out in the following tabular statement.

Statistical information in relation to the County and City Enterprise Boards is collated on an annual basis. My Department does not collect or retain information on the number of specific job losses or gains in County and City Enterprise Board assisted companies.

However statistical information in relation to details of jobs existing in companies assisted by Kildare County Enterprise Board is set out in the following tabular statement for the two years to end 2009. Figures in respect of 2010 will be available in early 2011.

The Government through the industrial development agencies, Enterprise Ireland, IDA Ireland and Shannon Development together with the County and City Enterprise Boards, are committed to promoting County Kildare as a location of choice for investment, enterprise development and job creation.

Job Gains (Permanent Full-Time) IDA Ireland, Enterprise Ireland and Shannon Development

2008

2009

County Kildare

463

380

Job Loss (Permanent, Full-Time) In IDA Ireland, Enterprise Ireland and Shannon Development

2008

2009

County Kildare

-1,333

-2,114

Kildare County Enterprise Board

End 2008

End 2009

No. jobs existing in CEB-supported companies*

975.0

897.5

*Excluding jobs in existence prior to CEB support.

Work Permits

Bernard J. Durkan

Question:

91 Deputy Bernard J. Durkan asked the Minister for Enterprise, Trade and Innovation the extent to which persons employed on foot of work permits are free to opt for an alternative employer; the extent to which he has facilitated this; and if he will make a statement on the matter. [24796/10]

It is current Government policy to issue new work permits for highly skilled, highly paid positions or for non-EEA nationals who are already legally resident in the State on valid employment permits or where there is an officially recognised scarcity of workers of a particular type or qualification. There are no restrictions on non-EEA nationals changing employer after a period of one year and my Department already facilitates those who wish to change employers with new employment permits.

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

It is important to retain the current arrangements, which operate to protect employees, as they allow the system to trace employers who employ permit holders. I believe that the current arrangements for moving jobs are sufficiently flexible. A properly controlled employment permit system requires that permits be issued to a specific employee for a specific job with a specific employer. To do otherwise would not only risk abuse of the employment permit system but would make it much more difficult to ensure that employers observed the employment rights of employees.

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

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

Economic Competitiveness

Bernard J. Durkan

Question:

92 Deputy Bernard J. Durkan asked the Minister for Enterprise, Trade and Innovation the innovative steps he has taken to date to facilitate economic recovery; and if he will make a statement on the matter. [24797/10]

Since the onset of the global downturn, Agencies and groups associated with my Department, including Forfás, EI, IDA and the National Competitiveness Council, have examined the underlying factors affecting Ireland's competitive position and our ability to grow indigenous enterprise, as well as continue to attract mobile international investment, with a view to returning to economic growth. Specific actions to both protect jobs and create opportunities for employment in the future are set out in reports such as "Jobs and Growth 2010", the report of the High Level Action Group on Green Enterprise and the Innovation Taskforce.

Supporting jobs and promoting economic growth involve direct and indirect measures. My Department and the enterprise development agencies have a role to play in both, by directly supporting business and by ensuring that the policies pursued across Government are consistent and support our overall national objectives of promoting employment and strengthening the smart economy.

Our enterprise support policies have consistently evolved to meet the needs of both foreign direct investment (FDI) and growth–orientated indigenous firms. The enterprise agencies have a range of new schemes which have been designed in response to the economic downturn.

Enterprise Ireland launched its "Job Expansion Scheme" earlier this year. This is designed to assist Enterprise Ireland client companies achieve increased employment through increased sales and international trade, through a competitive fund. Enterprise Ireland is also providing supports to 3 programmes in a "LEAN" Initiative, which is focused on helping companies improve their processes and overall competitiveness to ensure they can compete in the global market. Enterprise Ireland is targeting the creation of 40,000 new jobs over the period 2010-2014 and through the multiplier effect this is expected to lead to an additional 28,000 jobs elsewhere in the economy.

The 35 City and County Enterprise Boards are the principal deliverers of State support to the micro-enterprise sector and, in particular, they have deepened their role in promoting a culture of entrepreneurship in their locality. I am examining the CEB network and will bring proposals to Government in the coming weeks on the best structure to support micro-enterprise.

The recently launched IDA strategy entitled "Horizon 2020" presents a view for the next decade, outlines the opportunities for Foreign Direct Investment (FDI), and sets the goals to capitalise on these opportunities. In addition to setting challenging job targets of 62,000 new jobs to be created in the medium term (2010 to 2014), which will generate an additional 43,000 jobs elsewhere in the economy, IDA aims to support this strategy by focusing on the Transformation Agenda with its client companies to allow them become leaner, more flexible and innovative; by targeting investments in new forms of FDI — partnership opportunities from the BRIC countries (Brazil, Russia, India and China); and by targeting growth prospects in nanotechnology, biotech, alternative energy and nanotechnology to name a few.

The Taoiseach has asked me to chair the High Level Implementation Committee to oversee implementation of the Report of the Innovation Task Force. This Report contained many new ideas, as well as calling for a reinforcement and better alignment of existing efforts and programmes.

I chaired the first meeting of the Implementation Committee on 1 June, where we identified the issues where we can move immediately to implementation; the need, in the first instance, to constitute and deploy expert working groups as specified by the Task Force; and the requirement for close engagement with agencies and other Government Departments to progress implementation. The Committee will meet on three more occasions in 2010; in late July, October and December.

Following this first meeting, an Intellectual Property Implementation Group, was appointed and charged with developing and realizing the intellectual property related (IP) recommendations of the Innovation Taskforce Report and of a detailed IP review conducted by Forfás for my Department. The development of an IP Strategy will help Ireland maximise the return on public investment and support the commercialisation of Irish research and development.

Since my appointment as the Minister for Enterprise, Trade and Innovation, I have met with a range of stakeholder groups, including individual companies and business people both in Ireland and abroad. In my discussions, I have underlined that my priority is to facilitate economic recovery through ensuring that the business environment is supportive of Irish enterprise, both manufacturing and services, in order to grow exports and to continue to encourage high value foreign investment. Most commentators, including the Central Bank and Economic Social and Research Institute, now forecast positive growth in the second half of this year.

Bernard J. Durkan

Question:

93 Deputy Bernard J. Durkan asked the Minister for Enterprise, Trade and Innovation the degree to which he has identified the most commonly recognised factors currently affecting the competitiveness of the economy; the degree to which he proposes to put in place the necessary corrective measures; and if he will make a statement on the matter. [24798/10]

Bernard J. Durkan

Question:

94 Deputy Bernard J. Durkan asked the Minister for Enterprise, Trade and Innovation his plans to bring job creation costs in this economy into line with competing jurisdictions; and if he will make a statement on the matter. [24799/10]

I propose to take Questions Nos. 93 and 94 together.

The National Competitiveness Council's report, "Benchmarking Ireland's Performance", provides a comprehensive assessment of Ireland's competitiveness on an annual basis.

Our competitiveness is derived from a complex set of factors, not all of which are within our control. The factors with the greatest influence on our competitiveness are costs, productivity and exchange rates with our trade and investment partners, and the overall business environment. The business environment covers areas such as regulation, infrastructure and the availability of necessary business services.

Since January 2008, Ireland has regained competitiveness as domestic inflation remains below that of our main trading partners and the euro weakened. We are seeing lower business costs, which is easing pressures on the business sector. Wage costs, asset prices and energy prices are all on a downward trend. Annual inflation fell by 2.5% in the twelve months to April, in contrast to the rest of the euro area where it rose by 1.5%. The Irish consumer price level relative to its trading partners is now back to levels last seen in 2000/2001.

The price of services to business fell by 5.7% in Q3 2009 compared to Q3 2008, with the largest price reductions in architecture, engineering and technical testing (-9.8%), and computer programming and consultancy (-8.5%). The European Commission forecast that our Unit Labour Costs will fall by 9.4% over the 2009 to 2011 period, against a projected increase of 3.5% for the Eurozone. This equates to a positive swing of 13% in Ireland's favour over the three year period to 2011.

The Government introduced an extensive package of measures to contain energy costs last summer — and this is reflected in a much improved position relative to competitors. Data released in May shows that electricity and gas prices fell for all types of energy consumers in the second half of 2009, and have moved closer to the EU average for most business users.

Competitiveness also includes boosting the total productive capacity of the economy. We are doing this, for example, through targeting R&D and Innovation to drive productivity and ensure that we have the skills and technologies available in Ireland that will give us a competitive advantage. The entire Irish economy must be a smart economy, that is to say, a high-productivity and technologically advanced economy if we are to compete with the rest of the world. The Taoiseach appointed me to Chair the group tasked with implementation of the recommendations of the Innovation task force and this met for the first time earlier this month.

We are focused on opportunities for growth in a number of key sectors. For example, the Green Enterprise report estimated that 80,000 new jobs could be created in the coming years and there are other opportunities for growth in high-end manufacturing and services. Since my appointment as the Minister for Enterprise, Trade and Innovation, I have met with a range of stakeholder groups, including individual companies and business people both in Ireland and abroad. In my discussions, I have underlined that my priority is to ensure that the business environment is supportive of Irish enterprise, both manufacturing and services, to grow exports and to continue to encourage high value foreign investment.

Employment Figures

Bernard J. Durkan

Question:

95 Deputy Bernard J. Durkan asked the Minister for Enterprise, Trade and Innovation the total net number of jobs lost or created throughout the economy in the past two and a half years; and if he will make a statement on the matter. [24800/10]

Bernard J. Durkan

Question:

96 Deputy Bernard J. Durkan asked the Minister for Enterprise, Trade and Innovation the number of new jobs created throughout the economy in the two and a half years on a county basis; and if he will make a statement on the matter. [24801/10]

Bernard J. Durkan

Question:

97 Deputy Bernard J. Durkan asked the Minister for Enterprise, Trade and Innovation the number of jobs lost throughout the economy in the past two and a half years on a county basis; and if he will make a statement on the matter. [24802/10]

I propose to take Questions Nos. 95 to 97, inclusive, together.

The only figures available to my Department are those in respect of job gains and losses in client companies of the enterprise development agencies.

The agency employment figures are compiled annually in the Forfás Annual Employment Survey, the most up to date of which details figures for jobs lost and gained up until 2009. The figures are in respect of numbers of persons employed in firms assisted by IDA Ireland, Enterprise Ireland and Shannon Development, which come under the aegis of my Department. As the information is compiled on an annualised basis, the figures in respect of 2010 will not be available until 2011. Details of the agency figures are set out in the following tabular statement.

My Department does not collect or retain information on the number of specific jobs created or lost in County and City Enterprise Board assisted companies. However statistical information in relation to details of jobs existing in companies assisted by the County and City Enterprise Boards is set out in the following tabular statement for the two years to end 2009. Figures in respect of 2010 will be available in early 2011.

Job Gains and Loss (Permanent Full-Time) IDA Ireland, Enterprise Ireland and Shannon Development in 2008 and 2009

Gains 2008

Loss 2008

Net 2008

Gains 2009

Loss 2009

Net 2009

All Regions

25,061

-31,845

-6,784

12,329

-45,593

-33,264

Carlow

302

-334

-32

73

-605

-532

Kilkenny

170

-395

-225

102

-760

-658

Tipperary South Riding

562

-418

144

288

-595

-307

Waterford

556

-1,385

-829

376

-1,969

-1,593

Wexford

487

-519

-32

319

-630

-311

Cavan

834

-393

441

91

-952

-861

Donegal

319

-504

-185

295

-772

-477

Leitrim

82

-128

-46

18

-194

-176

Louth

568

-1,071

-503

352

-1,160

-808

Monaghan

356

-1,047

-691

126

-836

-710

Sligo

167

-251

-84

139

-506

-367

Clare

801

-664

137

411

-1,467

-1,056

Limerick

814

-1,791

-977

586

-3,857

-3,271

Tipperary North Riding

97

-704

-607

9

-579

-570

Cork

3,452

-2,878

574

2,306

-5,463

-3,157

Kerry

348

-491

-143

187

-848

-661

Dublin

9,177

-10,214

-1,037

4,196

-14,297

-10,101

Galway

1,498

-1,992

-494

738

-2,266

-1,528

Mayo

377

-558

-181

300

-558

-258

Roscommon

80

-390

-310

46

-425

-379

Kildare

463

-1,333

-870

380

-2,114

-1,734

Meath

365

-673

-308

315

-909

-594

Wicklow

313

-959

-646

108

-975

-867

Laois

93

-189

-96

19

-318

-299

Longford

171

-252

-81

128

-365

-237

Offaly

719

-464

255

125

-833

-708

Westmeath

520

-645

-125

296

-1,340

-1,044

Jobs Existing in CEB-assisted Companies*

CEB

2008

2009

Carlow

924.0

843.0

Cavan

1,075.5

947.0

Clare

1,496.5

1,417.5

Cork City

892.0

770.5

Cork North

462.0

387.0

Cork South

942.5

916.0

Cork West

643.5

571.0

Donegal

1,816.5

1,688.0

Dublin City

1,811.0

1,873.0

Fingal

1,061.0

1,050.0

South Dublin

954.0

855.5

Dún Laoghaire/Rathdown

851.0

807.0

Galway

1,688.0

1,743.0

Kerry

1,089.0

1,170.5

Kildare

975.0

897.5

Kilkenny

782.5

664.0

Laois

848.5

656.0

Leitrim

368.5

300.5

Limerick City

682.5

590.5

Limerick County

890.0

842.0

Longford

787.0

745.0

Louth

1,212.5

973.5

Mayo

1,314.5

1,223.0

Meath

1,026.0

908.0

Monaghan

912.0

873.5

Offaly

792.0

593.5

Roscommon

853.5

620.0

Sligo

788.0

735.0

Tipperary NR

519.5

413.0

Tipperary SR

783.5

655.5

Waterford City

809.5

662.0

Waterford County

587.5

547.0

Westmeath

1,131.0

1,004.5

Wexford

1,252.0

1,076.0

Wicklow

789.0

707.5

Totals

33,811.0

30,726.5

*Excluding jobs in existence prior to CEB support.

Redundancy Payments

David Stanton

Question:

98 Deputy David Stanton asked the Minister for Enterprise, Trade and Innovation when payment will be awarded in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [25072/10]

I am pleased to advise the Deputy that the statutory redundancy lump sum application for the individual was authorised for payment on 31 May, 2010. Payment of the amount due to the individual is expected to issue shortly.

Research Funding

Michael McGrath

Question:

99 Deputy Michael McGrath asked the Minister for Enterprise, Trade and Innovation the position regarding an application for research funding (details supplied). [25118/10]

Following the Taoiseach's announcement in Dáil Éireann on March 23rd 2010 regarding the transfer of various Departmental functions, responsibility for the Programme for Research in Third Level Institutions (PRTLI) has now moved from the Department of Education and Skills to my Department.

A comprehensive assessment process for PRTLI Cycle 5 was undertaken by an international panel and this panel has completed its work. I expect to make an announcement shortly following confirmation of overall funding allocations for my Department.

Redundancy Payments

Denis Naughten

Question:

100 Deputy Denis Naughten asked the Minister for Enterprise, Trade and Innovation further to Parliamentary Question No. 94 of 29 April, 2010 when a redundancy payment will be awarded to the person; and if he will make a statement on the matter. [25154/10]

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

As I informed the Deputy in my answer of 29 April 2010 my Department received a lump sum claim for the individual concerned on 11 January, 2010. In the course of processing the claim, a query was raised with the employer. I understand that this has been resolved in recent days and that the claim has now been authorised for payment. Payment is expected to issue in the next two to three week period.

Departmental Staff

Leo Varadkar

Question:

101 Deputy Leo Varadkar asked the Minister for Enterprise, Trade and Innovation if he will provide a list of all members of staff of his Department and offices stating the total amount paid to each person in 2009 including basic salary, allowances and overtime. [25191/10]

Information on salary, allowance and overtime payments to named individuals working for a named employer constitutes "personal data" for the purposes of the Data Protection Acts as the individuals concerned are or can be identified from the data.

Such data in respect of staff of the Department of Enterprise, Trade and Innovation is held for the purposes of paying appropriate levels of salary, and where applicable, allowance and overtime, to them. The Department, as a "data controller" for the purposes of the Data Protection Acts, is required to comply with those Acts. Section 2 of the Data Protection Act 1988, as amended, requires data controllers to ensure appropriate security measures against, among other things, unauthorised disclosure of the data. Consequently, other than as required by law (i.e. to the Revenue Commissioners), the Department does not disclose salary etc. details of any individual member of staff unless explicitly authorised to do so by that member of staff.

However, I can advise the Deputy that in 2009 expenditure by my Department on salaries, allowances and overtime was as shown in the table below. These expenditure figures relate to the staff of the Department and its offices (1,074.93 FTE at 1 January 2009) plus staff employed directly by the National Consumer Agency (NCA) who are not members of Department's staff but for whom the Department provides a payroll facility.

Number of staff at 01.01.2009

(1) Total Salary Payments in 2009

(2) Total Allowance Payments in 2009

(3) Total Overtime Payments in 2009

Total of (1), (2) and (3)

Full time Equivalent (FTE)

1,074.93

52,757, 916

1,348,581

834,937

54,941,434

Redundancy Payments

Tom Hayes

Question:

102 Deputy Tom Hayes asked the Minister for Enterprise, Trade and Innovation when redundancy payment will issue to a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [25225/10]

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

I can confirm that my Department received a lump sum claim for the individual concerned on 4 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 October 2009.

In relation to Redundancy claims, 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:

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

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

establishment of aspecial 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 theoffset 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. In the period 1 January 2010 to 31 May 2010 new claims amounted to 28,587 — a fall off of almost 20% on the corresponding 5 month period in 2009 when 35,559 new claims were lodged. The reduction in incoming claims is most welcome. Inroads are being made in the backlog of claims reducing from 42,591 in December 2009 to a current level of 34,881 at end May 2010. In the first five months 34,036 claims were processed, up 130% on the same period last year.

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.

Finian McGrath

Question:

103 Deputy Finian McGrath asked the Minister for Enterprise, Trade and Innovation if he will support the case of a person (details supplied). [25240/10]

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

I wish to advise the Deputy that on the basis of valid claims entered in the Redundancy Payments System in my Department, there is no record of a redundancy claim having been received in respect of the individual in question. Application should be submitted to my Department on an RP50 form completed and signed as appropriate by the employer and the employee. This form can be completed online or downloaded from the Department's website at www.entemp.ie. In the case of forms submitted online, it is necessary also to submit a signed hardcopy of the form. Claims are not imported onto the Redundancy Payments System until a signed copy is received.

It is also my Department's practice not to enter incomplete claims on the system as these claims cannot be processed until the necessary documentation is submitted. Forms are returned to allow missing details and/or supporting documentation to be submitted. The documentation required in support of lump sum claims is set out on my Department's website at www.entemp.ie. Submission of correctly completed Redundancy claim forms (RP50s) with all of the required documentation greatly facilitates the processing of claims.

The documentation required in support of lump sum claims is evidence of the employer's inability to pay the redundancy entitlements to the employees. This involves requesting a statement from the company's Accountant or Solicitor attesting to the inadequacy of assets to make the redundancy payments and the latest set of financial accounts for the company. The employer is also asked to admit liability for the 40% liability attaching to the company arising from the redundancy payments.

If this information is provided to the Department, the employees are paid their redundancy entitlement from the Social Insurance Fund. Upon payment, the Department pursues the company for the 40% share that the company would ordinarily have been expected to pay to the employees.

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

Industrial Development

Michael Creed

Question:

104 Deputy Michael Creed asked the Minister for Enterprise, Trade and Innovation the number of visits organised by the Industrial Development Authority of visiting industrialists to County Cork since January 2009; the way the sites visited were selected; the outcome of each of these site visits; and if he will make a statement on the matter. [25263/10]

I have been informed by IDA Ireland that from the beginning of January 2009 to the end of May 2010 there have been a total of 51 site visits to County Cork (including the City).

Typically, a company is shown three or four selected towns, which can meet its requirements for skills, labour, site and/or buildings and infrastructure. In selecting locations to show companies, IDA Ireland seeks to include locations which have been affected by closures/job losses and also gives priority to the Border, Midlands and West regions.

It is not possible to indicate the outcome of these particular site visits because it is often the case, following such visits, that a considerable number of meetings and discussions take place between the potential investor and IDA Ireland before the company makes a final decision on location.

While IDA Ireland seeks to influence the selection of location, the final decision on both visits and final location is taken, in all cases, by the promoting company.

Redundancy Payments

Joe Carey

Question:

105 Deputy Joe Carey asked the Minister for Enterprise, Trade and Innovation if he will expedite the redundancy payment in respect of a person (details supplied) in County Clare; when payment will be made; and if he will make a statement on the matter. [25329/10]

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

I can confirm that my Department received a statutory lump sum claim for the individual concerned on 28 May, 2010 claiming inability to pay on behalf of the employer. In respect of lump sum payments paid directly to employees in instances where employers are unable to pay the statutory redundancy entitlements, the Section is, in general, processing claims dating also from October 2009.

In relation to Redundancy claims, 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:

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

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

establishment of aspecial 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 theoffset 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. In the period 1 January 2010 to 31 May 2010 new claims amounted to 28,587 — a fall off of almost 20% on the corresponding 5 month period in 2009 when 35,559 new claims were lodged. The reduction in incoming claims is most welcome and while inroads are being made in the backlog of claims, it remains at an unsustainably high level — reducing from 42,591 in December 2009 to a current level of 34,881 at end May 2010. In the first five months 34,036 claims were processed, up 130% on the same period last year.

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.

Grocery Industry

Jimmy Deenihan

Question:

106 Deputy Jimmy Deenihan asked the Minister for Enterprise, Trade and Innovation his plans to introduce a code of practice which will protect smaller grocer outlets from aggressive low pricing by large retailers; and if he will make a statement on the matter. [25336/10]

The Renewed Programme for Government contains a specific commitment to "implement a Code of Practice for doing business in the Grocery Goods sector to develop a fair trading relationship between retailers and their suppliers" and "to review progress of the Code and if necessary to put in place a mandatory code". The introduction of a Code is intended to ensure that there is a fair balance in the relationships between the various stakeholders in the grocery goods sector. The Code is not intended to protect one stakeholder over another nor is the Code intended to prevent stakeholders such as retailers and suppliers from engaging in robust contractual negotiations as happens in most other sectors of the economy.

The Government will give effect to this commitment by including a specific provision in the legislation, currently being prepared to merge the National Consumer Agency and the Competition Authority, which will allow for the introduction of a statutory Code of Conduct in the grocery goods sector. I expect to publish this legislation later this year.

In the interim period, until the legislation is enacted, the opportunity will be taken to explore with all relevant stakeholders the possibilities of agreeing a Voluntary Code. To this end I recently appointed a facilitator to engage with stakeholders in relation to the drawing up of a Voluntary Code.

The Government recognises the importance of ensuring that there is a fair balance in the relationships between the various players in the grocery goods sector, particularly given the importance of this sector to the national economy. The introduction of a Code, as provided for in the Programme for Government, is intended to achieve such a balance taking into account the interests of all stakeholders including the interests of the consumer.

Insofar as the issue of prices is concerned, Government policy has consistently favoured the promotion of competition and consumer choice as the best way of tackling high prices. Previous policies which sought to control prices by legal instruments such as maximum price control orders, as applied particularly in the 1980s, were not effective as the experience was that maximum permitted prices often became the minimum price and price inflation in that era was in double digits.

In support of the policy of promoting competition, competition law prohibits undertakings who hold a dominant position in the market from abusing that position of dominance. In this regard undertakings who engage in practices such as predatory pricing with the aim of eliminating competitors and, following such elimination to significantly raise prices, may be engaging in an abuse of dominance. Persons who have evidence of undertakings engaging in an abuse of dominance should bring that evidence to the attention of the Competition Authority in order that it may be investigated. It is important to point out, however, that predatory pricing should not be confused with competitive pricing which is the result of a properly functioning market. The purpose of competitive pricing is to retain market share whereas predatory pricing is aimed at driving efficient competitors out of the market by abusing a dominant position.

Departmental Expenditure

James Reilly

Question:

107 Deputy James Reilly asked the Minister for Enterprise, Trade and Innovation the cost of rebranding his Department from the Department of Enterprise, Trade and Employment; if he will provided a breakdown of this cost; and if he will make a statement on the matter. [25499/10]

As the Deputy is aware, the name of my Department was officially changed on 2nd May last from the Department of Enterprise, Trade and Employment to the Department of Enterprise, Trade and Innovation. The estimated costs associated with this name change are anticipated to be in the region of €10,000. This includes the costs of stationery, signage and changes to my Department's website. Every effort has been made to keep costs, which will be provided from within my Department's existing resources, to a minimum. Where possible, work associated with the name change has been undertaken in-house by the staff in my Department.

The vast majority of the tasks, associated with my Department's name change, have already been completed, and any outstanding work will be completed over the coming weeks. It is not possible to provide a breakdown of final costs for these changes at this point.

Enterprise Support Services

Richard Bruton

Question:

108 Deputy Richard Bruton asked the Minister for Enterprise, Trade and Innovation if he has considered establishing a fully serviced office and workshop infrastructure dedicated to new start up businesses (details supplied); and if he will make a statement on the matter. [25522/10]

The 35 County and City Enterprise Boards (CEBs) were set up in 1993 to provide support for micro-enterprises in the start-up and expansion phases, to promote and develop indigenous micro-enterprise potential and to stimulate economic activity and entrepreneurship at local level. The CEBs deliver a series of Programmes to underpin this role and they can provide both financial and non-financial assistance to a project promoter.

Subject to certain eligibility criteria new and developing enterprises may qualify for financial support from the CEBs in the form of Priming Grants, Business Expansion/Development Grants and Feasibility/Innovation Grants. The provision of non-financial assistance can take the form of a wide range of business advice and information services, management capability training and development programmes as well as business networks such as women-in-business networks, etc.

In order to more fully explore the range of options that may be available, potential entrepreneurs are advised to contact their local CEB to discuss their business needs with the relevant staff of the Board. Contact details for individual CEBs can be found by accessing the following website: www.enterpriseboards.ie

Employment Figures

Michael Ring

Question:

109 Deputy Michael Ring asked the Minister for Enterprise, Trade and Innovation the number of jobs created by the assistance of the Industrial Development Authority in County Mayo on a year by year basis for the past five years in tabular form; the breakdown of the jobs that were lost in County Mayo for the same period; the companies that lost or increased jobs for the past five years; and the number of people currently employed in IDA supported factories in County Mayo in tabular form. [25530/10]

Michael Ring

Question:

110 Deputy Michael Ring asked the Minister for Enterprise, Trade and Innovation the number of occasions that an agency (details supplied) has brought industrialists to visit locations in County Mayo in the past five years in tabular format. [25531/10]

Michael Ring

Question:

111 Deputy Michael Ring asked the Minister for Enterprise, Trade and Innovation the number of occasions that representatives from an agency (details supplied) have visited County Mayo in the past five years in tabular format. [25537/10]

I propose to take Questions Nos. 109 to 111, inclusive, together.

The Forfás Annual Employment Survey reports on job gains and losses in companies that are supported by the industrial development agencies. Data is compiled on an annualised basis and is aggregated at county level. Details of the number of new jobs created and jobs lost, as well as the number of people employed in IDA supported companies in Mayo, in each of the years from 2005 to 2009, is set out in the attached tabular statement.

Data is given in confidence for statistical purposes only and it is not possible to give details of the number of jobs lost in individual companies.

In the same five year period, there were a total of 13 site visits by potential investors to County Mayo. Details of the number of visits in each of those years is set out in the following tabular statement.

As regards the number of visits by IDA personnel to County Mayo in the period it is not possible to furnish such a figure. The Mayo region is looked after by IDA's Western Regional office. The Regional Manager and Regional Executive in Galway attend numerous meetings in Mayo in any given year, meeting such bodies as Mayo County Council, Mayo County Enterprise Board and various regional Chambers of Commerce. The officials also accompany potential investors on itineraries to the County. In addition, a number of IDA Project Executives, who are not based in Galway, regularly visit the various IDA supported companies based in Mayo. The region is also visited by personnel from IDA's Property Division, who have responsibility for the upkeep of the parks in the Mayo region and are also responsible for any new site development work happening in the area.

Table showing the numbers of jobs gained and lost and the total employment figures in IDA supported companies in County Mayo in each of the years 2005 to 2009.

2005

2006

2007

2008

2009

Total Permanent Employment

3,038

2,973

3,004

3,010

2,918

New Jobs created

86

37

114

132

97

Job Losses

243

102

83

126

189

Table showing the number of site visits by potential investors to Mayo in each of the years 2005 to 2009

2005

2006

2007

2008

2009

Number of site visits

2

3

4

3

1

Enterprise Support Services

Sean Sherlock

Question:

112 Deputy Seán Sherlock asked the Minister for Enterprise, Trade and Innovation the funding streams that are available to a new business enterprise in County Cork; and if he will make a statement on the matter. [25549/10]

My Department does not provide direct funding or grants to businesses but provides funding to a number of State Agencies, including the County and City Enterprise Boards (CEBs) and Enterprise Ireland, through whom assistance is delivered directly to businesses.

Subject to certain eligibility criteria new and developing micro-enterprises may qualify for financial support from the CEBs in the form of Priming, Expansion/Development and Feasibility/Innovation Grants. All of the CEBs operate to the same criteria in relation to the assistance which they can offer i.e. they can support the establishment and/or the development of enterprises provided that the projects have the capacity to achieve commercial viability and which over time may develop into strong exporting entities. The criteria under which financial assistance is available from the CEBs are based primarily on factors such as the sector of the economy in which an enterprise is operating or intends to operate and the size or proposed size of the enterprise. Support to an enterprise must not give rise to displacement of existing enterprises.

Priority is given to projects in the manufacturing and internationally traded services sectors. It is considered inappropriate to support other areas such as retail enterprises, personal services (e.g. hairdressers, gardeners, etc), professional services (accountants, solicitors, etc) lacking export potential, and construction, as it is considered that these enterprises generally give rise to unacceptable deadweight (where projects would have proceeded anyway) and/or displacement (where the projects simply displace business from other players in the market) concerns.

I would advise the company to remain in contact with their local CEB in North Cork to explore their options as their business develops as the CEBs also deliver a range of non-financial supports in the form of business advice, training and mentoring designed to improve management capability development within micro-enterprises to help new and existing enterprises to operate effectively and efficiently so as to last and grow, which may be available to the company.

Michael McGrath

Question:

113 Deputy Michael McGrath asked the Minister for Enterprise, Trade and Innovation the sources of funding available to a person who wishes to carry out market research on an idea for a new business. [25588/10]

My Department does not provide direct funding or grants to businesses but rather provides funding to a number of State Agencies, including the County and City Enterprise Boards (CEBs) through whom assistance is delivered directly to businesses.

Subject to certain eligibility criteria new and developing micro-enterprises may qualify for financial support from the CEBs in the form of Priming, Expansion/Development Grants and Feasibility/Innovation Grants. In addition, the CEBs deliver a range of non-financial supports to improve management capability development within micro-enterprises designed to help new and existing enterprises to operate effectively and efficiently so as to last and grow.

However, in order to more fully explore the range of options that may be available, potential entrepreneurs are advised to contact their local CEB to discuss their business needs with the relevant staff of the Board. Contact details for individual CEBs can be found by accessing the following website: www.enterpriseboards.ie

Work Permits

Denis Naughten

Question:

114 Deputy Denis Naughten asked the Minister for Enterprise, Trade and Innovation further to Parliamentary Question No. 157 of 9 February 2010, if he will furnish a reply to the issues raised; and if he will make a statement on the matter. [25589/10]

My Department processes applications in respect of the different types of employment permits (Green Cards Permits, Work Permits, Spousal/Dependant Permits and Intra-company Transfer Permits). All applications are processed in line with the Employment Permits Act 2006.

I set out hereunder the figures as requested by the Deputy. I apologise to the Deputy for the delay in responding but the figures requested were not readily available and necessitated a new report being created.

New employment permits issued in the last 5 years broken down by new first time permits and repeat new permits

Type of Permit

All New Permits

Repeat New Permits (employees changing employer)

First Time Permits

2009

3,899

1,453

2,446

Work Permit

2,068

1,009

1,059

Green Card

756

191

565

Intra-Company Transfer

292

2

290

Spousal/Dependent

770

251

519

Training

13

0

13

2008

8,419

2,307

6,112

Work Permit

3,541

1,468

2,073

Green Card

2,110

301

1,809

Intra-Company Transfer

419

4

415

Spousal/Dependent

2,194

534

1,660

Training

155

0

155

2007

9,914

2,473

7,441

Work Permit

4,664

1,731

2,933

Green Card

2,839

396

2,443

Intra-Company Transfer

377

0

377

Spousal/Dependent

1,907

345

1,562

Training

127

1

126

2006

7,308

2,389

4,919

Work Permit

6,315

2,201

4,114

Spousal/Dependent

993

188

805

2005

7,632

2,522

5,110

Work Permit

6,841

2,343

4,498

Spousal/Dependent

791

179

612

Note: The total figure for new permits issued may differ slightly from those already provided but our stats views give a picture at a certain point in time and some of the permits issued in previous years may have subsequently been cancelled.

Denis Naughten

Question:

115 Deputy Denis Naughten asked the Minister for Enterprise, Trade and Innovation his plans to review the work permit system; and if he will make a statement on the matter. [25686/10]

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

In early 2009, the Department undertook a review of employment permit arrangements to ensure their ongoing relevance to the needs of the Irish labour market. As an outcome of this review, more stringent eligibility criteria were implemented for prospective new entrants to the work permit schemes from 1st June 2009 onwards. The main changes to the Work Permits Scheme were:

Making more job categories ineligible for new work permits (equestrian work riders, domestic workers and HGV drivers now ineligible), and an ongoing assessment of other occupational categories regarding their continued eligibility.

No new permits for jobs carrying a salary level of less than €30,000 per annum except on an exceptional basis.

Strengthening the labour market needs test by doubling FÁS advertisement of the job vacancy from 4 weeks to 8 weeks, and national press advertisement from 3 days to 6 days.

More stringent conditions for the renewal of permits — higher fees and requirement for labour market needs test on renewal.

Spouses and dependants of new principal work permit holders, who have entered the State after 1st June 2009, having to apply for work permits in their own right and are subject to the standard eligibility criteria and fees for work permits.

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

Denis Naughten

Question:

116 Deputy Denis Naughten asked the Minister for Enterprise, Trade and Innovation his plans to review the green card system; and if he will make a statement on the matter. [25687/10]

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

In early 2009, the Department undertook a review of employment permit arrangements to ensure their ongoing relevance to the needs of the Irish labour market. As an outcome of this review, more stringent eligibility criteria were implemented for prospective new entrants to the work permit schemes from 1st June 2009 onwards.

In relation to the Green Card Scheme, some 21 occupations, mainly in financial services, were removed from the Green Card eligibility list where the salary payable for the job is in the range €30,000-€59,999 per annum. These occupations continue to be eligible for Green Cards where the salary payable to the jobholder is €60,000 or more per annum.

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

Financial Services

David Stanton

Question:

117 Deputy David Stanton asked the Minister for Finance the way that persons who hold neither a passport nor a driving licence can prove their identity; and if he will make a statement on the matter. [25076/10]

I assume that the Deputy's question relates to the obligation on financial institutions and others to identify their customers under the Anti Money Laundering provisions of the Criminal Justice Act 1994.

Section 32 of that Act requires financial institutions and others to take reasonable measures to identify their customers. Recommended procedures for the implementation of this provision are set out in Guidance Notes issued under the aegis of the Money Laundering Steering Committee which is chaired by the Department of Finance and includes representatives of financial services industry bodies, the regulatory authorities and State Agencies, including the Garda Síochána.

Identification of a customer comprises two elements. These are name verification (typically evidenced by photograph — bearing document such as passport, driving licence or other reputable source document) and address verification. Paragraph 28 of the Guidance Notes states that any measures adopted by credit institutions should not deny a person access to financial services solely on the grounds that they do not possess certain specified identification documentation. Paragraph 45 of the Guidance Notes provides for those persons who cannot reasonably be expected to produce certain forms of identification, such as a person who does not have a passport or driving licence and/or whose name and Irish address does not appear on a utility bill, electoral register or directory.

The credit institution may use either of the following methods, as an alternative to a passport/driving licence, to verify name:

Identification form with photograph signed by a member of the Gardai or

Documentation/cards issued by a Government Department showing the name of the person and

Letter/statement from a person in a position of responsibility (e.g. a solicitor, accountant, doctor, minister of religion, teacher, social worker, community employment scheme supervisor) who is in a position to confirm the person's identity to the credit institution. In such instances the person providing the letter/statement must present themselves to the relevant credit institution providing proof of their own identity and verifying their status to the credit institution.

The Deputy may be aware that the Anti Money Laundering provisions of the Criminal Justice Act 1994 will be replaced by the Criminal Justice Money Laundering and Terrorist Financing Act 2010 whose provisions are expected to be commenced shortly. The new Act requires customers to be identified on the basis of documents or information that a credit institution has reasonable grounds to believe can be relied upon to confirm the identity of the customer including documents from a Government source. This requirement will be supplemented by guidelines which will give examples of the type of documents which may be accepted for identification purposes. The range of acceptable documents under any new guidelines is likely to be broadly similar to those provided for under existing guidelines.

Drug Seizures

Charles Flanagan

Question:

118 Deputy Charles Flanagan asked the Minister for Finance if he will detail, in tabular form, the quantity and type of illegal drug seized at each of the State’s airports in 2009 and, in a separate table, to date in 2010. [25323/10]

I am informed by the Revenue Commissioners that the tables below set out the amounts of illegal drugs, together with the number of seizures and estimated value, seized by Revenue's Customs Service in 2009 and 2010 to date at airports in the State.

2009 — Drug Seizures

DUBLIN AIRPORT

DRUG TYPE

NUMBER OF SEIZURES

VOLUME (KGS)

VALUE (EURO)

AMPHETAMINE

1

0.0010

15

CANNABIS HERBAL

170

201.9914

2,423,695

CANNABIS RESIN

91

14.0169

97,014

COCAINE

26

28.2020

1,974,152

CRACK COCAINE

1

0.0440

4,400

ECSTASY

3

0.0139

233

HEROIN

1

0.0015

300

KHAT

8

47.2500

94,500

LSD

1

0.3000

10,000

MAGIC MUSHROOMS

4

0.0990

250

MESCALINE

2

7.4000

59,200

METHAMPHAMINE

1

0.0010

70

TOTAL

309

299.3207

4,663,829

CORK AIRPORT

DRUG TYPE

NUMBER OF SEIZURES

VOLUME (KGS)

VALUE (EURO)

AMPHETAMINE

3

0.0072

110

CANNABIS HERBAL

177

1.1172

11,763

CANNABIS RESIN

73

0.3801

2,558

COCAINE

2

0.8310

58,170

ECSTASY

1

0.0066

110

TOTAL

256

2.3421

72,711

SHANNON AIRPORT

DRUG TYPE

NUMBER OF SEIZURES

VOLUME (KGS)

VALUE (EURO)

AMPHETAMINE

2

1.0000

15,000

CANNABIS HERBAL

9

7.3050

87,660

CANNABIS RESIN

5

0.7720

4,704

COCAINE

3

2.1620

151,340

TOTAL

19

11.239

258,704

IRELAND WEST KNOCK AIRPORT

DRUG TYPE

NUMBER OF SEIZURES

VOLUME (KGS)

VALUE (EURO)

AMPHETAMINE

5

0.0045

153

CANNABIS HERBAL

15

0.0865

1,054

CANNABIS RESIN

5

0.025

175

ECSTASY

2

2 Tabs

10

TOTAL

27

0.116

1,392

WATERFORD

DRUG TYPE

NUMBER OF SEIZURES

VOLUME (KGS)

VALUE (EURO)

CANNABIS HERBAL

5

1.0290

12,348

TOTAL

5

1.0290

12,348

There were no drug seizures in 2009 at any other airport.

2010 — Drug Seizures

DUBLIN AIRPORT

DRUG TYPE

NUMBER OF SEIZURES

VOLUME (KGS)

VALUE (EURO)

AMPHETAMINE

1

0.0020

30

ANABOLIC STEROIDS

1

5.8805

39,200

CANNABIS HERBAL

102

1.4224

12,613

CANNABIS RESIN

45

1.3185

7,911

COCAINE

8

6.1710

431,970

HEROIN

1

0.2650

39,750

KHAT

2

43.3000

86,600

LSD

1

0.0900

3,000

MAGIC MUSHROOMS

3

0.0470

470

TOTAL

164

58.4964

621,544

CORK AIRPORT

DRUG TYPE

NUMBER OF SEIZURES

VOLUME (KGS)

VALUE (EURO)

CANNABIS HERBAL

51

9.8555

118,222

CANNABIS RESIN

14

0.0581

349

MAGIC MUSHROOMS

1

0.0150

150

TOTAL

66

9.9286

118,721

SHANNON AIRPORT

DRUG TYPE

NUMBER OF SEIZURES

VOLUME (KGS)

VALUE (EURO)

AMPHETAMINE

2

0.0070

105

CANNABIS HERBAL

7

1.2190

14,628

CANNABIS RESIN

2

0.0125

75

COCAINE

7

0.1250

8,750

TOTAL

18

1.3635

23,558

IRELAND WEST KNOCK AIRPORT

DRUG TYPE

NUMBER OF SEIZURES

VOLUME (KGS)

VALUE (EURO)

CANNABIS HERBAL

7

0.049

588

CANNABIS RESIN

2

0.004

24

TOTAL

9

0.053

612

WATERFORD

DRUG TYPE

NUMBER OF SEIZURES

VOLUME (KGS)

VALUE (EURO)

COCAINE

1

3.5000

245,000

TOTAL

1

3.5000

245,000

There were no drug seizures in 2010 to date at any other airport.

Tax Code

James Bannon

Question:

119 Deputy James Bannon asked the Minister for Finance the reason a person (details supplied) in County Longford is being taxed on his dividend; and if he will make a statement on the matter. [25034/10]

I am advised by the Revenue Commissioners that the person in question has not claimed a refund of any Dividend Withholding Tax since he last received a refund of such tax for 2006. I am also advised that his Revenue District has sent the relevant forms to him. On receipt of the completed forms, any due refunds will be processed expeditiously.

Financial Institutions Support Scheme

Joan Burton

Question:

120 Deputy Joan Burton asked the Minister for Finance the extent to which the savings of credit union members are covered by the deposit guarantee scheme; the financial contribution that the credit union movement has made to date to the coinsurance fund underpinning the deposit guarantee scheme; the financial contribution that the credit union movement is expected to make to the coinsurance fund underpinning the deposit guarantee scheme in 2010, 2011 and 2012 respectively; and if he will make a statement on the matter. [25068/10]

The Deposit Guarantee Scheme covers credit union savers for 100 per cent of their savings up to a maximum of €100,000 per institution.

With regard to the coinsurance fund, I assume that the Deputy refers to the amount maintained by credit unions in the deposit protection account at the Central Bank and Financial Services Authority of Ireland (CBFSAI) under Section 4 of the Financial Services (Deposit Guarantee Scheme) Act 2009 (the Act). This requires that credit institutions maintain an amount on deposit with the CBFSAI in the deposit protection account. The amount is prescribed by the Minister for Finance by regulations. Section 12(2) of the Act provides that Section 4 will come into operation on such day as the Minister may appoint by order. In addition, Section 7 of the Act provides that a group or groups of credit unions may, subject to the prior approval of the Minister, make an aggregate payment or payments on behalf of each credit union which is a member of such a group in satisfaction of the amount of a deposit in the deposit protection account. My Department, in consultation with the CBFSAI, is considering the amount of the deposit to be paid and the method of payment of the deposit and I will make a decision of this in the near future. I will then, as Minister for Finance, appoint the date of commencement of Section 4 of the Act for credit unions.

The amount of the deposit to be held in the deposit protection account has already been set in European Communities (Deposit Guarantee Schemes) (Amendment) Regulations 2009 at 0.2% of a financial institution's total deposits held in EU Member States. This represents a figure of €26m approx. across the credit union movement. As provided for in Section 5 of the Act, the amount of the deposit by a credit institution in the deposit protection account, after the initial calculation, shall be recalculated annually by the CBFSAI for each credit institution or class of credit institutions by reference to the returns made by them.

Joan Burton

Question:

121 Deputy Joan Burton asked the Minister for Finance the formula for calculating the guarantee fees paid by credit institutions participating in the eligible liabilities guarantee scheme; the changes that are being made to the fee structure at the request of the EU Commission; if the fee structure differentiates between credit institutions with varying credit ratings; the level of fee income expected to be derived from the ELG scheme in 2010, 2011 and 2012; if fee income from the ELG scheme is to be paid into a fund or account administered by the Central Bank; if this fee income is held on deposit or if it is invested to generate a return; and when it is envisaged that the fee income accrued is to be transferred to the Exchequer. [25069/10]

There are a number of aspects to the Deputy's questions and I will answer each individually.

The formula for calculating the guarantee fees paid under ELG is based on European Central Bank recommendations on government guarantees for bank debt dated 20 October 2008, available at http://www.ecb.int/pub/pdf/other/recommendations_on_guaranteesen.pdf .

I am aware that the European Commission has produced a staff working document on the application of State Aid rules on Government Guarantee Schemes covering bank debt to be issued after 30 June. The pricing structure outlined in the document will be taken into account in discussions between the Department and the European Commission on a possible extension of the ELG Scheme.

In line with the ECB recommendations above, the fee structure is differentiated for institutions based on their credit ratings for liabilities with a maturity of greater than one year. A flat rate fee of 50bp applies to all liabilities of less than or equal to one year.

The ELG Scheme envisages that institutions will issue unguaranteed debt, which has began to happen, and will gradually reduce their dependence on the guarantee. This makes it is difficult to estimate what fees will be received over the coming years. However on the basis of information we have to date, we have estimated that €700m will be received in 2010, €600m will be received in 2011 and €300m in 2012.

The fee income is paid into an interest bearing mandated account in the Central Bank where it is held on deposit. To date €90.5m has been received which was in respect of Q1 2010.

I have previously referred to the €1bn which will be raised under CIFS and ELG by end September 2010 and which will be transferred to the Exchequer thereafter. I am presently considering the best mechanism for receiving and holding payments under ELG after September.

Proposed Legislation

James Reilly

Question:

122 Deputy James Reilly asked the Minister for Finance if he will defer the proposed section 35 amendment to the Credit Union Act 1997 until the outcome of the strategic review of the credit union sector is clear; and if he will make a statement on the matter. [25075/10]

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 and an amendment to Section 35 is, therefore, required to be made at this point. Accompanying measures are also required to balance the increased flexibility in relation to rescheduling and the Registrar of Credit Union does not have the power to impose these additional conditions that are required to be introduced across the sector.

The restrictions contained in Section 35 of the Credit Union Act 1997 are an important asset and liability instrument which has protected the financial stability of the credit union movement over many years 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. 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.

I have decided therefore to proceed with the amendments to Section 35 now.

National Asset Management Agency

Joan Burton

Question:

123 Deputy Joan Burton asked the Minister for Finance the way it is possible that certain persons whose loans have been, or are in the process of being, transferred to the National Asset Management Agency reportedly continue to engage in significant property deals in other jurisdictions without making any serious attempt to discharge debts owed to the banks and NAMA; if his attention has been drawn to reports of certain high profile developers successfully relocating to other jurisdictions; if his further attention has been drawn to comments made by the chairman of NAMA to the effect that many developers whose loans have been, or are in the process of being, transferred to NAMA inappropriately continue to lead lives of luxury, thumbing their noses at the ordinary taxpayers who have to foot the bill for bank bailouts and to take on the risk of inherent in the NAMA project; and if he will make a statement on the matter. [25101/10]

I am aware that the Chairman of NAMA has reiterated that NAMA intends to enforce security on borrowers who fail to demonstrate either the will or the capacity to deliver on debt reduction targets. In this regard, the Chairman made it clear that NAMA will require each borrower to set out how he plans to reduce his debt significantly over a three to five year horizon. Failure to demonstrate the capacity to do so would leave NAMA with no option but to foreclose. The Chairman also made it clear that NAMA reserves the right to recover arrears at any stage if it emerges that a debtor recovers the capacity to repay his or her debts.

I am also advised that NAMA has informed borrowers whose loans have transferred to it that the Agency will be very stringent in terms of any management costs allowed to them as part of their business plans.

Joan Burton

Question:

124 Deputy Joan Burton asked the Minister for Finance if the transfer of the first tranche of loans to the National Asset Management Agency has been fully completed for all participating institutions; if a significant amount of loans scheduled for transfer to NAMA in the first tranche were subject to very significant discounts of up to 100%, due to the deficiencies of legal title and documentation; if the discount was then challenged by the credit institutions; the loans, if any, originally scheduled for transfer to NAMA in the first tranche that are now not being transferred due to a challenge by the relevant credit institution to the transfer price or haircut or where significant losses are incurred by a credit institution on loans which had been scheduled for transfer to NAMA but, due to a challenge in respect of the transfer price or haircut, they remain on the books of the credit institution, and if he proposes to replenish from State funds any resulting negative. [25102/10]

The transfer of the first tranche of loans to NAMA from the five participating institutions concluded in May 2010. The total transferred was some €15.3 billion and the consideration paid was €7.7 billion, making an overall discount of 50% on this tranche.

I am advised by NAMA that some of the loans transferred have been subjected to 100% discounts because of various legal deficiencies. In a number of other cases, institutions asked for additional time in order to remedy deficiencies. This was granted by NAMA subject to strict deadlines and, in most of those cases, appropriate remedial action was taken by the institutions. Where an institution failed to remedy the deficiency, the full discount was applied.

Where a valuation remains in dispute between NAMA and an institution, the loan is not left with the institution; it is acquired by NAMA. The institution may only challenge that valuation under Section 121 of the NAMA Act 2009. After completion of all transfers from the institution, Section 122 of the Act provides for disputes on the overall portfolio valuation to be referred to a Valuation Panel for review providing certain criteria are fulfilled.

Tax Incentive Schemes

Michael McGrath

Question:

125 Deputy Michael McGrath asked the Minister for Finance if supports are available for the development of retirement villages by the private sector. [25150/10]

There are no specific incentives in place for the development of retirement villages by the private sector.

Financial Institutions Support Scheme

James Reilly

Question:

126 Deputy James Reilly asked the Minister for Finance further to Parliamentary Question No. 94 of 2 June 2010, if he will provide a breakdown of this data by bank; and if he will make a statement on the matter. [25184/10]

James Reilly

Question:

127 Deputy James Reilly asked the Minister for Finance further to Parliamentary Question No. 94 of 2 June 2010, the total liabilities of the banks broken down by these categories; and if he will make a statement on the matter. [25185/10]

I propose to take Questions Nos. 126 and 127 together.

I indicated in my reply to PQ Reference No. 22449 on 27 May that total liabilities covered under the Covered Institutions Financial Support Scheme (CIFS) and the Eligible Liabilities Guarantee Scheme (ELG) was €269 at end March 2010. I further stated that, as of end April, a total of €188bn was expected to mature before 1 October. This figure assumes demand deposits mature in the first month and notice deposits mature as if notice were given at end April. I also said that the position of individual covered institutions is sensitive commercially and I therefore confined my reply to aggregate figures.

Joan Burton

Question:

128 Deputy Joan Burton asked the Minister for Finance the nature and extent of continuing obligations of the State to bondholders in Anglo Irish Bank after September 2010; and if he will make a statement on the matter. [25237/10]

In September 2008 the Government implemented the Credit Institutions (Financial Support) Scheme 2008 (CIFS scheme) to safeguard the Irish banking system. The CIFS scheme covered all deposits (retail, commercial, institutional and interbank), covered bonds, senior debt and dated subordinated debt (lower tier II) until 29 September 2010. Anglo Irish Bank has a continuing contractual obligation to all of its bondholders.

On 9 December 2009 the State entered into the Credit Institutions (Eligible Liabilities Guarantee) Scheme 2009 (the ELG Scheme) as a further measure to maintain the stability of the financial system of the State. The ELG Scheme provides for an unconditional and irrevocable State guarantee for certain eligible liabilities (including deposits) of up to five years in maturity incurred by participating institutions in the relevant period.

At 31 May 2010 €2.39bn of Anglo bonds with maturities after 30 September 2010 had been guaranteed under the ELG scheme. In addition to these bonds, Anglo has both commercial paper and certificate of deposit programmes operated under the ELG scheme.

Courts Service

Richard Bruton

Question:

129 Deputy Richard Bruton asked the Minister for Finance his views on the inability of the new CAT form, CA24, to be completed on-line and if a system compatible with the Revenue On-line System can be developed. [25238/10]

The Deputy will be aware that Finance Act 2010 introduced significant changes to modernise and simplify the probate process and Capital Acquisitions Tax (CAT) administration.

A key element of the change is the abolition of the requirement to present two copies of the Inland Revenue Affidavit (Form CA24) to the Revenue Commissioners, in connection with the issue of a High Court certificate, prior to submitting the Inland Revenue Affidavit to the Probate Office. The two copies of the Inland Revenue Affidavit are now submitted directly to the Probate Office, which then forwards one copy to Revenue when the Grant of Representation is issued.

I am advised by the Revenue Commissioners that the opportunity was taken, as part of the modernisation and simplification of CAT administration, to re-design the Inland Revenue Affidavit to facilitate scanning and the information sought is primarily unchanged.

Neither the old nor the new versions of the Inland Revenue Affidavit is capable of being filed on-line using a system similar to Revenue's On-line System (ROS). To provide for such a system, the Courts Service would have to develop an appropriate secure IT platform. However, putting the Inland Revenue Affidavit in an on-line environment will be kept under review by Revenue and the Courts Service in the context of the development and roll-out of e-Government services over the coming years.

Departmental Properties

Brian Hayes

Question:

130 Deputy Brian Hayes asked the Minister for Finance the annual rent paid on behalf of each Government Department for office space from 2006 to date in 2010 in tabular form; if there has been a rent review on each property; the outcome of the rent review; the date of the rent review; if the review went to arbitration; the outcome of the arbitration; the name of the company and or persons that are the landlord; and if he will make a statement on the matter. [25239/10]

The Office of Public Works is currently collating the information requested by the Deputy and this information will be made available at the earliest possible date.

Tax Yield

Leo Varadkar

Question:

131 Deputy Leo Varadkar asked the Minister for Finance the number of transactions in respect of stamp duty on residential property transactions for 2009 and each of the preceding five years; if the residential property was a new house or apartment or a second hand property; the band of stamp duty into which the property fell; and if he will make a statement on the matter. [25259/10]

I am informed by the Revenue Commissioners that stamp duty data on residential property transactions are not captured in such a manner that would enable a breakdown to be provided between second-hand and new residential properties and between house and apartment property types. As the majority of new houses purchases are exempt from stamp duty — only new properties in excess of 125 square metres for owner-occupiers or new properties purchased as investments are stampable — it can be reasonably assumed that the bulk of stamp duty paid transactions in respect of residential property relates to second-hand properties.

The available information is in respect of the total number of residential property transactions, where stamp duty was paid in the years 2004 to 2009, broken down by reference to the consideration price bands corresponding to the rates of stamp duty, and is set out in the following tables:

Stamp Duty on — Residential Property 2004

Consideration Price Bands:

Number of Duty Paid Transactions

€127,001 – €190,500

10,706

€190,501 – €254,000

13,432

€254,001 – €317,500

8,504

€317,501 – €381,000

4,679

€381,001 – €635,000

4,653

Over €635,000

1,968

Total

43,942

Stamp Duty on — Residential Property 2005

Consideration Price Bands:

Number of Duty Paid Transactions

€127,001 – €190,500

11,268

€190,501 – €254,000

11,014

€254,001 – €317,500

7,181

€317,501 – €381,000

5,919

€381,001 – €635,000

6,478

Over €635,000

2,939

Total

44,799

Stamp Duty on — Residential Property 2006

Consideration Price Bands:

Number of Duty Paid Transactions

€127,001 – €190,500

10,877

€190,501 – €254,000

11,088

€254,001 – €317,500

8,007

€317,501 – €381,000

8,600

€381,001 – €635,000

9,833

Over €635,000

4,496

Total

52,901

Stamp Duty on — Residential Property 2007

(a) Deeds executed up to 5 November 2007

Consideration Price Bands:

Number of Duty Paid Transactions

€127,001 – €190,500

8,159

€190,501 – €254,000

8,512

€254,001 – €317,500

6,568

€317,501 – €381,000

5,785

€381,001 – €635,000

7,231

Over €635,000

3,364

Total

39,619

(b) Deeds executed on or after 5 November 2007

Consideration Price Bands:

Number of Duty Paid Transactions

€0 – €125,000

15

€125,001 – €1,000,000

1,374

Over €1,000,000

71

Total

1,460

Stamp Duty on — Residential Property 2008

Consideration Price Bands:

Number of Duty Paid Transactions

€0 – €125,000

120

€125,001 – €1,000,000

24,473

Over €1,000,000

778

Total

25,371

Stamp Duty on — Residential Property 2009

Consideration Price Bands:

Number of Duty Paid Transactions

€0 – €125,000

277

€125,001 – €1,000,000

11,289

Over €1,000,000

200

Total

11,766

For the years 2007, 2008 and 2009 figures are available to show that some duty paid transactions fall within the lowest consideration price band because they formed part of a larger transaction or series of transactions.

Particulars of transactions where no stamp duty is payable are not normally captured and, accordingly, it is not possible to provide reliable information in relation to exempt categories.

Leo Varadkar

Question:

132 Deputy Leo Varadkar asked the Minister for Finance the number of exemptions granted in respect of stamp duty on residential property transactions in 2009 and each of the preceding five years; if he will provide a breakdown of same based on the nature of the exemption; and if he will make a statement on the matter. [25261/10]

I am informed by the Revenue Commissioners that, while particulars of transactions where no stamp duty is payable are not normally captured, some relevant information is available on the number of transactions qualifying for the first time buyer exemption from Stamp Duty introduced in Finance (No. 2) Act 2007.

The figures for the years 2007, 2008 and 2009 are as follows:

First Time Buyer Transactions exempted from Stamp Duty under the provisions of Finance (No. 2) Act 2007

Year

Number of transactions

2007

3,093

2008

5,178

2009

1,958

Insurance Industry

Pádraic McCormack

Question:

133 Deputy Pádraic McCormack asked the Minister for Finance if house insurance is available to persons whose houses were flooded in the November and December 2009 floods; and if he will make a statement on the matter. [25277/10]

My Department has been liaising with the Irish Insurance Federation in order to establish how many people are unable to get flood cover and where these people are located.

The IIF has indicated that approximately 98% of householders who have household insurance currently have flood cover. They point out that insurers look at the claims history of the individual risk when deciding what underwriting action to take. They also look at any flood protection measures implemented by the local authority or OPW in the area. They say that where the flood risk is higher than normal people will generally pay a higher premium, or have a higher flood excess on their policy. They make the further point that withdrawal of flood cover at renewal generally only happens in exceptional cases e.g. repeated flooding, as the industry tries to provide such cover wherever possible.

My Department is currently seeking more detailed information from the IIF on the non-availability of flood cover, but particularly in relation to location. The intention is that there would be a match up of these problem areas where people are having difficulties obtaining or renewing cover with whatever corresponding remedial work is being carried out by the Office of Public Works. By approaching it in this way it should allow better resource allocation of the remedial works and also better address the underlying problems.

When this information is provided it should give us a better idea of the scale and nature of the flood insurance problem.

Departmental Expenditure

Joan Burton

Question:

134 Deputy Joan Burton asked the Minister for Finance the cost of the acquisition of the former Motorola premises in Swords, County Dublin, for the National Museum in respect of annual rent or lease costs; the incurred and expected refurbishment costs of using the building for museum storage; the plans for other facilities used for such storage; if he will confirm that the owner of the facility at Swords is a well known developer (details supplied); if liabilities to the National Asset Management Agency will be offset against the rent payable by the museum or Department on the lease if the developer is in the NAMA process; and if he will make a statement on the matter. [25289/10]

The Office of Public Works (OPW) will pay an annual rent of €1m in respect of the former Motorola premises in Swords. The cost for the adaptation works to facilitate the National Museum's requirements is of the order of €1,560,000.

OPW is evaluating a range of options for the space, which will become available after the National Museum transfers its stored collections to the new facility.

The premises are leased from the person referred to in the question.

The question of whether a landlord is involved in the NAMA process is outside the remit of the OPW, as the National Asset Management Agency Act 2009 does not provide a Statutory provision for a State body withholding money owed to an entity, which owes money to NAMA, in order to satisfy the debt to NAMA.

Judicial Remuneration

Joan Burton

Question:

135 Deputy Joan Burton asked the Minister for Finance the number of judges in each category of judge that is Supreme, High, Circuit, District and so on who have volunteered pension levy sacrifices in line with that imposed on public servants; the average pension levy sacrifice for judges for each category; the number of judges who are refusing to make a pension levy sacrifice; and if he will make a statement on the matter. [25291/10]

The Financial Emergency Measures in the Public Interest Act 2009 does not apply to the Judiciary for constitutional reasons. However, arrangements were put in place on an administrative basis between the Chief Justice and the Revenue Commissioners in April 2009 to facilitate voluntary payments by members of the Judiciary in the context of the pension related deduction scheme.

I have no function in relation to those arrangements. However, I understand that information in relation to the voluntary payments in 2009 was published in Revenue's Annual Report for 2009. I also understand that information covering the period up to 1 March 2010, was forwarded to the Deputy arising from Parliamentary Question No. Reference 10738/10. I am informed that the reply to that PQ was prepared in March 2010, prior to the enactment of the Finance Act 2010 but there was a delay in the information reaching the Deputy.

The Deputy will be aware that Section 161 of the Finance Act 2010 replaced the administrative arrangements mentioned above by providing for a voluntary scheme which enables members of the Judiciary to make a gift to the State of an equivalent amount to the pension related deduction imposed on State employees under the Financial Emergency Measures in the Public Interest Act 2009. Subsection (8) of that Section specifically provides that:

"(8) The Revenue Commissioners shall publish for each year of assessment only details of the number of donors who avail of this scheme in the year, and the aggregate amounts gifted for the year".

The Deputy will appreciate that in view of this provision, information cannot be made available at this stage in respect of voluntary payments in 2010 under the Section 161 arrangements, but I understand from the Revenue Commissioners that it is their intention to publish information in accordance with section 161(8) after the end of the year of assessment.

I am further advised by the Revenue Commissioners that the category of judge is not a relevant factor for the operation of a voluntary scheme and accordingly a breakdown of payments received as between judges of the different Courts is not available under either the old or new arrangements.

Flood Relief

Deirdre Clune

Question:

136 Deputy Deirdre Clune asked the Minister for Finance if the Office of Public Works has proceeded with the work plan set out in the aftermath of the flooding in Cork; if the steering group led by the OPW and comprising Cork City Council, Cork County Council and the ESB has met; if so the number of meetings that have taken place; if the plan to model dam discharge scenarios and assess their flood extent and risk has been completed; if the inspection of the quay walls to identify gaps and low points has been completed; if the assessment of local flood protection works has been carried out; if structural assessment of quay walls has been completed; when the results of this work will be made available; and if he will make a statement on the matter. [25330/10]

Arising from the Catchment Flood Risk Assessment and Management Study for the Lee catchment, a plan of prioritised flood risk mitigation measures was launched earlier this year as a Public Consultation document. The Plan identifies specific viable structural and non-structural options for managing the flood risks within the catchment as a whole and for localised high-risk areas.

The period of public consultation for the Plan finished on 30 April 2010. A substantial number of observations were received during the public consultation. These contributions are currently being considered and will be incorporated into the final Plan, as appropriate.

In addition to the measures being pursued through the CFRAM framework, consultants have been appointed to undertake a hydrological and hydraulic review of the November 2009 floods for the Rivers Lee and Owenboy. This review will examine, inter alia, rainfall depths and return periods, flood flow paths, extents and probabilities, with a view to providing an up-to-date model for this catchment. The initial review of the modelling is due to take place in mid-Summer.

A Steering Group has been set up, comprising of Cork City and County Councils, ESB and OPW, to deal specifically with Lower Lee Flood Risk Management issues and has already met twice. Procurement of consultants to bring the current proposals to a point, which confirms their feasibility, will shortly be commenced. The consultants will have the benefit of having the results of the various dam discharge scenarios, currently being undertaken, available to them. It is anticipated that proposed measures, if found to be feasible, would then be brought to public exhibition in 2011.

The OPW understands that the City Council has already carried out surveys of the quay walls. The OPW has agreed to fund interim repair works at two locations of Cork Quay Walls. This funding is subject to the invitation of tenders by Cork City Council and will not exceed the sum of €450,000 for each location. An allocation of €318,600 has also been made to Cork County Council for flood mitigation works at Crookstown. It would be open to both Councils to submit further applications for minor interim works.

Insurance Industry

Kathleen Lynch

Question:

137 Deputy Kathleen Lynch asked the Minister for Finance further to Parliamentary Question No. 163 of 1 June 2010, if the assurances his Department has given to the UK Treasury regarding the operation of a company (details supplied) is restricted to new business written in the UK since the appointment of the administrator or if it encompasses previous policies written by the company in the UK; and if he will make a statement on the matter. [25333/10]

The assurances given by my Department regarding the administration of the company in question covers all policyholders in the company, including those in the UK, and is not restricted to new business written since the appointment of the Joint Administrators.

Freedom of Information

Bernard J. Durkan

Question:

138 Deputy Bernard J. Durkan asked the Minister for Finance the number of requests for information under freedom of information legislation in each year from 2003 to date in 2010; the extent to which applications have been categorised as between persons seeking general information and those seeking personal information relative to themselves, those seeking personal information relative to others, those seeking information from Government Departments other than Oireachtas Members; the number of Oireachtas Members seeking information under such headings; the number of requests refused in each category over the same period; and if he will make a statement on the matter. [25355/10]

The table below gives the breakdown of requests received for personal and non-personal information for the years 2003 to 2010, the numbers received by Government Departments and the numbers of requests received from Oireachtas members and public representatives. Figures are not kept in relation to a breakdown of personal and non-personal requests refused and figures are not kept of requests made by Oireachtas members only. An elected member who makes an FOI request does so in their capacity as a member of the public. The Act confers no additional or special rights to a member of the Oireachtas.

The figures for mixed requests are also shown to provide full information on the number of requests received by Government Departments.

The figures for 2010 have not been compiled at this stage and are therefore not available.

Year

Number of Non personal requests received

Number of Personal requests received

*Number of Mixed requests received

Number of Requests to Govt Depts.

Number of requests made by Oireachtas/Public representatives to Govt Depts.

2003

3,813

4,882

252

8,947

250

2004

1,525

3,684

196

5,405

67

2005

1,583

5,429

128

7,140

73

2006

1,648

2,584

31

4,263

80

2007

1,372

1,805

53

3,230

61

2008

2,226

2,145

70

4,441

117

2009

2,557

2,242

38

4,837

87

2010

Total

14,724

22,771

768

38,263

735

*The number of mixed requests received refers to those requests for records that contain both personal and non-personal information.

Tax Code

Joan Burton

Question:

139 Deputy Joan Burton asked the Minister for Finance if he will itemise all tax expenditures and reliefs, including their expected cost for 2010 and for 2011, assuming no policy change; the total revenue that would be raised on a 2011 and full-year basis through the abolition of each, through the standard-rating of each and through excluding each for all incomes over €100,000 and €125,000 respectively. [25358/10]

I am advised by the Revenue Commissioners that the total identifiable costs to the Exchequer of all income tax and corporation tax allowances, reliefs, exemptions and tax credits available are set out in the following tables for 2006, the most recent year for which the necessary detailed historical information is available. Relevant notes relating to items in the tables are also included.

Estimates of the prospective yield to the Exchequer in 2011 from the abolition or standard rating of each deduction and relief from incomes over the specified ranges are not available. These estimates could not be provided without undertaking an extensive and costly development of the Revenue tax model nor would they capture any behavioural change on the part of taxpayers as a consequence of such change or their economic effects.

Cost of Tax Credits, Allowances and Reliefs 2006 and 2005

The following table IT 6 shows the estimated cost in terms of revenue forgone of the personal tax credits and the main reliefs and deductions allowable under the income tax system. A number of reliefs which apply both to individuals and companies is also included and the cost shown in relation to these reliefs covers income tax and corporation tax.

An adjustment is included in the cost figures applying to income tax to compensate for incomplete numbers of tax returns on record at the time of compiling the estimates.

The tax credits and reliefs listed in the table serve varying purposes. Many are essentially structural reliefs through which individual tax liabilities are adjusted to reflect relative taxable capacity. The main personal tax credits are a good example of this since they may be regarded as part of the progressive income tax structure representing a band of income chargeable at a zero rate. Others, such as relief for interest paid in full or investment in corporate trades, are tax-based incentives in favour of specific groups or activities which are designed to promote certain aspects of public policy.

In computing taxable profits, account needs to be taken in some way of the depreciation of capital assets incurred in earning those profits. To this extent, the figures in the table of the "costs" of capital allowances should not be regarded as measuring a "loss of tax revenue" on profits. To compute such "loss", regard would have to be had to the excess of the amount of the capital allowances at current rates over the amount of the normal allowances.

The figures shown for the basic personal tax credits (married, single and widowed) are the costs of these tax credits as if all other tax credits and the exemption limits did not apply. They do not include individuals who are not on Revenue records because their incomes are below the income tax thresholds. The cost figures for the exemption limits are based on the excess of the exemption limits over the basic personal tax credits.

The figures of cost are for 2006 and 2005 and all figures are based on tax due in respect of assessments for each year and not on tax receipts within that year.

The figure against each credit or allowance represents the additional tax which would become payable if the tax credit or allowance were withdrawn assuming no consequent change in the behaviour of taxpayers (for example, in relation to the reliefs for savings), or the amounts of payments (for example, interest payable on certain savings schemes might need adjustment to take account of the new tax liability).

The numbers of claimants of each credit or relief are shown for both years to the extent that they are available. The numbers included are the taxpayers who would be adversely affected by the withdrawal of the respective credit or relief.

In the calculations, each tax credit or allowance has been dealt with separately and on the assumption that the rest of the tax system remained unchanged. It would be therefore inaccurate to calculate the effect of withdrawing all the credits, reliefs and allowances by simply totalling the figures. For example, the costs shown for capital allowances and stock relief are also calculated on the basis of separate withdrawal of these reliefs. Their combined cost would be greater than the sum of the separate costs because allowances are not always fully set off against available profits. For instance, a person with €1,000 gross trading profits, €1,000 capital allowances and €1,000 stock relief would pay no tax if either of the reliefs were withdrawn but would pay tax on €1,000 profits if both reliefs were withdrawn. In this case, the cost of each relief separately is nil but the combined cost is tax on €1,000. Basic data is not available to enable an estimate of the combined cost of these reliefs to be made.

The figures for estimates based on tax returns have been grossed up to an overall expected level to adjust for incompleteness in the numbers of returns on record at the time the data was extracted for analytical purposes.

Finally, the estimates shown in many cases are tentative and are subject to revision in the light of later information. Some of the cost figures included in the table for 2005 reflect revisions to figures previously published in the 2007 Report.

INCOME TAX AND CORPORATION TAX

TABLE IT6: Cost of Tax Credits, Allowances and Reliefs 2005 and 2006

(1) Estimated cost for

Tax Relief Provision

2005

2006

€m

Numbers

€m

Numbers

INCOME TAX

Exemption limits:

General Exemption(2)

0.0

0

0.0

0

Child Addition(2)

0.3

1,000

0.2

800

Age Exemption(2)

61.5

49,600

62.0

50,100

Married Person’s Credit(3)

2,268.9

756,500

2,396.9

777,700

Single Person’s Credit(3)

1,854.3

1,330,100

2,137.2

1,494,700

Widowed Person’s Credit(3)

132.2

71,500

155.2

78,400

Additional Credit to Widowed Person in Year of Bereavement

4.7

4,000

4.5

4,000

Additional Bereavement Credit to Widowed Parent

4.3

2,400

4.9

2,300

Additional Personal Credit for Lone Parent

194.1

124,900

186.1

123,100

Homecarer Credit

63.9

87,900

61.8

85,000

Additional Credit for Incapacitated Child

10.3

10,400

16.0

11,000

Employee (PAYE) Credit

2,030.8

1,493,300

2,522.0

1,626,700

Dependent Relative Credit

1.0

15,200

1.4

15,500

Person Taking Care of Incapacitated Taxpayer

1.8

660

2.8

820

Age Credit

20.6

68,800

28.3

76,700

Blind Person’s Credit

0.8

890

1.2

880

Medical Insurance Premiums(4)

229.6

1,073,400

260.5

1,134,800

Health Expenses

134.0

260,700

167.2

348,800

Contributions Under Permanent Health Benefit Schemes, after Deduction of Tax on Benefits Received(5)

3.2

21,600

3.1

23,000

Employees’ Contributions To Approved Superannuation Schemes(6)

423.4

565,200

543.3

693,100

Employers’ Contributions To Approved Superannuation Schemes(6)

90.0

296,500

120.0

363,100

Exemption of Investment Income and Gains of Approved Superannuation Funds(6) (7) (11)*

1,050.0

N/A

1,200.0

N/A

Exemption of employers’ contributions from employee BIK(6)

370.0

296,500

510.0

363,100

Tax Relief on “tax free” lump sums(6)

120.0

N/A

130.0

N/A

Retirement Annuity Contracts(6)

357.7

121,200

435.9

125,900

Personal Retirement Savings Account(6)

42.2

32,900

56.4

45,200

Interest paid:

Loans relating to Principal Private Residence

279.0

587,800

351.6

668,400

Other(8)

22.2

4,800

31.1

4,900

Rent Paid in Private Tenancies

48.1

144,500

64.0

171,800

Expenses Allowable to Employees under Schedule E

65.0

908,800

71.2

960,400

Third Level Education Fees

14.3

29,900

15.7

30,800

Exemption of Certain Earnings of Writers, Composers and Artists

34.8

2,220

65.9

2,890

Dispositions (Including Maintenance Payments made to Separated Spouses)

18.9

6,100

20.2

7,640

Exemption of Interest on Savings Certificates, National Instalment Savings & Index Linked Savings Bonds

129.5

N/A

216.3

N/A

Rent a Room

3.3

2,820

3.9

3,560

Exemption of Income of Charities, Colleges, Hospitals, Schools, Friendly Societies, etc.(9)

19.8

N/A

35.0

N/A

Donations to Approved Bodies

34.0

63,800

49.5

107,100

Donations to Sports Bodies(10)

0.2

430

0.3

580

Retirement Relief for certain Sports Persons(10)

0.3

42

0.2

32

Exemption of Irish Government Securities where owner not ordinarily resident in Ireland(11)*

169.3

N/A

197.0

N/A

Exemption of Statutory Redundancy Payments

72.8

22,000

77.7

22,100

Service Charges

17.2

304,700

21.4

363,900

Top Slicing Relief — Reduced Tax Rate for Payments in Excess of Exemption Amounts Made as Compensation for Loss of Office

11.1

1,480

20.2

2,050

Revenue Job Assist allowance

0.4

550

0.3

360

Allowance for seafarers

0.4

200

0.3

170

Trade Union Subscriptions

11.8

272,100

19.2

294,300

Exemption From Tax of Certain Social Welfare Payments:

Child benefit*

366.6

373,500

377.4

375,300

Early childcare Supplement*

N/A

N/A

64.9

192,000

Maternity allowance*

9.6

10,800

12.2

14,900

Exemption of Income arising from the Provision of Childcare Services

N/A

N/A

0.3

230.0

Approved Profit Sharing Schemes*

55.8

55,000

87.8

87,500

Savings-Related Share Option Schemes*

6.2

N/A

2.8

N/A

Approved Share Option Schemes*

0.4

464

3.4

1,400

Relief for New Shares Purchased by Employees

N/A

N/A

0.2

184

Investment in Corporate Trades (BES)

16

1,650

21.4

2,000

Investment in Seed Capital

1.3

42

1.2

42

Stock Relief*

2.0

N/A

2.0

N/A

Relief for expenditure on significant buildings and gardens

3.3

84

6.2

180

Donation of Heritage items

5.8

7

5.7

5

Special Savings Incentive Scheme

597.4

1,083,600

438.9

718,570

INCOME TAX AND/OR CORPORATION TAX(12)

Employee Share Ownership Trusts*

1.8

16,800

6.3

16,300

Total Capital Allowances:(13)

1,877.5

266,200

2,036.3

260,700

Rented Residential Relief — Section 23(14)*

239.7

4,126

252.4

4,132

Effective Rate of 10% for Manufacturing and Certain Other Activities(15)

396

3,034

384.1

2,831

Double Taxation Relief

439.1

13,200

590.0

15,400

Investment in Films*

15.7

1,500

36.4

3,500

Group Relief

421.6

1,578

255.6

1,592

Research & Development Tax Credit(16)

65.2

135

74.7

141

NOTES ON TABLE IT 6

(1) Figures accompanied by an asterisk* are particularly tentative and subject to a considerable margin of error.

(2) The cost figures for the exemption limits are based on the excess of the exemption limits over the basic personal tax credits. They include the cost of marginal relief for taxpayers whose incomes are not greatly in excess of the exemption limits.

(3) The figures shown for the basic personal tax credits (married, single and widowed) are the costs of these tax credits as if all other tax credits and the exemption limits did not apply. They do not include individuals who are not on Revenue records because their incomes are below the income tax thresholds.

(4) Arising from the change over to Tax Relief at Source the figures relate to the number of policies issued. These include policies where subscriptions were paid by businesses on behalf of their employees.

(5) Part of the cost of contributions to Permanent Health Benefit Schemes is not identifiable as a result of the move to a “net pay” basis for contributions by PAYE taxpayers from 6 April 2001.

(6) See the following table “Green Paper on Pensions” for background commentary and cost figures for 2007.

(7) Arising from the work on the “Green Paper on Pensions” (2007) the basis for costing this item was changed for 2005 and is not directly comparable with the figures for earlier years. See also the following table “Green Paper on Pensions” for more recent figures.

(8) “Other” relates to borrowings for purposes such as acquiring an interest in a company or partnership or to pay death duties.

(9) The cost of exempting the income of charities, colleges, hospitals, schools, friendly societies, etc. from income tax includes the sums repaid in respect of tax credits, income tax deducted at source (certain dividends, other investment income and payments received under covenant), and also includes tax on (see Note 10) (a) donations made by the PAYE and self-employed sectors to approved bodies (b) income tax repayments on foot of PAYE donations. It also includes the cost of exempting certain bodies from the deduction on income arising from government securities. Information is not available about other income received gross.

(10) The cost figures for relief for donations to Approved Sports Bodies and for certain Sports Persons are based on self assessment returns.

(11) In the absence of other information, tax has been assumed at the standard rate of income tax even though a different rate might be appropriate in many cases.

(12) The costs included for corporation tax are by reference to accounting periods which ended in the years 2005 and 2006.

(13) The cost shown for capital allowances does not include any cost associated with “unused capital allowances”, that is, capital allowances which are not absorbed by a company in the accounting period in which they arise because they exceed the amount of the company’s profits of that accounting period which are available for offset. Unused capital allowances can be offset as losses against taxable profits arising in the previous accounting period and against certain profits arising in future accounting periods and can be offset against the profits of another company in the same group of companies. It is estimated that €3,340 million of unused capital allowances were claimed in respect of 2006 accounting periods but as the proportion of this item which is included in previous years losses and in group relief is not separately identifiable a reliable estimate of the cost of the capital allowance element cannot be provided.

(14) The tax cost shown for section 23 type relief is the estimated ultimate tax cost relating to the total allowable expenditure in respect of claims made in 2005 and 2006 tax returns for the first time. The cost shown is for income tax cases only.

(15) The cost does not include any notional cost associated with IFSC companies. The International Financial Services activity in Ireland represents new business which has developed as a result of, among other things, the concessionary tax rate. This means that as the cost of the concessionary rate is not just the difference between the concessionary tax rate and the full tax rate, it is therefore not quantifiable. In regard to the cost shown for the effective rate of 10 per cent for manufacturing and certain other activities, no account is taken of the fact that without these incentives, many enterprises may not have set up here. To the extent that profits earned by such enterprises would not have been available for Irish tax purposes, part of the cost figure shown might be regarded as notional.

(16) The costs shown for R&D is for claims for R&D on corporation tax returns for accounting periods ending in 2005 and 2006. However, the cost includes the cost associated with claims where the company was entitled to the credit but was unable to absorb it in that accounting year.

Green Paper on Pensions — updated estimates of cost for 2007

As part of the work on the Green Paper on Pensions, a review was carried out of the current regime of incentives for supplementary pension provision with a view to developing more comprehensive and reliable estimates of the cost of reliefs in this area. The review examined, among other things, the current reliefs and incentives for investment in supplementary pensions and the data available on which to base reliable estimates of the costs in revenue foregone to the Exchequer.

The review drew on newly available 2007 aggregate data on contributions to pension schemes by employers and employees arising from a P35 initiative introduced on foot of provisions that were included in Finance Act 2004 with a view to improving data quality. Estimates of the cost of tax for private pension provision updated for 2007 are included in the table below:

Estimate of the cost of tax and PRSI reliefs for private pension provision 2007.

Estimated costs

Numbers*

€ million

Employees’ Contributions to approved Superannuation Schemes

590

708,100

Employers’ Contributions to approved Superannuation Schemes

150

385,100**

Estimated cost of exemption of employers’ contributions from employee BIK

540

385,100

Exemption of investment income and gains of approved Superannuation Funds

900

Not available

Retirement Annuity Contracts (RACs)

420

123,900

Personal Retirement Savings Accounts (PRSAs)

65

56,400

Estimated cost of tax relief on “tax-free” lump sum payments

130

Estimated cost of PRSI and Health Levy relief on employee and employer contributions

240

Not available

Gross cost of tax relief

3,035

Estimated tax yield from payment of pension benefits

410

Net cost of tax relief

2,625

*Numbers as included in P35 returns from employers to Revenue for 2007. Figures are as verified to date but may be understated and subject to revision.

**This is numbers of employees for whom employers are contributing to occupational pension funds as included in P35 returns to Revenue for 2007. Figures are as verified to date but may be understated and subject to revision.

The breakdown and make-up of these estimated costs of reliefs differ from presentations of costs in this area for previous years in a number of respects and are not directly comparable. For further details on the cost of tax and other reliefs and the changes in the methodology, refer to pages 106 and 107 of the Green Paper on Pensions which is available at www.pensionsgreenpaper.ie.

Certain property-based tax incentives and incomes exempt from tax — uptake and estimated potential cost to the Exchequer in terms of income tax and corporation tax forgone based on 2006 tax returns

Provisions were included in the Finance Acts of 2003 and 2004 to enable new statistical data on the uptake of tax relief for certain property-based tax incentives and incomes exempt from tax to be obtained from tax returns. This information, derived from changes introduced by the Revenue Commissioners to income tax returns and corporation tax returns for 2006, is set out in the following table.

The figures shown include the amounts claimed in the year but exclude amounts carried forward into the year either as losses or capital allowances, and include any amounts of unused losses and/or capital allowances which will be carried forward to subsequent years.

Tax Incentive/Income Exemption

Amount Claimed

Assumed maximum tax cost €m

Number of claimants

€m

€m

Urban renewal

351.7

140.5

3,436

Town Renewal

93.0

38.7

1,149

Seaside Resorts

15.7

6.4

1,167

Rural Renewal

94.0

38.0

2,137

Multi-storey car parks

40.2

16.6

119

Living Over the shop

7.1

2.7

82

Enterprise Areas

7.4

3.0

129

Park and Ride

6.9

2.8

32

Holiday Cottages

22.9

9.5

660

Hotels

277.1

106.6

1,515

Nursing Homes

35.5

14.7

538

Housing for the Elderly/infirm

3.4

1.4

95

Hostels

1.96

0.82

23

Guest Houses

0.2

0.1

7

Convalescent Homes

4.1

1.7

18

Qualifying Private Hospitals

25.2

10.6

284

Qualifying sports injury clinics

0.1

0

3

Buildings Used for certain childcare purposes

14.3

6.0

304

Student Accommodation

162.5

64.3

1,059

Exemption of profits or gains from Greyhounds

0.4

0.1

6

Exemption of profits or gains from Stallions

90.7

22.5

185

Exemption of profits or gains from Woodlands

13.6

5.4

1,231

Exempt Patents (section 234, TCA 1997)

395.0

83.8

1,120

Totals

1,662.9

576.2

15,299

Notes:

The figures shown relate to the various reliefs/incentives and exemptions as specified in the 2006 form 11 and CT1.

There were concerns that in some instances the new, separately categorised data on property incentives may not have been correctly entered on the Tax returns. Revenue drew the attention of the relevant tax practitioner bodies to these deficiencies to rectify them in future returns and also increased awareness among its own staff involved in processing tax returns of the need to ensure, through closer examination of the returns, that they are correctly completed.

The estimated costs have assumed tax foregone at the 42% rate in the case of income tax and 12.5% in the case of corporation tax. This means the figures shown correspond to the maximum Exchequer cost in terms of income tax and corporation tax. However, the actual Exchequer cost could be lower, particularly in relation to the exempt income items, as the income could be subject to deductions for allowable expenses and other costs thereby reducing the level of income that would be actually subject to tax.

Some of the costs shown above are included in the costs shown for capital allowances and section 23 relief in Table IT6. For example, exempt income included above is not part of capital allowances.

Reliefs in Respect of which Costs are not Currently Quantifiable or are Negligible or are not Identifiable within Total Aggregates.

Exemption in respect of certain income derived from the leasing of farm land;

Relief for new shares purchased on issue by employees;

Relief from averaging of farm profits;

Exemption for income arising from payments in respect of personal injuries;

Exemption of certain payments made by Haemophilia HIV Trust;

Exemption of Pensions, Benefits or Gratuities Payable to Veterans of the War of Independence their Widows or Dependents;

Exemption of lump sum retirement payments;

Relief for allowable motor expenses;

Tapering relief allowable for taxation of car benefits in kind;

Reduced tax rate of 10% for authorised unit trust schemes;

Reduced tax rate of 10% for special investment schemes;

Exemption of certain grants made by Údarás na Gaeltachta;

Relief for investment income reserved for policy holders in life assurance companies;

Relief for various business related expenses such as staff recruitment, rent, legal fees, and other general expenses;

Exemption in certain circumstances on the interest on quoted bearer Eurobonds;

Exemption of payments made as compensation for loss of office;

Exemption of scholarship income;

Exemption for income received under Sceim na bhFoghlaimeoiri Gaeilge.

Joan Burton

Question:

140 Deputy Joan Burton asked the Minister for Finance further to Parliamentary Question No. 342, of 3 November, 2009, if he will provide a breakdown of the numbers, where available, and the cost to the Exchequer of the tax relief for pension investment scheme for those earning less than €10,000, less than €20,000, less than €30,000, less than the average industrial wage, less than €40,000, less than €50,000, less than €60,000, less than €70,000, less than €80,000, less than €90,000, less than €100,000, and more than €100,000; and the extra revenue which would be generated for the Exchequer by limiting tax relief for pension investment to those in each of the pay brackets set out above. [25361/10]

I am informed by the Revenue Commissioners that the latest relevant information available is in respect of income tax relief allowed for contributions to Retirement Annuity Contracts (RACs) and Personal Retirement Savings Accounts (PRSAs) for the income tax year 2007.

RACs and PRSAs are available to the self-employed and to employees not in occupational pension schemes. The information is set out in tables following this reply which provide the number of cases, amount of deduction and reduction in tax for tax relief for RACs and PRSAs for the various contribution ranges. The information is based on income returns contained in Revenue records at the time the data were compiled for analytical purposes, representing close on 90% of all returns expected. A married couple who has elected or has deemed to have elected for joint assessment is counted as one tax unit.

The figures for the total number of cases and the total reduction in tax shown in the tables are lower than those indicated in the table supplied with the reply I gave on 3 November 2009 to Parliamentary Question ref 38545/09 tabled by the Deputy. This is due to the fact that the figures in the tables represent under 90 per cent of all income tax returns expected for 2007, while the figures supplied on 3 November were, in accordance with normal practice, grossed-up at aggregate level to adjust for this incompleteness.

The latest tax year for which income tax returns are required to have been made (and in respect of which data on contributions to RACs and PRSAs would be included) is 2008. The deadline for making those returns was 31 October 2009 (or 17 November 2009 if submitted via the Revenue on-line Service — ROS). I am informed by the Revenue Commissioners that it takes time to process the various data on the returns received and, moreover, that many return forms for 2008 continue to be received in the months beyond the October/November deadlines. Before providing any figures for 2008, the Revenue Commissioners prefer to have as high a proportion of tax returns for that year as is possible represented in the data by allowing sufficient time to elapse to ensure that an acceptable level of maturity in the figures is attained. In that context, it is hoped that sufficient data should be available by September next to provide comparable tables for 2008,

It is not possible to provide corresponding figures in regard to the take-up of the tax relief for pension contributions by employers and employees to occupational pension schemes as the relevant data are not captured in such a way as to make this possible. Provisions were included in the Finance Act 2004 with a view to improving data quality and transparency without overburdening taxpayers or employers. The Act includes provisions that require employers to provide data on superannuation contributions in the P35 form to be filed by employers from 2006 on. These changes have yielded additional information regarding the overall cost of tax relief for pension contributions but, as the returns are aggregated at employer level, they cannot provide a precise basis for measuring the potential impact on the Exchequer of any proposals to limit tax relief for pension investment for individuals across different income ranges.

INCOME TAX 2007

Personal Retirement Savings Accounts — by range of Gross Income.

Range of gross income

Totals

From

To

Number of cases

Amount of deduction

Reduction in tax

Tax due for payment

Gross Tax*

Reduction in tax as % of Gross Tax

%

10,000

150

230,848

1,818

165

1,983

91.7

10,000

20,000

790

1,519,146

224,686

152,616

377,302

59.6

20,000

30,000

2,240

4,615,210

879,802

2,171,028

3,050,830

28.8

30,000

32,730

724

1,688,295

329,412

1,262,871

1,592,283

20.7

32,730

40,000

1,934

5,089,074

1,326,500

4,880,218

6,206,718

21.4

40,000

50,000

2,193

7,066,857

2,258,955

9,097,529

11,356,484

19.9

50,000

60,000

1,798

6,614,692

2,198,980

10,841,069

13,040,049

16.9

60,000

70,000

1,503

6,798,996

2,111,219

11,647,236

13,758,455

15.3

70,000

80,000

1,170

6,200,782

2,219,156

11,752,273

13,971,429

15.9

80,000

90,000

912

5,625,655

2,193,256

11,821,124

14,014,380

15.7

90,000

100,000

615

4,705,744

1,900,412

9,609,226

11,509,639

16.5

Over

100,000

2,621

42,381,897

17,300,020

121,388,445

138,688,466

12.5

Totals

16,650

92,537,196

32,944,217

194,623,801

227,568,018

14.5

*"Gross tax" means the tax that would be duebefore relief is allowed for PRSA deductions Average Industrial Wage is €32,730.

The figures do not include contributions made by employees through employers' payroll systems and in respect of which tax relief is provided on the net pay basis. Information on such contributions is not captured in such a way as to make it possible to provide disaggregated figures.

INCOME TAX 2007

Retirement Annuity — by range of Gross Income.

Range of gross income

Totals

From

To

Number of cases

Amount of deduction

Reduction in tax

Tax due for payment

Gross Tax*

Reduction in tax as % of Gross Tax

%

10,000

816

1,090,619

15,433

1,273

16,706

92.4

10,000

20,000

4,023

7,610,530

1,056,140

1,125,139

2,181,279

48.4

20,000

30,000

9,121

19,640,312

3,639,370

8,985,960

12,625,330

28.8

30,000

32,730

3,168

7,509,033

1,460,629

5,112,254

6,572,883

22.2

32,730

40,000

9,127

23,785,995

5,543,666

20,635,934

26,179,600

21.2

40,000

50,000

12,354

39,221,676

11,425,057

44,823,408

56,248,465

20.3

50,000

60,000

10,986

42,422,932

13,034,048

58,431,806

71,465,854

18.2

60,000

70,000

9,541

42,982,398

13,008,673

68,507,813

81,516,486

16.0

70,000

80,000

7,947

42,617,895

12,764,454

74,628,321

87,392,775

14.6

80,000

90,000

6,330

41,510,052

12,996,014

74,152,710

87,148,724

14.9

90,000

100,000

4,897

38,251,287

12,508,260

70,817,423

83,325,683

15.0

Over

100,000

24,586

630,019,771

243,535,147

1,362,193,618

1,605,728,766

15.2

Totals

102,896

936,662,500

330,986,892

1,789,415,659

2,120,402,551

15.6

*"Gross tax" means the tax that would be duebefore relief is allowed for retirement annuity deductions Average Industrial Wage is €32,730.

The figures do not include contributions made by employees through employers' payroll systems and in respect of which tax relief is provided on the net pay basis. Information on such contributions is not captured in such a way as to make it possible to provide disaggregated figures.

Joan Burton

Question:

141 Deputy Joan Burton asked the Minister for Finance the cost to the Exchequer of the health and medical expenses relief scheme; the projected cost to the Exchequer for the years 2010 and 2011; the number of taxpayers who availed of this scheme; and if he will make a statement on the matter. [25362/10]

I am informed by the Revenue Commissioners that the most recent year for which final information is available on the cost to the Exchequer, and the numbers of taxpayers availing, of the tax relief for health expenses is the income tax year 2006. In 2006, an estimated 349,000 taxpayers availed of the health expenses relief at an estimated cost to the Exchequer of €165 million.

I am not in a position to provide the data requested by the Deputy for the years 2010 and 2011 in relation to the above mentioned relief.

The numbers availing represent income earners who were in a position to absorb at least some of the tax relief and thereby give rise to an Exchequer cost. They do not include the numbers of potential claimants whose entitlements to other tax reliefs or credits were sufficient to reduce their liability to tax to nil without reference to the specific relief.

A married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

Joan Burton

Question:

142 Deputy Joan Burton asked the Minister for Finance the cost to the Exchequer of the tuition fees tax relief scheme; the number of taxpayers who avail of the scheme; and if he will make a statement on the matter. [25363/10]

I am informed by the Revenue Commissioners that the most recent year for which final information is available on the cost to the Exchequer, and the numbers of taxpayers availing, of the tax relief for tuition fees is for the income tax year 2006. The relevant figures are shown in the following table:

Year

Estimated cost to the Exchequer

Estimated Numbers

€m

2006

16

30,800

The numbers availing represent income earners who were in a position to absorb at least some of the tax relief and thereby give rise to an Exchequer cost. They do not include the numbers of potential claimants whose entitlements to other tax reliefs or credits were sufficient to reduce their liability to tax to nil without reference to the specific relief. The numbers availing are rounded to the nearest hundred as appropriate.

A married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

Joan Burton

Question:

143 Deputy Joan Burton asked the Minister for Finance the cost to the Exchequer of the medical insurance premiums tax relief at source scheme; the number of taxpayers who avail of the scheme; and if he will make a statement on the matter. [25364/10]

I am informed by the Revenue Commissioners that the cost to the Exchequer of tax relief allowed for medical insurance premia in 2009 is provisionally estimated at €374 million.

The numbers availing of the scheme relate to the number of policies issued as it is not possible to compile a reliable count of the number of individual claimants. For 2008, the latest year for which it is available, the number of policies issued is provisionally estimated at 1,017,400.

The cost figure above does not include the cost to the Exchequer of €216 million of the age-related tax relief at source, which is established by the Health Insurance (Miscellaneous Provisions) Act 2009. This tax credit is part of a scheme designed to address the issues covered by the Supreme Court judgment of 2008 that found against the risk equalisation scheme for the provision of private health insurance.

The scheme is two-fold, an age-related tax credit to compensate for the higher cost of insurance for older persons, which is funded by a levy on health insurance companies based on the number of people covered by policies underwritten by them. This scheme is a temporary measure for three years from 1 January 2009 to 31 December 2011. It is intended that it will be revenue-neutral over its duration.

Joan Burton

Question:

144 Deputy Joan Burton asked the Minister for Finance the cost to the Exchequer of the home carer tax credit; the number of taxpayers who avail of the scheme; and if he will make a statement on the matter. [25365/10]

I am informed by the Revenue Commissioners that provisional estimates, on a preliminary basis, of the cost to the Exchequer of the home carer tax credit and the associated number of income earners availing of it for the income tax years 2010 are as follows:

Tax year

Estimated cost to the Exchequer

Estimated numbers availing

€m

2010

57

68,400

The figures for 2010 are estimates from the Revenue tax forecasting model using actual data for the year 2007, adjusted as necessary, for income and employment growth for the years in question and are therefore provisional and subject to revision. The numbers availing represent income earners who were in a position to absorb at least some of the home carer tax credit and thereby give rise to an Exchequer cost. They do not include the numbers of potential claimants whose entitlements to other tax credits were sufficient to reduce their liability to tax to nil without reference to the home carer credit. The numbers availing are rounded to the nearest hundred as appropriate.

A married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

Tax Yield

Joan Burton

Question:

145 Deputy Joan Burton asked the Minister for Finance the expected yield in 2010 and 2011 from an increase in the standard rate of income tax by 1%, 2%, 3%, 4% or 5%; and if he will make a statement on the matter. [25366/10]

I am informed by the Revenue Commissioners that the full year yield to the Exchequer, estimated by reference to 2010 incomes, of changing the standard rate of tax by 1%, 2%, 3%, 4% or 5% would be approximately €420 million, €840 million, €1,260 million, €1,680 million and €2,100 million respectively.

The figures are estimates from the Revenue tax-forecasting model using actual data for the year 2007 adjusted as necessary for income and employment trends for the year 2010. They are therefore provisional and likely to be revised.

A basis for providing corresponding figures for 2011 is not yet available.

Joan Burton

Question:

146 Deputy Joan Burton asked the Minister for Finance the expected yield in 2010 and 2011 from an increase in the higher rate of income tax by 1%, 2%, 3%, 4% or 5%; and if he will make a statement on the matter. [25367/10]

I am informed by the Revenue Commissioners that the full year yield to the Exchequer, estimated by reference to 2010 incomes, of changing the higher rate of tax by 1%, 2%, 3%, 4% or 5% would be approximately €145 million, €290 million, €435 million, €580 million and €725 million respectively.

The figures are estimates from the Revenue tax-forecasting model using actual data for the year 2007 adjusted as necessary for income and employment trends for the year 2010. They are therefore provisional and likely to be revised.

A basis for providing corresponding figures for 2011 is not yet available.

Joan Burton

Question:

147 Deputy Joan Burton asked the Minister for Finance the expected yield in 2010 and 2011 from a reduction in the personal income tax credit of €100, €200 for a married couple with one income; and if he will make a statement on the matter. [25368/10]

I am informed by the Revenue Commissioners that the full year yield to the Exchequer, estimated by reference to 2010 incomes, of reducing the single person tax credit by €100 would be of the order of €155 million. The reduction mentioned in the Deputy's question is assumed to apply in similar measure to widowed persons and to include the normal consequential reductions in the tax credit for lone parents and the married tax credit.

The figures are estimates from the Revenue tax-forecasting model using actual data for the year 2007 adjusted as necessary for income and employment trends for the year 2010. They are therefore provisional and likely to be revised.

A basis for providing corresponding figures for 2011 is not yet available.

Joan Burton

Question:

148 Deputy Joan Burton asked the Minister for Finance the expected yield in 2010 and 2011 from the introduction of a new rate of tax of 48% on individual incomes over €100,000 and married couple incomes over €200,000; and if he will make a statement on the matter. [25373/10]

It is assumed that the threshold for the proposed new tax band mentioned by the Deputy would not alter the existing standard rate band structure applying to single and widowed persons, to lone parents and married couples.

I am advised by the Revenue Commissioners that the estimated full year yield to the Exchequer, estimated by reference to 2010 incomes, of the introduction of a new 48% rate would be of the order of €375 million. Given the current band structures, major issues would need to be resolved as to how in practice such a new rate could be integrated into the current system and how this would affect the relative position of different types of income earners.

This figure is an estimate from the Revenue tax-forecasting model using actual data for the year 2007, adjusted as necessary for income and employment trends for the year 2010. It is therefore provisional and likely to be revised.

A basis for providing corresponding figures for 2011 is not yet available.

Joan Burton

Question:

149 Deputy Joan Burton asked the Minister for Finance the expected yield in 2010 and 2011 from increasing the carbon tax to a rate of €25 per tonne of carbon; and if he will make a statement on the matter. [25374/10]

I am informed by the Revenue Commissioners that the estimated notional yield, inclusive of VAT, in 2010 and 2011 from the carbon tax if the rate remains at €15 per tonne or was set at €25 per tonne is set out below:

2010 Est. Yield (inclusive of VAT)

2011 Est. Yield (inclusive of VAT)

€m

€m

Carbon Tax @ €15 per tonne

250

330

Carbon Tax @ €25 per tonne

420

550

Joan Burton

Question:

150 Deputy Joan Burton asked the Minister for Finance the expected yield in 2010 and 2011 from increasing the rate of capital acquisitions tax by 1%, 2%, 3%, 4% or 5%; and if he will make a statement on the matter. [25375/10]

I am advised by the Revenue Commissioners that the estimated full year yield to the Exchequer from increasing the Capital Acquisitions Tax rate by 1%, 2%, 3%, 4% or 5%, based on the Budget estimate of €240 million for 2010, could be in the region of €9.5 million, €19 million, €29 million, €38 million and €48 million respectively.

It should be noted that this estimate is based upon an assumption that there would be no behavioural impact of such an increase, which could lead to a less than expected result from a change to the tax rate. In addition, the realisation of any estimated yield from an increase in taxation on assets relating to property is subject to movements in the value of such assets, which are currently occurring in the economy.

A basis for providing corresponding figures for 2011 is not yet available.

Joan Burton

Question:

151 Deputy Joan Burton asked the Minister for Finance the expected yield in 2010 and 2011 from increasing the rate of capital gains tax by 1%, 2%, 3%, 4% or 5%; and if he will make a statement on the matter. [25376/10]

I am informed by the Revenue Commissioners that the estimated full year gain from increasing the rate of Capital Gains Tax (CGT) by 1% is €16 million; by 2% is €32 million; by 3% is €48 million; by 4% is €64 million; and by 5% is €80 million. These estimates assume no behavioural changes on the part of taxpayers.

CGT is very dependent on individual behaviour and a change in rate may not produce a corresponding increase or decrease in tax yield. In current economic conditions any estimate of additional yield must be treated with caution. In addition, increasing the rate could, in theory, lead to a reduction in yield from the tax.

A basis for providing corresponding figures for 2011 is not yet available.

Joan Burton

Question:

152 Deputy Joan Burton asked the Minister for Finance the expected yield in 2010 and 2011 from introducing a tax at the rate of one cent per text on mobile telephone texts; and if he will make a statement on the matter. [25377/10]

I am informed by the Commission for Communications Regulation (ComReg) that no projections are made for mobile telephone usage, whether calls or texts. The only basis for estimating the yield from a tax on text messages is the figures for mobile telephone usage per quarter supplied by the companies to ComReg. In the 12 months to end December 2009, the last 12 month period for which figures are available, over 11.912 billion SMS messages and over 56 million MMS messages were sent in Ireland, a total of over 11.969 billion messages. At those usage rates, a levy of one cent on such messages could raise c. €119 million per annum. However, this potential yield does not take account of any behavioural impact that might result if a levy was directly imposed on customers or imposed on the mobile phone companies and passed on to customers.

While I am not aware of a similar tax anywhere else in the world, I would point out to the Deputy that text messages are already subject to VAT at 21%.

Joan Burton

Question:

153 Deputy Joan Burton asked the Minister for Finance the expected yield in 2010 and 2011 from the imposition of a cap of €50,000 on artists’ tax exemption; and if he will make a statement on the matter. [25378/10]

It is assumed that the imposition of a cap of €50,000 as mentioned in the question would have the effect of withdrawing the tax exemption from all qualifying income in excess of €50,000. On this basis, I am advised by the Revenue Commissioners that the full year yield to the Exchequer, estimated by reference to the claims for the exemption made in income tax returns for the tax year 2007, the latest year for which the necessary detailed information is available, could have been of the order of €20 million.

However, it should be noted that this figure does not take account of the current application of the restriction of reliefs measure to the exemption of certain earnings of writers, composers and artists and thus the actual yield achievable at this stage could be significantly lower. The restriction was originally provided for in section 17 of Finance Act 2006 and was significantly tightened in Section 23 of Finance Act 2010. Individuals are now subject to the restriction where they have adjusted income of €125,000 and claim specified tax reliefs of €80,000 or more. Those subject to the full restriction will pay an effective income tax rate of 30% in addition to PRSI and levies.

In addition, it must be stressed that this estimate assumes no significant behavioural change on the part of the affected taxpayers. Moreover, the application of income tax to this income source could also lead to additional claims being made for expenses and allowances by persons currently exempt.

Joan Burton

Question:

154 Deputy Joan Burton asked the Minister for Finance the expected yield in 2010 and 2011 from the abolition of tax relief on trade union subscriptions; and if he will make a statement on the matter. [25379/10]

I am informed by the Revenue Commissioners that the most recent year for which the necessary detailed information is available regarding tax relief for trade union subscriptions is the income tax year 2006, in which the cost to the Exchequer is estimated at approximately €19 million. On this basis, the full year yield to the Exchequer of abolishing tax relief for trade union subscriptions would be of the same order, although it should be noted that the value of the relief was increased from €300 to €350 in Budget 2008. At that time, it was estimated that the increase in the relief would cost approximately €3 million in a full year.

Joan Burton

Question:

155 Deputy Joan Burton asked the Minister for Finance the expected yield in 2010 and 2011 from the abolition of heritage relief; and if he will make a statement on the matter. [25380/10]

I am advised by the Revenue Commissioners that estimates of the full year cost to the Exchequer of tax reliefs for heritage items and property are reproduced in the following table:

Heritage Relief

Year

Cost

€m

Payment of tax by means of donation of heritage items.

2009

0.7

Payment of tax by means of donation of heritage property to the Irish heritage trust.

2009

0.0

Income tax relief for expenditure on heritage buildings and gardens.

2006

6.0

CAT exemption for heritage property and heritage property of companies.

2008

0.0

On this basis, the full year yield to the Exchequer of abolishing these reliefs would be of the same order.

A basis for providing corresponding figures for 2010 and 2011 is not yet available.

Joan Burton

Question:

156 Deputy Joan Burton asked the Minister for Finance the expected yield in 2010 and 2011 from the imposition of a cap of €200,000 on public sector salaries; and if he will make a statement on the matter. [25381/10]

Joan Burton

Question:

157 Deputy Joan Burton asked the Minister for Finance the expected yield in 2010 and 2011 from the implementation of a cap of €175,000 on public sector salaries; and if he will make a statement on the matter. [25382/10]

Joan Burton

Question:

158 Deputy Joan Burton asked the Minister for Finance the expected yield in 2010 and 2011 from increasing the public sector pension levy by 1% on salaries between €150,000 and €200,000; and if he will make a statement on the matter. [25383/10]

I propose to takes Questions Nos. 156 to 158, inclusive, together.

The implementation of the pay reductions provided for under the Financial Emergency Measures in the Public Interest (No. 2) Act, 2009 substantially altered the range of earnings of public servants to that which applied in 2009. The estimates sought by the Deputy are based upon the pay reductions implemented with effect from 1 January 2010.

A substantial cohort of staff, principally medical consultants, who were earning in excess of €200,000 in 2009 are, after the implementation of the pay reduction, encompassed by the proposed pay cap thresholds of €175,000 and €200,000. On this basis, it is estimated that if a cap was imposed on public sector salaries at €200,000 it would yield savings in the region of €1.6m in 2010 and €3.1m on a full year basis in 2011, while it is estimated that a similar cap on salaries at €175,000 would produce savings of the order of €9.1m in 2010 and €18.2m on a full year basis in 2011.

The estimated yield through the application of an increase of an additional 1% in the pension levy on all earnings in the case of those earning above €150,000 would be in the region of €2.5m in 2010 and €5m on a full year basis in 2011.

Joan Burton

Question:

159 Deputy Joan Burton asked the Minister for Finance the expected yield in 2010 and 2011 from the abolition of performance related pay in the public sector, including the Civil Service and the Health Service Executive; and if he will make a statement on the matter. [25384/10]

It is estimated that the abolition of performance related awards in the public service would yield approximately €8.0 million in 2010 and 2011.

Tax Code

Joan Burton

Question:

160 Deputy Joan Burton asked the Minister for Finance the expected cost to the Exchequer in 2010 and 2011 of tax relief on rental income for residential properties and for commercial properties; and if he will make a statement on the matter. [25385/10]

I am informed by the Revenue Commissioners that based on personal income tax returns filed by non-PAYE taxpayers for the year 2008, the latest year for which this information is available, the amount of tax foregone by allowing a deduction for interest on borrowings to be offset against rental income assessable under Case V, Schedule D is estimated to have been of the order of €1,150 million.

This estimate is based on assuming that tax relief was allowed at the top income tax rate of 41% and the figure provided could therefore be regarded as the maximum Exchequer cost in respect of those taxpayers. I am advised by the Revenue Commissioners that they are not in a position to provide data for 2009 and later years as the tax returns for that year and subsequent years are not yet due.

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

It should be noted that any corresponding data returned by PAYE taxpayers in the income tax return form 12 is not captured in the Revenue computer system. However, any PAYE taxpayer with non-PAYE income greater than €3,174 is required to complete an income tax return form 11. This return is the source of the figures provided in this reply.

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

Joan Burton

Question:

161 Deputy Joan Burton asked the Minister for Finance the expected cost to the Exchequer in 2010 and 2011 of property related tax schemes, including legacy schemes that are now closed; and if he will make a statement on the matter. [25386/10]

I am informed by the Revenue Commissioners that the relevant information available on the cost to the Exchequer of all property related tax schemes is based on personal income tax returns filed by non-PAYE taxpayers and corporation tax returns filed by companies for the year 2008, the latest year for which this information is available. These are set out in the following table:

Scheme

2008

€m

Urban Renewal

84.5

Town Renewal

23.7

Seaside Resorts

5.7

Rural Renewal

34.2

Multi-storey car parks

6.6

Living over the Shop

2.5

Enterprise Areas

2.5

Park & Ride

0.7

Holiday Cottages

10.8

Hotels

114.7

Nursing Homes

19.4

Housing for the Elderly/Infirm

3.0

Hostels

0.66

Guest Houses

0.11

Convalescent Homes

0.5

Qualifying (Private) Hospitals

11.8

Qualifying Sports Injury Clinics

1.5

Buildings Used for Childcare Purposes

12.0

Mental Health Centres

0.0

Student Accommodation

22.7

Registered Caravan Parks

0.6

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).

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

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

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. Accordingly, I am not in a position to provide the projected cost data requested by the Deputy for the years 2010 and 2011 in relation to the above-mentioned reliefs.

Tax Yield

Joan Burton

Question:

162 Deputy Joan Burton asked the Minister for Finance the yield to the Exchequer from an increase of 1 cent, 5 cent, 10 cent and 50 cent in the excise duty on 20 cigarettes, and a pro rata increase in excise on other tobacco products; and if he will make a statement on the matter. [25387/10]

Joan Burton

Question:

163 Deputy Joan Burton asked the Minister for Finance the yield to the Exchequer from an increase of 1 cent, 5 cent, 10 cent and 50 cent in the excise duty on a pint of beer; and if he will make a statement on the matter. [25388/10]

Joan Burton

Question:

164 Deputy Joan Burton asked the Minister for Finance the yield to the Exchequer from an increase of 5 cent, 10 cent and 50 cent in the excise duty on a litre of wine; and if he will make a statement on the matter. [25389/10]

Joan Burton

Question:

165 Deputy Joan Burton asked the Minister for Finance the yield to the Exchequer from an increase of 5 cent, 10 cent and 50 cent in the excise duty on a pint of cider; and if he will make a statement on the matter. [25390/10]

I propose to take Questions Nos. 162 to 165, inclusive, together.

I am informed by the Revenue Commissioners that the full year yields arising from the increases requested, inclusive of VAT, are as set out in the following table:

1 cent, inclusive of VAT

5 cent, inclusive of VAT

10 cent, inclusive of VAT

50 cent, inclusive of VAT

Est Yield €m

Est Yield €m

Est Yield €m

Est Yield €m

Beer

Pint

7.2

36.0

71.4

337.9

Cider

Pint

5.1

10.1

47.8

Wine

75cl Bottle

3.1

6.2

29.2

Cigarettes

Pack of 20

1.6

7.9

15.8

77.8

Joan Burton

Question:

166 Deputy Joan Burton asked the Minister for Finance the yield to the Exchequer from an increase of 5 cent, 10 cent and 50 cent in the excise duty on a litre of petrol; and if he will make a statement on the matter. [25391/10]

Joan Burton

Question:

167 Deputy Joan Burton asked the Minister for Finance the yield to the Exchequer from an increase of 5 cent, 10 cent and 50 cent in the excise duty on a litre of autodiesel; and if he will make a statement on the matter. [25392/10]

I propose to take Questions Nos. 166 and 167 together.

I am informed by the Revenue Commissioners that the estimated full year yield to the Exchequer from Mineral Oil Tax in respect of petrol and auto-diesel at the stated increases, inclusive of VAT, is as follows:

Excise Duty Increase (inclusive of VAT)

Estimated Yield for Petrol

Estimated Yield for Auto-diesel

€m

€m

5 cent

86.9

96.0

10 cent

172.1

190.3

50 cent

806.2

883.3

Joan Burton

Question:

168 Deputy Joan Burton asked the Minister for Finance further to Parliamentary Question No. 298 of 6 October 2009, the amount of tax revenue which would be raised on a 2011 and full year basis by introducing a minimum effective tax rate for those availing of all tax reliefs, that is by expanding the list of specified reliefs to which the minimum effective tax rate is currently applied, to include all tax reliefs including tax credits at earnings thresholds of €500,000, €250,000, €200,000, €150,000, €125,000, and €100,000, if he will estimate the amount of tax revenue which would be raised on a 2011 and full year basis at each of the thresholds above if the minimum effective tax rate was set at 30%. [25393/10]

The existing restriction of reliefs, or horizontal measure is activated where individuals have an adjusted income of €125,000 and claim specified reliefs of €80,000 or more. Those subject to the full restriction, at adjusted incomes of €400,000 or greater, will pay an effective income tax rate of 30% in addition to PRSI and levies.

The list of specified reliefs that are subject to the restriction are set out in Schedule 25B of the Taxes Consolidation Act 1997. Broadly, the reliefs restricted are the various property based tax incentives and certain other reliefs such as the Business Expansion Scheme, film relief and donations relief. Also restricted are certain tax exemptions including artistic income and patent royalties. The normal deductible items available to the broad range of taxpayers such as medical expenses, trade union subscriptions, the personal tax credits and exemptions such as that for child benefit are not restricted. Similarly, normal business expenses and deductions for capital allowances on plant and machinery, as well as genuine business related trading losses are not restricted.

The calculations requested by the Deputy on the basis of restricting all tax reliefs and tax credits could only be provided by a significant development of the costing model, which would be prohibitive in terms of the resources required.

Tax Code

Joan Burton

Question:

169 Deputy Joan Burton asked the Minister for Finance the cost to the Exchequer of the rent relief for private accommodation scheme and the yield in 2011 from the abolition of this relief. [25394/10]

I am informed by the Revenue Commissioners that the most recent year for which the necessary detailed information is available regarding the rent relief for private accommodation scheme is the income tax year 2006, in which the cost to the Exchequer is estimated at approximately €64 million. On this basis, the full year yield to the Exchequer of abolishing the rent relief for private accommodation scheme would be of the same order, although it should be noted that the value of the relief was increased in Budgets 2007 and 2008. A basis for providing an estimate of yield in 2011 from abolition is not available.

State Banking Sector

Joan Burton

Question:

170 Deputy Joan Burton asked the Minister for Finance the reason Anglo Irish Bank website advertises under the heading Business Banking, that at Anglo Irish Bank we understand your business needs; we provide clients with the following services: Corporate Lending, Asset Finance, Film Finance, International Trade and so on (details supplied) in view of the fact that in 2009 Anglo Irish Bank entered into a subscription agreement with the Government which, in line with EU guidance, required that all new lending was to be solely to the bank’s existing customer base, to be confined to amounts which were previously committed or approved to protect asset quality and to be aimed at reducing overall risk to the bank; and if he will make a statement on the matter. [25463/10]

As the Deputy is aware under the Relationship Framework the day-to-day operations of the bank are the responsibility of the Board of Anglo Irish Bank. In view of this it is the responsibility of the Bank to ensure that the content on the website is regularly reviewed and changed in response to the changing business environment facing the Bank.

Some of the content highlighted by the Deputy has been amended to reflect the changed circumstances of the Bank. This process is continuing with the objective of accurately reflecting the Bank's position as it now stands and is expected to be completed shortly.

Tax Code

Brian O'Shea

Question:

171 Deputy Brian O’Shea asked the Minister for Finance the proposals he has in regard to the taxing of disablement pension gratuities and payments; and if he will make a statement on the matter. [25480/10]

I understand that the Deputy is referring to the tax treatment of disablement payments from the Department of Social Protection. The position is that where the Department of Social Protection pays a disablement pension to an individual, such pension is taxable. However, where the Department of Social Protection does not pay a disablement pension to an individual but instead pays that individual a ‘one off' payment in respect of that individual's disablement, then such ‘one off' payment is not taxable.

Tax Yield

Michael Ring

Question:

172 Deputy Michael Ring asked the Minister for Finance the tax take on a specific price range of vehicles (details supplied) in the past year in tabular format. [25521/10]

I am informed by the Revenue Commissioners that the amount of tax payable, on a price range of cars valued between €15,000 and €45,000 as requested, for each of the CO2 Emissions Categories is shown in the table below:

CO2 Emissions

0-120g

121-140g

141-155g

156-170g

171-190g

191-225g

226g and Over

VRT Rate

14%

16%

20%

24%

28%

32%

36%

Sample Price

15,000

15,000

15,000

15,000

15,000

15,000

15,000

VRT

2,100

2,400

3,000

3,600

4,200

4,800

5,400

VAT

2,239

2,187

2,083

1,979

1,874

1,770

1,666

Total

4,339

4,587

5,083

5,579

6,074

6,570

7,066

Sample Price

20,000

20,000

20,000

20,000

20,000

20,000

20,000

VRT

2,800

3,200

4,000

4,800

5,600

6,400

7,200

VAT

2,985

2,916

2,777

2,638

2,499

2,360

2,221

Total

5,785

6,116

6,777

7,438

8,099

8,760

9,421

Sample Price

25,000

25,000

25,000

25,000

25,000

25,000

25,000

VRT

3,500

4,000

5,000

6,000

7,000

8,000

9,000

VAT

3,731

3,645

3,471

3,298

3,124

2,950

2,777

Total

7,231

7,645

8,471

9,298

10,124

10,950

11,777

Sample Price

30,000

30,000

30,000

30,000

30,000

30,000

30,000

VRT

4,200

4,800

6,000

7,200

8,400

9,600

10,800

VAT

4,478

4,374

4,165

3,957

3,749

3,540

3,332

Total

8,678

9,174

10,165

11,157

12,149

13,140

14,132

Sample Price

35,000

35,000

35,000

35,000

35,000

35,000

35,000

VRT

4,900

5,600

7,000

8,400

9,800

11,200

12,600

VAT

5,224

5,102

4,860

4,617

4,374

4,131

3,888

Total

10,124

10,702

11,860

13,017

14,174

15,331

16,488

Sample Price

40,000

40,000

40,000

40,000

40,000

40,000

40,000

VRT

5,600

6,400

8,000

9,600

11,200

12,800

14,400

VAT

5,970

5,831

5,554

5,276

4,998

4,721

4,443

Total

11,570

12,231

13,554

14,876

16,198

17,521

18,843

Sample Price

45,000

45,000

45,000

45,000

45,000

45,000

45,000

VRT

6,300

7,200

9,000

10,800

12,600

14,400

16,200

VAT

6,717

6,560

6,248

5,936

5,623

5,311

4,998

Total

13,017

13,760

15,248

16,736

18,223

19,711

21,198

Motor Fuels

Liz McManus

Question:

173 Deputy Liz McManus asked the Minister for Finance his views on a statement from an association (details supplied) that petrol and diesel prices are up approximately 10% since January 2010 and that this rise is mainly due to taxation; and if he will make a statement on the matter. [23032/10]

In early January 2010 petrol was on average around 122.9 cent per litre and auto-diesel 114.9 cent per litre. Currently they are around 133.9 and 124.9 cent per litre respectively. The carbon tax, inclusive of VAT, amounted to around 4.2 cent in the case of petrol and 4.9 cent on auto-diesel. However it should be noted that the carbon tax applied to such fuels released from warehouse after Budget night 9 December 2009, and furthermore the standard rate of VAT was reduced from 21.5% to 21% with effect from 1 January 2010. Consequently, while tax may have contributed somewhat to the increase in fuel prices, the main contributing factors to the increase in fuel prices since early January 2010 arise outside of taxation.

Tax Code

Liz McManus

Question:

174 Deputy Liz McManus asked the Minister for Finance if he plans to exempt gas fired combined heat and power from carbon tax in the next budget; and if he will make a statement on the matter. [23029/10]

CHP is an energy efficient process that I have supported through the introduction of generous tax reliefs such as capital allowances and consequently I do not think it appropriate to put in place a further tax subsidy. We need to ensure the carbon tax has a broad base and I don't want to undermine that principle. I would also like to point out that a long-term impact of the carbon tax will be to incentivise energy efficient processes such as CHP.

Liz McManus

Question:

175 Deputy Liz McManus asked the Minister for Finance if he will comment on claims that just €130 million from the €250 million revenue gained from the carbon levy has been going to earmarked schemes; if he will outline the energy efficiency measures to benefit from the carbon tax; the percentage of revenue gained from the carbon tax that will be spent on energy efficiency measures in 2010; and if he will make a statement on the matter. [23020/10]

It is estimated that the carbon tax, inclusive of VAT, will yield approximately €250 million in 2010. The revenue will, amongst other things, be used to boost energy efficiency, to support rural transport and to alleviate fuel poverty. It is the general practice not to ring-fence revenues for specific purposes but rather take an overall view on priorities in the context of Expenditure decisions which, of course, are dependent on Exchequer revenues. In this regard revenues from the carbon tax will facilitate investment in the aforementioned areas.

Departmental Properties

Jim O'Keeffe

Question:

176 Deputy Jim O’Keeffe asked the Minister for Finance the capital value of the property portfolio of the Office of Public Works for the year 2009; the basis on which this has been computed; and if he will make a statement on the matter. [24651/10]

For the major part of the portfolio, valuation estimates are based on building cost norms, and standard land values have been used.

Prestige buildings included in the valuation, such as Dublin Castle, Leinster House and the National Gallery, are valued differently, given their unique status.

The capital value of the property portfolio of the Office of Public Works as attributed for the purpose of the Appropriation Account, at 31 December 2009 was approximately €3.2 billion.

Properties under the State ownership of other Ministers, for example certain heritage properties, including national monument properties, are excluded from the valuation.

Tax Code

Sean Fleming

Question:

177 Deputy Seán Fleming asked the Minister for Finance further to Parliamentary Question No. 89 of 2 June 2010, the number of taxpayers, including individuals and companies, who made claims under the following schemes in 2007 and 2008, urban renewal, town renewal, seaside resorts, rural renewal, multi-storey car parks, living over the shop, enterprise areas, park and ride, holiday cottages, hotels, nursing 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, mental health centres, student accommodation and registered caravan parks in tabular form; if the building had to be completed and occupied for the specific purpose to qualify for allowances in respect of taxpayers who constructed or incurred expenditure in relation to each of these headings; and if he will make a statement on the matter. [25569/10]

I am informed by the Revenue Commissioners that the relevant information available on the number of taxpayers, including individuals and companies, who made claims under the following schemes is based on personal income tax returns filed by non-PAYE taxpayers and corporation tax returns filed by companies for the years 2007 and 2008. These are set out in the following table:

Number of Taxpayers

SCHEMES

2007

2008

Urban Renewal

3,501

3,271

Town Renewal

1,128

965

Seaside Resorts

1,231

1,051

Rural Renewal

2,807

2,634

Multi-storey car parks

147

136

Living over the Shop

93

81

Enterprise Areas

137

138

Park & Ride

33

19

Holiday Cottages

832

833

Hotels

1,893

1,966

Nursing Homes

687

725

Housing for the Elderly/Infirm

166

179

Hostels

24

21

Guest Houses

8

10

Convalescent Homes

27

33

Qualifying (Private) Hospitals

325

330

Qualifying Sports Injury Clinics

59

58

Buildings used for child care purposes

420

511

Mental Health Centres

6

4

Student Accommodation

941

790

Registered Caravan Parks

N/A

10

The information available on the numbers of claimants 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.

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).

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.

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

I have also been given information by the Revenue Commissioners in relation to when a building can qualify for allowances. This depends on the particular scheme or type of building. In general, buildings that are to be used for commercial purposes in the various area-based schemes, such as the Urban Renewal Scheme, can qualify for allowances in a number of ways. In the case of an initial allowance (i.e. an accelerated up-front allowance), the allowance is given for the chargeable period in which the expenditure is incurred or, in the case of a lease, the chargeable period in which the tenancy commences. Annual allowances are given when the building is in use for the purposes of a trade or profession or, in the case of a lease, when the building has been let on bona fide, arm's length commercial terms. Thus, it is not necessary in all cases that the building be occupied for a specific purpose before allowances are given.

In general, in the case of the sectoral schemes, such as hotels, nursing homes and hospitals, the building has to be in use for a specific purpose before allowances are given. This is the case whether the building is occupied by an owner-operator or is leased. However, in the case of residential units associated with registered nursing homes, the allowances can be claimed when the units have been leased to the nursing home for onward leasing to the elderly or infirm tenants.

In the case of residential buildings, ‘section 23' type relief and the relief under the Countrywide Refurbishment scheme are given when the building has been leased, while owner-occupier relief is given when the building is occupied by the owner of the building.

This information is given in tabular form below. The table that was recently given to the Deputy in the reply to Parliamentary Question Number 23749 has been adapted for this purpose.

Schemes

Initial Allowance

When allowances given

1. Commercial

Urban Renewal 1994

25%

In use for trade or profession or let

Customs House Dock

50%

In use for trade or profession or let

Temple Bar Area

50%/25%

In use for trade or profession or let

Seaside Resorts

50%

In use for specified purpose or let

Enterprise Areas

25%/50%

In use for specified purpose or let

Urban Renewal 1999

50%

In use for trade or profession or let

Multi-storey Car Parks

50%

In use for specified purpose or let

Town Renewal

50%

In use for trade or profession or let

Rural Renewal

50%

In use for trade or profession or let

Living over the Shop

50%

In use for trade or profession or let

Park and Ride

50%

In use for specified purpose or let

Third Level Buildings

No

In use for specified purpose

Qualifying Sports Injury Clinics

No

In use for specified purpose

Hotels

No

In use for specified purpose

Childcare Facilities

100%

In use for specified purpose

Holiday Cottages

No

In use for specified purpose

Nursing Homes

No

In use for specified purpose

Housing for elderly/infirm

No

In use for specified purpose or let to associated registered nursing home

Convalescent Homes

No

In use for specified purpose

Qualifying Hospitals

No

In use for specified purpose

Qualifying Mental Health Centres

No

In use for specified purpose

Specialist Palliative Care Units

No

In use for specified purpose (scheme awaiting Commencement Order)

Mid-Shannon Corridor Tourism Infrastructure Scheme

No

In use for specified purpose

Registered Guest Houses & Holiday Hostels

No

In use for specified purpose

Registered Holiday Camps

No

In use for specified purpose

Registered Caravan & Camping Sites

No

In use for specified purpose

2. Residential

Section 23 relief (incl Student Accommodation)

No

Building let

Owner-Occupier relief

No

Building occupied by owner

Countrywide Refurbishment

No

Building let

Tobacco Smuggling

Brian O'Shea

Question:

178 Deputy Brian O’Shea asked the Minister for Finance his views on the key actions from the UK 2008 Strategy, Tackling Tobacco Smuggling Together (details supplied); and if he will make a statement on the matter. [25570/10]

I am advised by the Revenue Commissioners that they are familiar with the UK strategy paper on tackling tobacco smuggling referred to and that in many respects its content mirrors the overall approach taken by Revenue in regard to tobacco smuggling.

With regard to particular aspects outlined, I can advise the Deputy that Revenue works closely with the legitimate tobacco industry, including individual manufacturers and ITMAC, to identify current trends and trading patterns with a view to detecting illicit cigarettes on sale in the State. Liaison and sharing of information also takes place with the Office of Tobacco Control. Ireland, together with other Member States and the EU Commission, has signed international anti-smuggling agreements with Philip Morris International and Japan Tobacco International and agreements with other tobacco manufacturers are pending.

With regard to performance reporting, Revenue regularly publishes, both in press releases and on its website, details of major tobacco seizures and of convictions for tobacco smuggling and its Annual Report provides yearly statistics in this regard.

In considering the level of Customs controls at Irish ports and airports it must be borne in mind that a large majority of tobacco smuggled to Ireland by passengers comes via intra-Community flights, in particular those arriving from some of the new Member States in Eastern Europe. In this regard the operating environment for Customs has been shaped to a significant degree by the introduction of the EU Internal Market and the related principles of freedom of movement. Of specific relevance is the abolition of routine and systematic Customs checks on goods and passengers moving within any part of the EU. In this context specialist intelligence teams based at all the main airports use profiling and risk analysis together with detector dogs to assist them in identifying contraband.

The main volumes of illicit tobacco arrive in Ireland through maritime freight. The strategy utilised to counter this involves the use of intelligence and profiling techniques, together with the latest scanning technology, to detect contraband in containers. In this regard Revenue recently acquired a second Mobile Container Scanner for use in the State's ports.

In excess of thirty voluntary cooperation agreements have been signed by Revenue with port and airport operators, carriers and freight agents. In addition, Revenue continues to receive informal assistance from a wide spectrum of the import/export trade.

Revenue works closely with the European Anti- Fraud Office, OLAF in their efforts at tackling the illicit sale of tobacco. Revenue also provides and receives intelligence from other Customs Administrations. This international cooperation and sharing of intelligence and expertise plays an important role in combating illegal tobacco smuggling on a global scale.

There is also close co-operation with An Garda Síochána and multi-agency operations are mounted where appropriate to detect the distribution and sale of illicit tobacco products. In particular, since 2008 enforcement officers have been conducting checks at retail outlets, markets and distribution centres in an ongoing operation entitled "Downstream". This operation focuses on seizing illicit cigarettes that evaded detection at the point of importation.

On the legislative front, my Department, in consultation with Revenue, regularly reviews the adequacy of the legislative framework supporting the overall enforcement strategy. In this context the penalties for smuggling were significantly increased in this year's Finance Act.

National Solidarity Bond

Jim O'Keeffe

Question:

179 Deputy Jim O’Keeffe asked the Minister for Finance the details of the uptake to 31 May 2010 of the National Solidarity Bond including the number of applicants and the total amounts. [24652/10]

In Budget 2010, I announced the Government's intention to launch a National Solidarity Bond, the purpose of which is to allow citizens an opportunity to invest and provide money to the State to stimulate economic recovery and to assist in the maintenance and creation of employment. The necessary legislative basis was provided in this year's Finance Act and the Bond was launched on Tuesday 4 May.

As of Friday last, 11 June, a total of €47 million had been invested by 1,800 customers. On average, this means that, each working day since it was launched, some 64 customers invested a total of €1.7 million in the Bond.

The Deputy asked specifically for the uptake on the Bond to Monday 31 May. As of that date, the amount invested in the Bond was approximately €34 million from 1,300 customers.

Brochures, application forms, terms and conditions and Frequently Asked Questions on the National Solidarity Bond are available on the internet (www.StateSavings.ie) and additional information is available from a dedicated telephone line 1850 30 50 60 or by visiting any Post Office.

Pension Provisions

Denis Naughten

Question:

180 Deputy Denis Naughten asked the Minister for Finance if he will furnish the details requested in Parliamentary Question No. 299 of 19 January 2010; and if he will make a statement on the matter. [25647/10]

I refer the Deputy to my reply to a similar question on 13th May, 2010. While some of the Bodies have produced preliminary estimated figures for the value of the assets and liabilities of the funds, final valuations as at the transfer dates will only be available when the audited accounts of the funds are finalised. I would be happy to advise the Deputy when I receive the final audited accounts for each of the funds.

Banks Recapitalisation

Richard Bruton

Question:

181 Deputy Richard Bruton asked the Minister for Finance if he has audited the delivery of lending commitments by banks (details supplied) made as part of the €7 billion recapitalisation agreement in 2009; and if he will make a statement on the matter. [25654/10]

As part of the recapitalisation package announced on 11 February, Allied Irish Bank and Bank of Ireland committed to increase lending capacity to small and medium enterprises (SMEs) by 10% and to provide an additional 30% capacity for lending to first time buyers in 2009. AIB and Bank of Ireland also committed to public campaigns to actively promote small business lending at competitive rates with increased transparency on the criteria to be met.

Both my officials and the Financial Regulator receive quarterly reports in relation to the lending commitments made. The performance of the banks in this regard was published in the NAMA supplementary information booklet (blue book). The main highlights showed that AIB and Bank of Ireland both lent in excess of €2.5bn to SMEs in 2009 while there was significant lending to FTBs. Both banks have maintained a strong presence in the promotion of mortgages to FTBs.

In the context of NAMA and the associated recapitalisations I sought further contributions to economic recovery from the banks. In my statement on 30 March I announced further specific lending targets on the main business banks, AIB and Bank of Ireland. They will make available for targeted lending not less than €3 billion each for new or increased credit facilities to SMEs in both 2010 and 2011. The two banks have each submitted SME lending plans both by geography and sector for 2010 and 2011 in light of the €3 billion target. These plans are being reviewed by my officials and Mr. John Trethowan, the Credit Reviewer.

National Asset Management Agency

Bernard J. Durkan

Question:

182 Deputy Bernard J. Durkan asked the Minister for Finance if there is any evidence to the effect that some housing estates, partially constructed or otherwise incomplete, are being stripped out and the fittings disposed of; if such alleged activity relates to any developments acquired by the National Asset Management Agency or other interested parties including financial institutions in which NAMA has an interest; if approval for such activity has been sought, granted or is pending on such matters; and if he will make a statement on the matter. [25659/10]

Participating institutions have a duty under section 71 of the NAMA Act 2009 to administer, service and deal with all eligible bank assets with professional skill, care and diligence. In addition, NAMA has powers under section 141 of the Act to take measures to protect the value or conditions of land or buildings where it has acquired bank assets secured by a charge over land.

The transfer of the first tranche of loans from the five participating institutions concluded last month. At this early stage, NAMA has taken over only the loans of the largest borrowers and has not realised any underlying securities.

NAMA has advised me that it is not aware of developments in which its borrowers have an interest being stripped out of fittings in the manner in which he has described. There is an onus on such borrowers to take appropriate security measures to protect such property.

If the Deputy is aware of instances of possible illegal activities, he should bring the matter to the attention of the appropriate authorities.

Banking Sector Regulation

Joan Burton

Question:

183 Deputy Joan Burton asked the Minister for Finance his views on the recent statement by the Financial Services Ombudsman calling for a change in the law allowing that office to name financial institutions which it has found against; his plans to introduce such legislation; and if he will make a statement on the matter. [25664/10]

The Financial Services Ombudsman has requested the power to name institutions where it is in the public interest to do so. I am now reviewing the issue. My officials have sought legal advice to help inform the deliberations to formulate a clear policy position. This is a complex issue which requires detailed examination prior to bringing forward legislation. For example, the criteria for publishing would have to be identified in the legislation. Any amendment to the current legislation would need to be validated, justified and applied in an objective and reasonable manner to all financial services providers. I will reflect on the options and consider possible legislative solutions in the context of the second Central Bank Reform Bill later this year.

Joan Burton

Question:

184 Deputy Joan Burton asked the Minister for Finance his plans to change the law allowing the levies imposed by the Financial Services Ombudsman to be imposed in proportion to the number of proven complaints against each institution as is the case in the UK in an effort to encourage banks and other financial institutions to improve conduct of business and customer complaints handling procedures; and if he will make a statement on the matter. [25665/10]

The Financial Services Ombudsman Council determines, by regulation, the levies and charges payable by each financial service provider. The regulations do not take effect until I consent to their making. The regulations prescribe the amount of the levies and the charges that are to apply to specified classes of financial service providers. All such providers contribute towards the funding of the Financial Services Ombudsman and of the Council. Now that the office is 5 years in existence I am advised that the Ombudsman and the Council are to review the method for determining the levies and charges and their manner of collection.

I am advised that a legislative change is not required should the Ombudsman and the Council wish to amend the methodology of determining the levies and the manner of collection.

Joan Burton

Question:

185 Deputy Joan Burton asked the Minister for Finance if his attention has been drawn to the fact that in most jurisdictions the costs of financial regulation are paid 100% by the financial industry; his plans to amend the existing legislation requiring the financial services industry to pay 100% of the costs of regulation in the proposed Central Bank Commission compared to just 50% at present; and if he will make a statement on the matter. [25666/10]

Primary legislation would not be necessary to achieve 100% industry funding of financial regulation and the Central Bank Reform Bill 2010 does not contain any specific proposals in this regard. However, I have asked officials in my Department to undertake a process of consultation with the Central Bank and Financial Services Regulatory Authority and representatives of the financial services industry with a view to examining how we might move towards 100% funding of the regulation of financial services by the industry. The Governor of the Central Bank, in a statement to the financial services industry in December 2009, also signalled his expectation of an increasing degree of industry funding for financial regulation.

Under the provisions of the Central Bank Act 1942 (Section 33J) Regulations 2009 a supplementary levy was imposed on credit institutions covered by the Credit Institutions (Financial Support) Scheme 2008 which is designed to recoup 100% of the costs of the more intensive level of supervision necessary to ensure compliance by relevant credit institutions with the provisions of the Scheme.

Banks Recapitalisation

Joan Burton

Question:

186 Deputy Joan Burton asked the Minister for Finance if the policy of curtailing performance bonuses in Allied Irish Banks and Bank of Ireland announced on 11 February 2009 as part of the recapitalisation programme will be continued for the foreseeable future; if he will confirm that no bonuses have been sanctioned in 2009 or to date in 2010; if he will confirm that he does not propose to sanction any bonuses in 2010; and if he will make a statement on the matter. [25667/10]

The provision for the curtailment of performance bonuses for senior executives of the named institutions is contained in the respective Subscription Agreements for the preference share investment by the National Pensions Reserve Fund Commission in each of these institutions. These Agreements specify that no performance bonuses for senior executives are to be paid for the years 2009 and 2010. Thereafter, any proposal to pay an annual performance bonus to any senior executive is subject to agreement between the bank concerned and the National Pensions Reserve Fund Commission. I have issued directions to the National Pensions Reserve Fund Commission governing these investments which, inter alia, require the Commission to consult me before agreeing to any changes to remuneration arrangements pursuant to the Subscription Agreements.

Financial Institutions Support Scheme

Joan Burton

Question:

187 Deputy Joan Burton asked the Minister for Finance the actions and measures he has put in place to ensure that the remuneration packages of senior executives in the financial institutions covered under the Government guarantee in 2010 are in accordance with the recommendations of the Covered Institutions Remuneration Oversight Committee report; if he has sought advice from CIROC on this matter; if he has requested the CIROC to undertake further work or supervision of remuneration policies and packages since they submitted their report in March 2009; and if he will make a statement on the matter. [25668/10]

Joan Burton

Question:

188 Deputy Joan Burton asked the Minister for Finance the actions he has taken since March 2009 to further review the remuneration plans and policies of financial institutions in view of the recommendation by the Covered Institutions Remuneration Oversight Committee in their report of March 2009, section 1.13, that the remuneration plans of the financial institutions covered under the Government guarantee required further review since the CIROC committee did not have access in March 2009 to all the relevant information to confirm if the institutions were complying with section 47 of the guarantee scheme; and if he will make a statement on the matter. [25669/10]

I propose to take Questions Nos. 187 and 188 together.

Under the terms of the Credit Institutions (Financial Support) Scheme [the Scheme], I established the Covered Institutions Remuneration Oversight Committee (CIROC) to oversee all remuneration plans of senior executives of the covered institutions. Paragraph 47 of the Scheme 2008 required that each covered institution prepare a plan to structure the remuneration packages of directors and executives so as to take account of the objectives of the Credit Institutions (Financial Support) Act 2008. For this purpose, remuneration includes total salary, bonuses, pension payments and any other benefits received from a covered institution and its group entities, or otherwise received by a director or executive arising from the performance of his or her functions as a director or executive. These plans covered executive bonuses including share options, if any.

CIROC reported on 27 February 2009, recommending reductions in prevailing base salary, bonus and pension levels for Chief Executives, Chairs and ordinary board members that it considered to be, in many cases, markedly excessive. These recommendations were then to be incorporated in revised remuneration plans of the covered institutions to reflect compliance with the Act.

CIROC fulfilled its mandate by submitting its report to me in February 2009 on the covered institutions and has no further function under the terms of the existing scheme. However, through the terms of the respective subscription agreements and/or relationship frameworks, the Government has implemented further controls on remuneration policy at the respective covered institutions beyond the provisions of CIROC.

It can be seen from the publication of the respective 2009 financial statements of the covered institutions that, taking the above into consideration, the recommendations of CIROC are generally been implemented and accordingly the objectives of Act are being taken account of by the covered institutions in setting their remuneration policies. The Deputy will be aware that exceptions to some of the CIROC recommendations have been made but these were subject to approval in advance based on particular circumstances.

On the specific issue of "pension cap" practice noted by CIROC and their view that it was unacceptable that arrangements should be put in place which would be inconsistent with the intent of the relevant legislation I specifically informed the affected institutions that this practice should cease immediately and this has happened. At two of the covered institutions payments continue to be made because of pre-existing contractual arrangements to four individuals. In all of these cases reductions in base salary and/or the "pension cash payment" have been made.

Corporate Governance

Joan Burton

Question:

189 Deputy Joan Burton asked the Minister for Finance if his Department was consulted and or had an input into the consultation paper CP 41 on corporate governance in financial institutions published by the Financial Regulator in April 2010; his views on whether the code as currently drafted is sufficient to deal with the failures of corporate governance in financial institutions here; and if he will make a statement on the matter. [25670/10]

Joan Burton

Question:

190 Deputy Joan Burton asked the Minister for Finance his views on the proposal in the draft code on corporate governance institutions to omit the provision that any director who has served more than nine years on a board is no longer deemed independent; if his attention has been drawn to the fact that this is a key provision in the Financial Reporting Council Combined Code on Corporate Governance; his views on whether this omission will weaken the code; his further views on whether this provision should be included in the code; and if he will make a statement on the matter. [25671/10]

Joan Burton

Question:

191 Deputy Joan Burton asked the Minister for Finance his views on the proposal in the draft code on corporate governance in financial institutions to omit the whistle blowing provision requiring audit committees to review arrangements by which staff of a company may, in confidence, raise concerns about possible improprieties in matters of financial reports or other matters, which is a provision in the Financial Reporting Council Combined code on corporate governance; his views on whether this omission will weaken the code; if he believes this provision should be included in the code; and if he will make a statement on the matter. [25672/10]

I propose to take Questions Nos. 189 to 191, inclusive, together.

The Financial Regulator is currently undertaking a public consultation on corporate governance through its consultation paper, Corporate Governance in Financial Institutions, published in April 2010.

The consultation paper has been prepared and issued directly by the Financial Regulator, on foot of a commitment in the renewed Programme for Government, to develop new statutory rules in relation to the governance of major financial institutions.

As the Deputy is aware the Financial Regulator is independent in the performance of its functions and my Department has not had any role in the preparation of the consultation paper.

The consultation paper sets out proposed minimum requirements as to how banks and insurance companies should organise the governance of their institutions including membership of the Board of Directors, the role of the Chairman and the operation of various board committees. It is proposed that the requirements will apply to all credit institutions and insurance companies licensed or authorised by the Financial Regulator including Irish licensed and authorised subsidiaries of international financial services groups.

The Financial Regulator's consultation paper also sets out the statutory basis on which it will implement the proposed new corporate governance rules.

It would not be appropriate for me to comment on the specific issues raised by the Deputy as these are a matter for the Financial Regulator to consider in finalising its proposed corporate governance standards. The Deputy may, however, wish to bring her views to the attention of the Financial Regulator by way of a formal submission to its consultation. I am informed that the Financial Regulator has invited views on its consultation paper up to 30 June 2010.

Financial Institutions Support Scheme

Joan Burton

Question:

192 Deputy Joan Burton asked the Minister for Finance the actions and measures he has put in place to ensure that the financial institutions covered under the Government guarantee have compiled with Section 44 of Statutory Instrument 411 of 2008, which required institutions not to pass on the costs of the guarantee in an unwarranted manner; if any studies or research have been undertaken to confirm compliance with this provision; and if he will make a statement on the matter. [25673/10]

My Department and the Financial Regulator have set up mechanisms for monitoring the financial institutions in relation to the Guarantee. The Scheme requires that covered institutions submit a compliance certificate to the Financial Regulator each quarter which must be certified by the CEO and Chairman of the institutions and reviewed by the institutions external auditors. The requirement that costs are not passed on in an unwarranted manner must be addressed under this compliance certificate. Nothing has arisen to date which suggests that the Covered Institutions are not acting in accordance with Section 44. Additionally, the Financial Regulator monitors, reviews, and approves bank charges as outlined under section 149 of the Consumer Credit Act. In particular, the Financial Regulator must be notified of any charge imposed by a bank in relation to the provision of a service to a consumer and any increase in a charge previously notified. The notification to the Financial Regulator must be accompanied by a statement of commercial justification (including a detailed statement of cost) and details of the estimated amount of additional income accruing from the proposal. The Financial Regulator can waive or reduce a fee notified to it under section 149.

Joan Burton

Question:

193 Deputy Joan Burton asked the Minister for Finance the actions the financial institutions covered under the Government guarantee have taken to comply with section 45 of Statutory Instrument 411 of 2008 on corporate social responsibility; if he will provide copies of the biannual reports submitted by the Irish Banking Federation; the progress made on the delivery of a national payments strategy, actions taken to promote financial inclusion and financial education and the implementation of the next phase of the Government’s social finance initiative; and if he will make a statement on the matter. [25674/10]

In accordance with Paragraph 45 of the Credit Institutions (Financial Support) Scheme 2008, the biannual reports on Corporate Social Responsibility are published on each institution's website. Copies of the reports are also available on the IBF website. In relation to progress on the specific issues mentioned, in 2009 the Social Finance Foundation reached agreement with twelve banks and building societies to access €72 million in funding over the period 2009-2020. This funding is being provided by the institutions at a discounted rate of interest and is key to the future of the Foundation, and the growth of social finance in Ireland. This new funding arrangement is consistent with the requirements on the "covered" financial institutions in the area of corporate social responsibility under the terms of the Government Guarantee Scheme introduced in September 2008.

In relation to payments, the Government's policy is to promote the increased use of electronic payments throughout the economy, with the longer-term objective of significant reductions, over a number of years, in the volume of paper-based payments in use throughout the economy. This policy is fully aligned and is developing in tandem with market and regulatory developments at EU level, including the Single Euro Payments Area (SEPA), the introduction of the Payment Services Directive from November 2009 and the introduction of the revised Electronic Money Directive from April 2011. In promoting this policy objective, the Government has reduced stamp duty on combined ATM cards from €10 to €5 in Budget 2009, building upon changes in the previous year's Budget. Stamp duty on cheques was also increased from 30 cent to 50 cent per cheque, to act as a further disincentive to cheque usage.

I previously indicated the need to establish new governance arrangements to further promote the development of electronic payments in our economy. As part of this process, the National Payments Implementation Programme Advisory Group has provided recommendations in a report on the possible mechanisms and mandate to further promote the development of electronic payments. I am currently considering these recommendations.

In accordance with the Government's recapitalisations in February 2009 the recapitalised banks were committed to work towards broadening the provision of basic or introductory bank accounts in order to progress financial inclusion. Specific proposals have not yet been finalised. Basic bank accounts are current accounts designed for people who are unbanked and for those who want to ensure that they cannot overdraw their account or who might not meet the banks' criteria for opening a standard current account. While the features of a basic bank account can differ the following European Commission definition captures its essence: "A basic bank account is understood as a bank account which includes services like making and receiving electronic payments for goods and services (e.g. transfers, direct debits, standing orders) and making withdrawals, but excludes any overdraft facility".

The Financial Regulator has included in its Consumer Protection Code a requirement that any measures adopted in relation to the identification of consumers should not deny a person access to financial services solely on the grounds that they do not possess certain specified identification documentation. In relation to financial education, the information and education role of the Financial Regulator was recently transferred to the National Consumer Agency (NCA). The NCA recently invited a number of stakeholders (including covered institutions) to form a working group to co-ordinate some of the key commitments in the Report of the National Steering Group on Financial Education — published in 2009. Specifically, the NCA plans to develop a workplace financial education programme.

Corporate Governance.

Joan Burton

Question:

194 Deputy Joan Burton asked the Minister for Finance the State agencies under the aegis of his Department to which the 2009 code of practice for the governance of State bodies applies; if all these agencies have submitted assurances and reports confirming compliance with the code in 2009; and if he will make a statement on the matter. [25675/10]

Joan Burton

Question:

195 Deputy Joan Burton asked the Minister for Finance if he has reviewed the compliance by State bodies that come under his remit with the code of practice for the governance of State bodies; if he will name the State bodies that have not achieved full compliance and the reason for same; the action taken by his Department and the results of same; and if he will make a statement on the matter. [25676/10]

I propose to take Questions Nos. 194 and 195 together.

As regards the bodies under the aegis of my Department, the following is the position in relation to compliance with the Code of Practice for the Governance of State Bodies.

National Treasury Management Agency

The National Treasury Management Agency's legal structure does not follow the general semi-state model in all respects. The National Treasury Management Agency is currently carrying out a detailed review of how the code can be adapted to the specific structure of the Agency and its associated bodies.

An Post National Lottery

The National Lottery Company, which operates the National Lottery under a licence issued by the Minister for Finance, is a subsidiary of An Post, which is under the aegis of my colleague, the Minister for Communications, Energy and Natural Resources. Corporate Governance of the National Lottery Company is a matter, in the first instance, for the Board of the Company and are overseen by An Post as parent company and the Department of Communications, Energy and Natural Resources as parent Department. The annual reports of the National Lottery Company for each of the years 2007, 2008 and 2009 confirm that the Company is fully compliant with the Code of Practice for the Governance of State Bodies.

Anglo Irish Bank

The Bank has confirmed in its annual report for 2009 that during 2009 the bank adopted the Code of Practice for the Governance of State Bodies and is working with my Department towards full compliance. Compliance with the code is currently being reviewed by the Department. It is likely that some elements of the code will be superseded by other reporting requirements.

Financial Services Ombudsman Council and Financial Services Ombudsman's Bureau

The Financial Services Ombudsman's Bureau have confirmed that both it and the Financial Services Ombudsman Council are compliant with the Code of Governance of State Bodies.

Irish Financial Services Appeals Tribunal

The Financial Services Appeals Tribunal have confirmed that they have a code of conduct in place which is compliant with the Code of Governance of State Bodies.

While within the current statutory provisions, the Central Bank and Financial Services Authority of Ireland are independent of the Minister for Finance in this area, I understand that the Board of the Central Bank and the Regulatory Authority have adopted codes of practice which reflect the document prepared by my Department.

Joan Burton

Question:

196 Deputy Joan Burton asked the Minister for Finance the reason the Financial Regulator is not subject to the code of practice for the governance of State bodies; his plans to change this in the upcoming legislative and regulatory reforms; and if he will make a statement on the matter. [25677/10]

In accordance with the Central Bank Act 1942 (as amended), the Treaty of Rome and the Statute of the European System of Central Banks, the Irish Financial Services Regulatory Authority as a constituent part of the Central Bank and Financial Services Authority of Ireland is an independent body and not subject to direction by the Minister for Finance in this regard. The Central Bank Reform Bill 2010 creates a single, fully-integrated Central Bank with a unitary board chaired by the Governor of the Central Bank. New and more transparent arrangements for the accountability of the Central Bank to the Minister for Finance and the Oireachtas will facilitate a more thorough and regular examination of the financial regulatory authorities including the extent to which they conform to best practice in relation to governance. However, I understand that the board of the Central Bank and the Regulatory Authority have adopted codes of practice which reflect the Code of Practice for the Governance of State Bodies prepared by my Department.

Economic Policy

Lucinda Creighton

Question:

197 Deputy Lucinda Creighton asked the Minister for Finance when the European Council will consider the European Commission’s communication COM (2010) 25; the powers the European Council has to veto the Irish budget; and if he will make a statement on the matter. [20965/10]

The European Council has taken a number of steps in recent weeks and months to safeguard the financial stability of the euro area. However, there is a broad understanding that economic governance within the euro area needs to be improved. The Commission has contributed a Communication (2010) 250 on reinforcing economic policy coordination to which I assume the Deputy refers. The President of the European Council Herman Van Rompuy has established a Task Force to look more closely at reform and is considering many of the Commission's proposals. The Task Force — of which I am a member — has met twice already and is looking at a number of issues, including a crisis resolution mechanism for the euro area, addressing macroeconomic imbalances, reinforcing the Stability and Growth Pact and enhanced budgetary coordination. In discussing these issues, a general view is emerging that all avenues for improvements that could be advanced quickly should be considered, while taking account of national budgetary procedures and the role of national parliaments. The President will provide an interim oral report to the European Council this Thursday 17 June. A final report will be made to the European Council in October.

Tax Code

Thomas P. Broughan

Question:

198 Deputy Thomas P. Broughan asked the Minister for Finance his views on the need to review the €10 air travel tax in view of the recent catastrophe for air travel and tourism here due to the Icelandic volcanic eruption; if he will publish the cost benefit analysis for the air travel tax; and if he will make a statement on the matter. [17858/10]

I have no plans to abolish the air travel tax. The air travel tax was one of a number of Budgetary measures introduced recently that was necessary in the context of an overall response to the fiscal challenges we face. I have stated before that the impact of the tax on passenger numbers is being overstated.

Flood Relief

Sean Sherlock

Question:

199 Deputy Seán Sherlock asked the Minister for Finance the measures he has taken to prevent a repeat of the 2009 flooding; the assistance that his agencies are providing to local communities to minimise the threat of flooding in the future; if funding is available to support local initiatives; and if he will make a statement on the matter. [21983/10]

The severe flood events of November 2009 were as a result of, in part, unprecedented rainfall events during late October and November. In light of the severe flooding, the Government allocated €68.326m, including €50m for Capital expenditure, to be administered by the Office of Public Works, for flood risk management activities for 2010. This increased allocation will allow OPW to continue with and expand its Programmes for flood relief activities.

Within the overall allocation, there has been an increase for Minor Flood and Coastal Protection Works to be undertaken by Local Authorities in 2010. OPW allocated €6.7m in March this year under the Programme, and a further €3.9m earlier this month to a total of 24 Local Authorities. The application assessment process is continuing, and OPW are liaising with a number of Local Authorities regarding applications in respect of which additional information is required. In addition, it is still open to Local Authorities to make further applications under this Programme, which may be considered, having regard to the overall resources available.

OPW has undertaken a rigorous collection of data and information since the November 2009 floods, and has already met with several local authorities to review the flood events of November 2009 and identify actions required. Indeed, a Feasibility Study for Bandon, Co Cork has already commenced and may result in a full flood defence scheme for the town. OPW is also continuing to actively pursue potential mitigation measures in a number of other locations where it is envisaged the works would be carried out by OPW's own workforce on behalf of the relevant Local Authorities. All these works are in addition to the major schemes already under construction in Clonmel, Co. Tipperary, Mallow Co Cork, Fermoy Co Cork, Ennis Co Clare, Mornington Co Meath and the River Dodder in Dublin, and the schemes at various stages of development which include Enniscorthy, Co. Wexford, Templemore, Co. Tipperary, Bray and Arklow, Co. Wicklow amongst others. OPW is also in discussions with Dublin City Council with a view to undertaking its first major coastal flooding scheme in Clontarf, Dublin City.

In recognition of the flooding situation countrywide, OPW has profiled expenditure of approximately €300m up to 2014 with expenditure in excess of €200m being profiled on capital works in this period. I am confident that this expenditure under the current work programmes being undertaken by the Office of Public Works will reduce the national level of flood risk to people, infrastructure, businesses and the environment.

Joanna Tuffy

Question:

200 Deputy Joanna Tuffy asked the Minister for Finance if measures are being put in place to prevent the recurrence of flooding in Cork City in the coming winter; the basis for any such measures; and if he will make a statement on the matter. [22248/10]

Arising from the Catchment Flood Risk Assessment and Management Study for the Lee catchment, a plan of prioritised flood risk mitigation measures was launched earlier this year as a Public Consultation document. The Plan identifies specific viable structural and non-structural options for managing the flood risks within the catchment as a whole and for localised high-risk areas. The period of public consultation for the Plan finished on 30 April 2010. A substantial number of observations were received during the public consultation. These contributions are currently being considered and will be incorporated into the final Plan, as appropriate.

In addition to the measures being pursued through the CFRAM framework, consultants have been appointed to undertake a hydrological and hydraulic review of the November 2009 floods for the Rivers Lee and Owenboy. This review will examine, inter alia, rainfall depths and return periods, flood flow paths, extents and probabilities, with a view to providing an up-to-date model for this catchment. The initial review of the modelling is due to take place in mid-Summer. The OPW understands that the City Council has already carried out surveys of the quay walls. OPW has agreed to fund interim repair works at two locations of Cork Quay Walls. This funding is subject to the invitation of tenders by Cork City Council and will not exceed the sum of €450,000 for each location. An allocation of €318,600 has also been made to Cork County Council for flood mitigation works at Crookstown. It would be open to both the Councils to submit further applications for minor interim works.

Health Service Allowances

James Bannon

Question:

201 Deputy James Bannon asked the Minister for Health and Children the position regarding an appeal in respect of a person (details supplied) in County Longford in regard to their mobility allowance; and if she will make a statement on the matter. [25039/10]

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.

Hospital Services

Jan O'Sullivan

Question:

202 Deputy Jan O’Sullivan asked the Minister for Health and Children if she will endeavour to save the Lifford, Sheil and Rock hospitals in County Donegal; and if she will make a statement on the matter. [25328/10]

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.

Olwyn Enright

Question:

203 Deputy Olwyn Enright asked the Minister for Health and Children the amount a hospital (details supplied) has been penalised or awarded under the Health Service Executive Casemix management system between 2005 and to date in 2010 inclusively; and if she will make a statement on the matter. [25028/10]

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.

Olwyn Enright

Question:

204 Deputy Olwyn Enright asked the Minister for Health and Children the amount a hospital (details supplied) has been penalised or awarded under the Health Service Executive Casemix management system between 2005 and 2010 inclusively. [25029/10]

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.

Olwyn Enright

Question:

205 Deputy Olwyn Enright asked the Minister for Health and Children the amount a hospital (details supplied) has been penalised or awarded under the Health Service Executive Casemix management system between 2005 and 2010 inclusively. [25030/10]

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.

Cancer Screening Programme

James Reilly

Question:

206 Deputy James Reilly asked the Minister for Health and Children the details of the implementation of the colorectal screening programme, including the number of hospitals that have expressed interest in being screening units; the number of screening units envisaged under the plan; the location of these units; the colonoscopy capacity that must be built; the number of persons who will benefit from the programme; when screening will commence; the cost of rolling out the screening programme; the progress made in implementing the plan to date; and if she will make a statement on the matter. [25042/10]

Work has already commenced on the establishment of a national colorectal cancer screening programme. This programme will initially be offered to men and women aged between 60 and 69 years. Screening will commence in early 2012 following an intensive period of preparation which began in January 2010. The programme will be extended to all those in the 55-74 year age group as logistics and resources allow.

The HSE's National Cancer Screening Service (NCSS) has responsibility for the implementation of the screening programme and it is working closely with colleagues across the Health Service Executive on preparations for this.

As part of the two year pre-implementation phase for the programme, the NCSS is undertaking a series of baseline assessment visits nationwide to assess colonoscopy capacity in existing hospital services. Between 10 and 12 screening centres will be required by the programme. One of the criteria for hospitals wishing to participate in the programme is that they reduce waiting times for urgent colonoscopies to less than 4 weeks prior to the initiation of the screening programme. Thirty public hospitals expressed an interest in providing colonoscopy services to support a national screening programme and all visits are due for completion by December 2010. The outcome of the baseline assessment visits will identify potential areas for improvement and additional investment and staffing requirements. The NCSS will report these findings to my Department.

There are estimated to be around 400,000 people in the initial target age group (60 to 69 years). Half of these will be invited for screening each year. Based on expected uptake rates and incidence rates, it is expected that around 6,000 colonoscopies would take place each year within the screening programme. Currently, around 59,000 colonoscopies are performed in the public healthcare system annually.

The cost of the screening programme during the pre-implementation phase will be found from within existing NCSS resources. The programme will be introduced in early 2012 to the 60 — 69 year age cohort, with additional costs of at least €5.5m for this purpose. There will also be costs associated with the refurbishment and equipping of the colonoscopy centres to ensure they meet appropriate standards. The programme will be extended to those aged 55 to 74 years of age as logistics and resources allow.

The screening programme will not be allowed to adversely affect waiting times for urgent colonoscopies in the symptomatic services. The need to comply with the 4 week time limit for urgent colonoscopies has been emphasised to the HSE and I am satisfied that the public health service is capable of delivering a quality assured service for both symptomatic and screening colonoscopies.

James Reilly

Question:

207 Deputy James Reilly asked the Minister for Health and Children if all patients in need of a colonoscopy are seen within her one month target waiting time; the number of patients waiting more than one month; and if she will make a statement on the matter. [25043/10]

James Reilly

Question:

208 Deputy James Reilly asked the Minister for Health and Children the number of persons waiting for a colonoscopy in public hospitals; the number of persons waiting between four weeks and three months, between three and six months, between six and 12 months, between one and two years and more than two years; and if she will make a statement on the matter. [25044/10]

I propose to take Questions Nos. 207 and 208 together

The matter raised by the Deputy is an operational one and would, in the normal course of events, be referred to the HSE for direct reply. However, I will set out the position for the Deputy in so far as information is available to my Department.

In approving its National Service Plan for 2010, I have instructed the HSE to ensure that urgent colonoscopies are provided within four weeks. In the case of non-urgent colonoscopies, the HSE has instructed hospitals to refer patients waiting for longer than three months to the National Treatment Purchase Fund.

The latest information (May 2010) available to my Department shows that in the 19 hospitals which reported data on colonoscopy waiting times, no patient is waiting longer than 28 days for an urgent colonoscopy. In the case of non-urgent colonoscopies, the latest figures (May 2010) available to my Department from the NTPF show 877 people waiting between three and six months, 179 people waiting between six and twelve months and a total of 25 people waiting longer than a year. Colonoscopies are carried out for a range of possible conditions and this figure would include cases where cancer is not suspected.

James Reilly

Question:

209 Deputy James Reilly asked the Minister for Health and Children the cost of bowel cancer to the health services per annum; and if she will make a statement on the matter. [25045/10]

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.

James Reilly

Question:

210 Deputy James Reilly asked the Minister for Health and Children the number of cases of bowel cancer over the past 20 years; the projected numbers of bowel cancer over the next 20 years; and if she will make a statement on the matter. [25046/10]

Statistics in relation to cancer incidence are collated by the National Cancer Registry. My Department has asked the Director of the Registry to examine this matter and to reply directly to the Deputy.

James Reilly

Question:

211 Deputy James Reilly asked the Minister for Health and Children if BreastCheck will be made available for women over 64 years; and if she will make a statement on the matter. [25047/10]

James Reilly

Question:

212 Deputy James Reilly asked the Minister for Health and Children if BreastCheck was extended to the 65 years to 69 years age group, the number of women who would benefit from screening; the estimated cost of extending screening to this age group; and if she will make a statement on the matter. [25048/10]

I propose to take Questions Nos. 211 and 212 together.

BreastCheck provides free mammograms to all women aged 50-64. The national roll-out of BreastCheck reached all counties in 2009. During 2009 approximately 122,000 women were screened. The National Cancer Screening Service (NCSS) projected cost of BreastCheck in 2010 is €22.4m.

It remains my intention to extend Breastcheck to women in the 65-69 age group as soon as resources and capacity allow. In the meantime women of any age who have concerns about breast cancer should seek the advice of their GP who will, if appropriate, refer them to the symptomatic breast services in one of the eight designated specialist cancer centres.

The NCSS has estimated that there are approximately 85,000 women in the age group 65-69 and that the additional cost of expanding the programme over a number of years would be around €5 million, with a capital investment of approximately €3 million. However its main priority in 2010 is to maximise national uptake in the 50-64 year age cohort.

The other priority for the NCSS is to ensure that preparatory work for the national colorectal screening programme takes place this year and in 2011 in order for screening to commence in early 2012 for men and women in the 60 to 69 age group.

James Reilly

Question:

213 Deputy James Reilly asked the Minister for Health and Children the cost of breast cancer to the health services per annum; and if she will make a statement on the matter. [25049/10]

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.

Nursing Home Subventions

James Reilly

Question:

214 Deputy James Reilly asked the Minister for Health and Children the position regarding a matter (details supplied). [25063/10]

Under the Nursing Homes Support Scheme Act 2009, a specified person can act on behalf of the applicant in relation to an application for State support in circumstances where the applicant lacks capacity. The person does not need to have an enduring power of attorney or any other form of legal appointment in place in order to do this. This authority is set out in primary legislation; a fact which should be recognised by financial institutions when a person is compiling the documentation required to support an application.

The issue of a person obtaining bank and credit union statements in respect of another extends far beyond the scope of the Nursing Homes Support Scheme. The requirement to provide evidence of income/assets applies in respect of means-tested schemes generally, including those operated by the Department of Social Protection. To this end, the Deputy may wish to note that the Department of Social Protection provides for the appointment of an agent where a person is unable to manage their own financial affairs. It is likely that anyone who needs assistance applying for the Nursing Homes Support Scheme would already have an agent in place to assist with the collection of their pension and the management of their financial affairs.

Mental Health Services

James Reilly

Question:

215 Deputy James Reilly asked the Minister for Health and Children her plans to open more centres for persons with mental health issues; when these centres will open; and if she will make a statement on the matter. [25064/10]

I regret that due to the current industrial action in the Health Service Executive I am not in a position to provide a substantive response to your Parliamentary Question. However, if this matter remains of continuing concern to you, I would invite you to raise it with me again in due course.

Ambulance Service

James Reilly

Question:

216 Deputy James Reilly asked the Minister for Health and Children the amount of money spent annually transporting patients by taxi in County Kildare and nationally; and if she will make a statement on the matter. [25066/10]

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 the HSE in due course.

Mental Health Services

Simon Coveney

Question:

217 Deputy Simon Coveney asked the Minister for Health and Children the number of community mental health teams that are currently in existence; the location of same; their staffing complement; and the plans that are in place for increasing the number of adequately resourced community mental health teams. [25074/10]

I regret that due to the current industrial action in the Health Service Executive I am not in a position to provide a substantive response to your Parliamentary Question. However, if this matter remains of continuing concern to you, I would invite you to raise it with me again in due course.

Medical Cards

Emmet Stagg

Question:

218 Deputy Emmet Stagg asked the Minister for Health and Children if she will change the medical card income guideline to allow the pension levy paid by civil servants to be deducted from gross income in the same way as tax and PRSI contributions in arriving at a weekly income. [25081/10]

The assessment of eligibility for a medical card is a statutory function of the Health Service Executive (HSE). In assessing eligibility, the HSE must have regard to the overall financial situation of the applicant and his/her spouse and dependants. The HSE has guidelines to assist its staff in assessing the financial situation of applicants. Under the current guidelines, the Pension Levy payable by public servants is not deductible from gross income for assessment purposes.

My Department is currently reviewing the legislation relating to eligibility for health and personal social services with a view to making the system as fair and transparent as possible. As part of this exercise, a review of the eligibility criteria for medical cards is being undertaken. This includes consideration of assessable income and outgoings.

Mental Health Services

Maureen O'Sullivan

Question:

219 Deputy Maureen O’Sullivan asked the Minister for Health and Children if she will commit to ending the use of adult inpatient beds for children; if she will commit to developing adequately staffing child and adolescent community mental health teams to ensure appropriate, accessible and good quality mental health services to all children in need under 18 years; if she will establish a national directory with comprehensive information on the types of service available; and if she will provide details of each service at a regional level. [25084/10]

I accept that it is inappropriate to admit children to units providing care and treatment to adults but I recognise that in the absence of an alternative, such admissions are sometimes necessary for the safety and treatment of the child. In arriving at a decision to admit a child to an adult unit, due consideration is given to the risks to the child of not admitting him / her, and the potential adverse effects of such an admission. The Mental Health Commission has issued a code of practice relating to the admission of children under the Mental Health Act 2001 which outlines arrangements and facilities that should be put in place to ensure the protection and safety of such children. An addendum to this code of practice was issued by the Commission in June 2009 which provides that: a) No child under 16 years is to be admitted to an adult unit in an approved centre from 1st July 2009; b) No child under 17 years is to be admitted to an adult unit in an approved centre from 1st December 2010; and c) No child under 18 years is to be admitted to an adult unit in an approved centre from 1st December 2011.

I am confident that the addendum to the code of practice coupled with recent developments in the Child and Adolescent Mental Health Service (CAMHS) will ensure that going forward, the number of children admitted to adult facilities will reduce significantly, and in due course be eliminated. In this regard the development of CAMHS is a priority for the HSE. There are now 55 consultant led child and adolescent teams in place throughout the country and a further 8 teams are in development. During 2009 the bed capacity for children and adolescents almost doubled, bringing the total number of in-patient beds to 30. Construction is almost complete on two purpose built 20-bed units in Cork and Galway and work commenced recently on the Linn Dara, Child and Adolescent Facility at Cherry Orchard, which will provide a day hospital as well as accommodation for mental health teams and administrative staff, and training and library facilities.

In October 2009, the HSE launched the first annual report on CAMHS which provides comprehensive data on activity in the CAMHS services. The HSE now has baseline information which can be built on to improve performance and to assist in decisions regarding how mental health services are developed into the future. The appointment by the HSE of an Assistant National Director as national lead on Mental Health in November, 2009, is key to ensuring that the delivery of mental health services is in line with legislation and Government policy.

Health Services

Finian McGrath

Question:

220 Deputy Finian McGrath asked the Minister for Health and Children if he will support the case of a person (details supplied) in Dublin 3. [25087/10]

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.

Nursing Home Subventions

Finian McGrath

Question:

221 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [25088/10]

Applications for the Nursing Homes Support Scheme are made to the local Nursing Homes Support Office. Details of these are at the back of the Information Booklet which is available from the Nursing Homes Support Offices or on-line at www.hse.ie or www.dohc.ie.

The latest figures available indicate that 10,600 applications for the scheme have been received. With regard to the time taken to process applications, 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

Jack Wall

Question:

222 Deputy Jack Wall asked the Minister for Health and Children the position regarding a renewal of a medical card in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [25117/10]

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.

Bernard J. Durkan

Question:

223 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue to persons (details supplied) in County Kildare; and if she will make a statement on the matter. [25126/10]

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

Bernard J. Durkan

Question:

224 Deputy Bernard J. Durkan asked the Minister for Health and Children when residential care will be offered to persons (details supplied) in County Wexford; and if she will make a statement on the matter. [25127/10]

I regret that due to the current industrial action in the Health Service Executive I am not in a position to provide a substantive response to your Parliamentary Question. However, if this matter remains of continuing concern to you, I would invite you to raise it with me again in due course.

Medical Cards

Bernard J. Durkan

Question:

225 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will be awarded in respect of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [25128/10]

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.

Bernard J. Durkan

Question:

226 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue to persons (details supplied) in County Kildare; and if she will make a statement on the matter. [25129/10]

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.

Bernard J. Durkan

Question:

227 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [25130/10]

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

Bernard J. Durkan

Question:

228 Deputy Bernard J. Durkan asked the Minister for Health and Children if provision of extra speech and language sessions will be arranged in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [25131/10]

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

Hospital Services

Bernard J. Durkan

Question:

229 Deputy Bernard J. Durkan asked the Minister for Health and Children if the reply to correspondence (details supplied) remains factually correct in its entirety having regard to the question raised at that juncture; and if she will make a statement on the matter. [25132/10]

I understand the Deputy is referring to Parliamentary Question No. 451 which was raised by him on 16th September 2009, and to a reply which was issued to him by the Executive dated 23rd October 2009. 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 like to invite you to raise it with me again in due course.

Health Services

Bernard J. Durkan

Question:

230 Deputy Bernard J. Durkan asked the Minister for Health and Children when a person (details supplied) in County Kildare will be accepted onto a drug rehabilitation course; and if she will make a statement on the matter. [25133/10]

As indicated to the Deputy in my previous response on Tuesday 18th May and Thursday 27th May, 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.

Hospital Services

Bernard J. Durkan

Question:

231 Deputy Bernard J. Durkan asked the Minister for Health and Children when rheumatology OPD review appointment will be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [25134/10]

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 like to invite you to raise it with me again in due course.

Bernard J. Durkan

Question:

232 Deputy Bernard J. Durkan asked the Minister for Health and Children when surgery will be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [25135/10]

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 like to invite you to raise it with me again in due course.

Departmental Correspondence

Bernard J. Durkan

Question:

233 Deputy Bernard J. Durkan asked the Minister for Health and Children if she or her Department has received correspondence from a person (details supplied) in County Kildare in relation to their stay in the Adelaide and Meath Hospital, Tallaght, Dublin 24; her plans to address and respond to this matter; and if she will make a statement on the matter. [25136/10]

As outlined in my reply of 18 May to the Deputy, correspondence from the individual concerned was received in my Department on 29 March. As the matter was a service issue, it was referred to the Health Service Executive (HSE), which was asked to reply directly to the individual concerned. My Department wrote to the individual concerned on 31 March to inform her of this. My Department is examining the issues raised in this individual's correspondence in the broader clinical governance context.

Health Services

Bernard J. Durkan

Question:

234 Deputy Bernard J. Durkan asked the Minister for Health and Children the full extent of support services available to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [25139/10]

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

Departmental Incentives

Michael McGrath

Question:

235 Deputy Michael McGrath asked the Minister for Health and Children her views on the development of retirement villages by the private sector and if any supports are available from her Department or the Health Service Executive for their development. [25149/10]

There are no specific incentives in place by my Department or the HSE for the development of retirement villages by the private sector.

It is however open to any private provider to approach the HSE at local level to seek relevant advice in relation to providing the type of service referred to by the Deputy.

I do not have any plans at this time for any supports beyond this position.

Hospital Services

Seán Ó Fearghaíl

Question:

236 Deputy Seán Ó Fearghaíl asked the Minister for Health and Children if she will confirm whether the Health Service Executive has made arrangements for the urgent referral of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [25153/10]

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 the Deputy, however, I would invite him to raise it with me again in due course.

Inter-Country Adoptions

Andrew Doyle

Question:

237 Deputy Andrew Doyle asked the Minister for Health and Children the position regarding negotiations on a bilateral, inter-country adoption agreement with Vietnam; and if she will make a statement on the matter. [25157/10]

In the process of re-negotiating the bilateral agreement on inter-country adoption with Vietnam serious issues came to light in relation to the Vietnamese adoption process. The issues were contained in the report on inter-country adoption commissioned by UNICEF and the Vietnamese Ministry of Justice and carried out by International Social Services (ISS). An earlier report published last August by the Vietnamese Ministry of Labour, Invalids and Social Affairs (MOLISA) was also considered in this regard. The UNICEF/ISS report, which was accepted by the Vietnamese Government, "proposes that Vietnam suspends inter-country adoptions for the necessary period during the year 2010 that will enable it to ensure optimal implementation of the Hague Convention and to prepare for the entry into force of the new law on adoption in 2011". The Report also raises serious questions regarding adoption practices in Vietnam, including as follows:

(a) inter-country adoptions from Vietnam are essentially influenced by foreign demand, i.e. the availability of children who are "adoptable" abroad corresponds more to the existence of foreign prospective adopters than to the actual needs of "abandoned" and orphaned children;

(b) the circumstances under which babies become "adoptable" are invariably unclear and disturbing;

(c) the inter-country adoption system is grounded in a remarkably unhealthy relationship between the mediating agencies and specific residential facilities; and

(d) Governments and central authorities of "receiving countries" collectively at least, and individually in many instances have not effectively committed themselves to applying the basic principles of the Hague Convention or the recommendations of the treaty's practical operation, in their dealings with Vietnam.

Having considered the contents of the two reports the Government decided, on 13th of January, to suspend indefinitely negotiations on a new bilateral inter-country adoption agreement with the Socialist Republic of Vietnam. As a result of this decision, all inter-country adoptions from Vietnam will be suspended until such time as the Adoption Bill 2009 has been enacted and both Ireland and Vietnam have ratified the provisions of the Hague Convention.

Andrew Doyle

Question:

238 Deputy Andrew Doyle asked the Minister for Health and Children the position regarding a bilateral, inter-country adoption agreement with Russia; and if she will make a statement on the matter. [25158/10]

Andrew Doyle

Question:

245 Deputy Andrew Doyle asked the Minister for Health and Children if she will provide a list of countries that have ratified the Hague Convention. [25165/10]

Andrew Doyle

Question:

246 Deputy Andrew Doyle asked the Minister for Health and Children the number of bilateral agreements for inter-country adoption with Ireland as the receiving country. [25166/10]

Andrew Doyle

Question:

247 Deputy Andrew Doyle asked the Minister for Health and Children the steps that have been or are being taken to establish bilateral agreements with non-Hague Convention countries and the timeframe for same in view of the fact that the Adoption Bill 2009 provides for the making and recognition of inter-country adoptions in accordance with bilateral agreements. [25167/10]

I propose to take Questions Nos. 238 and 245 to 247, inclusive, together.

The Adoption Bill, 2009, is designed to give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption. The new legislation, which incorporates the provisions of the Hague Convention, is designed to provide a framework to ensure that appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. Future inter-country adoption arrangements will be governed by the terms of the Adoption Bill 2009 when enacted.

There are currently no bilateral agreements for inter-country adoptions in place. Consideration of a possible bilateral agreement with Russia following the enactment and commencement of the new adoption legislation is at an early stage.

The Adoption Board has provided a List of Countries/Territories that are compliant/non-compliant with the Hague Convention and/or Irish Adoption Law. Details are available on the Adoption Board website at www.adoptionboard.ie

Andrew Doyle

Question:

239 Deputy Andrew Doyle asked the Minister for Health and Children the number of applications currently with the Health Service Executive for adoptions from Russia and Vietnam. [25159/10]

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, however, I would invite the Deputy to raise it with me again in due course.

Andrew Doyle

Question:

240 Deputy Andrew Doyle asked the Minister for Health and Children the position regarding applicants who have now received declarations for inter-country adoptions from Russia; and if these adoptions can proceed prior to the ratification of the Adoption Bill 2009. [25160/10]

Andrew Doyle

Question:

241 Deputy Andrew Doyle asked the Minister for Health and Children the position regarding applicants who have now received referrals for inter-country adoptions from Russia; and if these adoptions can proceed after the ratification of the Adoption Bill 2009. [25161/10]

Andrew Doyle

Question:

242 Deputy Andrew Doyle asked the Minister for Health and Children the position regarding applicants who have commenced the inter-country adoption process under the 1991 Act; and the implications for applicants who have not yet received a declaration, for applicants who have received a declaration and for applicants who have received a referral in terms of the establishment of the new Act. [25162/10]

I propose to take Questions Nos. 240 to 242, inclusive, together.

The Adoption Bill, 2009, is designed to give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption. The new legislation, which incorporates the provisions of the Hague Convention, is designed to provide a framework to ensure that appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. Future inter-country adoption arrangements will be governed by the terms of the Adoption Bill 2009 when enacted.

I brought forward on Committee Stage an amendment to the Adoption Bill 2009 that will enable prospective adoptive parents to proceed with adoption from a non-Hague or non-bilateral country, if prior to the establishment date, they have been issued with a Declaration of Eligibility and Suitability to adopt. The proposed amendment requires that the Adoption Authority (to be set up under the Act) would be satisfied that the particular adoption meets all the standards of the Hague Convention.

Andrew Doyle

Question:

243 Deputy Andrew Doyle asked the Minister for Health and Children if she will confirm that the proposed Adoption Bill 2009 recognises direct adoptions from Hague Convention ratified contracting states when such adoptions are legislated for and administered in line with Hague Convention good practice guidelines; and, if not, if she will add an amendment to the Adoption Bill 2009 giving recognition to such adoptions. [25163/10]

The Adoption Bill, 2009, is designed to give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption. The new legislation, which incorporates the provisions of the Hague Convention, is designed to provide a framework to ensure that appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. Future inter-country adoption arrangements will be governed by the terms of the Adoption Bill 2009 when enacted.

There is nothing in the provisions of the Adoption Bill 2009, currently before the Houses of the Oireachtas, which will preclude couples/individuals from effecting a valid, Hague standard adoption from Hague ratified contracting States. With regard to ‘independent' adoptions, Part 13 of the Adoption Bill outlines the restrictions on a person in seeking to make arrangements for adoptions. It also identifies the particular role of accredited authorities in this regard.

As with all applications, the Adoption Board reserves all of its statutory rights and functions in the matter of applications made to it, without partiality or prior commitment.

Andrew Doyle

Question:

244 Deputy Andrew Doyle asked the Minister for Health and Children her plans to include a grandfather clause (details supplied) in the new adoption Act; and if this will be limited to cases in which the application was already in process at the time of the establishment of the Bill. [25164/10]

The Adoption Bill, 2009, is designed to give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption. The new legislation, which incorporates the provisions of the Hague Convention, is designed to provide a framework to ensure that appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. Future inter-country adoption arrangements will be governed by the terms of the Adoption Bill 2009 when enacted.

The issue of a ‘grandfather' clause was previously given careful and detailed consideration in the preparation of the legislation. It was decided against including such a provision in the Bill as it would represent a considerable dilution of the intent of the legislation in terms of setting improved standards for inter-country adoption.

Questions Nos. 245 to 247, inclusive, answered with Question No. 238.

Andrew Doyle

Question:

248 Deputy Andrew Doyle asked the Minister for Health and Children the position regarding the establishment of an independent assessment agency for inter-country adoption in view of the resource issues in question and current waiting times for assessment for inter-country adoption. [25168/10]

Applicants for inter-country adoption must undergo a detailed statutory assessment process, which is undertaken by professional Social Workers, and must be approved by the Adoption Board before a Declaration of Eligibility and Suitability to adopt abroad can be issued to them from the Board.

I acknowledge that persons applying for inter-country adoption have been experiencing unacceptably long delays as regards waiting times for assessment. Requests for assessment for inter-country adoption continue to be high and Ireland traditionally has one of the highest rates for inter-country adoption in Europe. The Health Service Executive has responsibility for the assessments of applicants for adoption through its social work service. I have asked the Health Service Executive to do everything possible to reduce waiting times and assessment times for prospective adopters which currently are excessively long. In addition, the Adoption Bill 2009 provides for the registration of accredited bodies to carry out aspects of the adoption process, including assessment.

Andrew Doyle

Question:

249 Deputy Andrew Doyle asked the Minister for Health and Children her plans to expedite the inter-country adoption process in line with Hague Convention guidelines (Article 35) and if she will seek to replace the phrase as soon as practicable contained in sections 37(3), 37(4) and 39(1) of the new Bill with more appropriate wording. [25169/10]

The Adoption Bill, 2009, is designed to give force of law to the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption. The new legislation, which incorporates the provisions of the Hague Convention, is designed to provide a framework to ensure that appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. Future inter-country adoption arrangements will be governed by the terms of the Adoption Bill 2009 when enacted.

The Adoption Bill, 2009 is currently at Report Stage in the Dáil and has already completed all stages in the Seanad. Final amendments to the Bill are being considered in the course of this legislative process.

I acknowledge that persons applying for inter-country adoption have been experiencing unacceptably long delays as regards waiting times for assessment. Requests for assessment for inter-country adoption continue to be high and Ireland traditionally has one of the highest rates for inter-country adoption in Europe. The Health Service Executive has responsibility for the assessments of applicants for adoption through its social work service. I have asked the Health Service Executive to do everything possible to reduce waiting times and assessment times for prospective adopters which currently are excessively long. In addition, the Adoption Bill 2009 provides for the registration of accredited bodies to carry out aspects of the adoption process, including assessment.

Health Service Waiting Lists

Andrew Doyle

Question:

250 Deputy Andrew Doyle asked the Minister for Health and Children if the Health Service Executive has reduced waiting lists under its nationwide system of application introduced in counties Dublin, Wicklow and Kildare in 2008 by 35% in the 12 months from September 2008; and if she will make a statement on the matter. [25170/10]

I regret that due to industrial action I am not in a position to provide a substantive response to the Deputy's Parliamentary Question. If this matter remains of continuing concern, however, I would invite the Deputy to raise it with me again in due course.

Adoption Services

Andrew Doyle

Question:

251 Deputy Andrew Doyle asked the Minister for Health and Children the steps that will be taken in the Adoption Bill 2009 to provide a statutory basis for information and tracing services to adopted persons to include automatic access to birth certificates, information and tracing services on a statutory basis, automatic rights to know that you are adopted and automatic access to medical records. [25171/10]

The Information and Tracing Unit in the Adoption Board provides an advice and referral service for those seeking to trace or to obtain medical or personal information. This unit provides services directly to adoptees, natural mothers and birth families. It also works closely with the registered adoption societies and the HSE nationwide information and tracing services. Improvements to this service have been effected by the computerisation of the unique adoption files held by the Board.

The National Adoption Contact Register was established in 2005 to assist adopted people and their natural families to make contact with each other, exchange information or state their contact preferences. They decide, through a range of information and contact options, how to proceed. Already 440 matches have been made on the Register representing over 900 individuals who have now received a service. The operation of the Register was reviewed in 2007 and a major upgrading of it has recently been completed.

The Adoption Board, together with the societies, the HSE and the support groups, developed the "Standardised Framework for the Provision of a National Information and Tracing Service". This framework was published in November 2007. It sets standards and provides guidance and advice for information and tracing services providers nationally. The standardised Framework is currently being piloted nationally. In relation to Information and Tracing for persons adopted from abroad, the Adoption Board is undertaking a process, with Romanian authorities initially, to determine how best to address the needs of those adopted from abroad.

Registration of domestic adoptions is governed by Section 22 of the Adoption Act 1952. Under that provision, an tArd Chlaraitheoir (Registrar General) is required to maintain a register of domestic adoptions (i.e. adoptions effected in Ireland, regardless of where the adopted person was born). The register is called the Adopted Children Register. An index to the register is maintained and can be searched by any person. Any person may obtain a copy of any entry in the register. The legislation also provides for an index linking the birth entry in the register of births (in the case of an Irish-born adopted person) with the entry in the Adopted Children Register. Information from this index may not be given to any person except by order of a court or the Adoption Board. I am aware that the treatment of adopted persons in this regard differs from the rest of the population but consideration of this issue must take place in the context of the complex legal, ethical and constitutional issues arising from the need to fairly balance the rights of all parties to the adoption process.

During the Committee stage debate for the Adoption Bill I indicated my intention to bring forward legislation in this area. In this regard, the policy position is currently being assessed by my Office. Once this process is complete Government approval will be sought to commence the process of preparing legislation.

Services for People with Disabilities

Olwyn Enright

Question:

252 Deputy Olwyn Enright asked the Minister for Health and Children the number of children who have been assessed and diagnosed with autistic spectrum disorder in the mid-Leinster region in the past five years; and if she will make a statement on the matter. [25172/10]

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.

Olwyn Enright

Question:

253 Deputy Olwyn Enright asked the Minister for Health and Children the number of children with a diagnosis of autism spectrum disorder currently receiving therapy, including psychology, occupational, speech and language and physiotherapy from the Early Intervention Team in County Laois; the number of children with a diagnosis of ASD currently receiving therapy from the Early Intervention Team in County Offaly; and if she will make a statement on the matter. [25173/10]

Olwyn Enright

Question:

254 Deputy Olwyn Enright asked the Minister for Health and Children the number of children with a diagnosis of autism spectrum disorder currently receiving physiotherapy in post-early intervention services in County Laois; the number of children with a diagnosis of ASD currently receiving therapy in post-early intervention services in County Offaly; and if she will make a statement on the matter. [25174/10]

Olwyn Enright

Question:

255 Deputy Olwyn Enright asked the Minister for Health and Children the number of children with a diagnosis of autism spectrum disorder currently on waiting lists for assessment by an early intervention team in County Laois; the number of children with a diagnosis of autism spectrum disorder currently on waiting lists for assessment by an early intervention team in County Offaly. [25175/10]

Olwyn Enright

Question:

256 Deputy Olwyn Enright asked the Minister for Health and Children the number of children with suspected autism spectrum disorder currently on waiting lists for assessment by post-early intervention services in County Laois; the number of children with suspected autism spectrum disorder currently on waiting lists for post-early intervention services in County Offaly; and if she will make a statement on the matter. [25176/10]

Olwyn Enright

Question:

257 Deputy Olwyn Enright asked the Minister for Health and Children the number of children with a diagnosis of autism spectrum disorder currently on waiting lists for therapy from an early intervention team in County Laois; the number of children with a diagnosis of autism spectrum disorder currently on waiting lists for therapy from an early intervention team in County Offaly; and if she will make a statement on the matter. [25177/10]

Olwyn Enright

Question:

258 Deputy Olwyn Enright asked the Minister for Health and Children the number of children with a diagnosis of autism spectrum disorder currently on waiting lists for therapy from a post-early intervention team in County Laois; the number of children with a diagnosis of autism spectrum disorder currently on waiting lists for therapy from a post-early intervention team in County Offaly; and if she will make a statement on the matter. [25178/10]

Olwyn Enright

Question:

259 Deputy Olwyn Enright asked the Minister for Health and Children the approximate time frame that children with autism spectrum disorder may expect to wait for assessment and therapy from an early intervention team in County Laois; the approximate time frame that children with autism spectrum disorder may expect to wait for assessment and therapy from an early intervention team in County Offaly; and if she will make a statement on the matter. [25179/10]

Olwyn Enright

Question:

260 Deputy Olwyn Enright asked the Minister for Health and Children the approximate time frame that children with autism spectrum disorder may expect to wait for assessment and therapy from a post-early intervention team in County Laois; the approximate time that children with autism spectrum disorder may expect to wait for assessment and therapy from a post-early intervention team in County Offaly; and if she will make a statement on the matter. [25180/10]

I propose to take Questions Nos. 253 to 260, inclusive, together.

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

Health Service Staff

Olwyn Enright

Question:

261 Deputy Olwyn Enright asked the Minister for Health and Children the number of posts currently vacant, including those in which therapists are on maternity leave, on the early intervention team in County Laois; the number of posts currently vacant, including those in which therapists are on maternity leave, on the early intervention team in County Offaly; and if she will make a statement on the matter. [25181/10]

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.

Olwyn Enright

Question:

262 Deputy Olwyn Enright asked the Minister for Health and Children the number of posts currently vacant, including those from which therapists are on maternity leave, on the post-early intervention team in County Laois; the number of posts currently vacant, including those in which therapists are on maternity leave, on the post-early intervention team in County Offaly; and if she will make a statement on the matter. [25182/10]

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.

Olwyn Enright

Question:

263 Deputy Olwyn Enright asked the Minister for Health and Children the policy regarding the filling of vacant posts where therapists, including occupational, speech and language and physiotherapy services, are on leave, including maternity leave; and if she will make a statement on the matter. [25183/10]

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

Health Services

Leo Varadkar

Question:

264 Deputy Leo Varadkar asked the Minister for Health and Children if she will explain the decision of the Health Service Executive to cease respite support for an organisation (details supplied) in Dublin 7; and if she will make a statement on the matter. [25188/10]

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 duecourse.

Substance Misuse Strategy

Richard Bruton

Question:

265 Deputy Richard Bruton asked the Minister for Health and Children the potential impact of a ban on alcohol advertising on underage drinking or health costs associated with the abuse of alcohol; and if she has adopted a policy position on this issue. [25208/10]

In 2009 the Science Group of the European Alcohol and Health Forum, which was an independent group of scientists commissioned by the EU, published a report on alcohol marketing. The Science Group stated that "the findings of the review are clear, namely that commercial communications increase the likelihood that adolescents will start to use alcohol and to drink more if they are already using alcohol." Therefore, controlling the volume and placement of alcohol advertising or, indeed, the introduction of a ban on alcohol advertising would be expected to impact positively on the health effects and health care costs associated with the use and misuse of alcohol in Ireland.

On 31st March, 2009 the Government agreed to include alcohol in a National Substance Misuse Strategy that would be coordinated jointly by the Department of Community, Equality and Gaeltacht Affairs and my Department. A Steering Group has been established to develop the alcohol element of the National Substance Misuse Strategy. It will base its recommendations on evidence based measures to deal with the significant public health issue of alcohol in areas such as supply, pricing, prevention, treatment and advertising. The Department's future policy in relation to alcohol advertising will be informed by the recommendations of the Steering Group. The Report of the Steering Group is expected to be submitted to Government by the end of the year.

Medical Cards

Michael Ring

Question:

266 Deputy Michael Ring asked the Minister for Health and Children when persons (details supplied) in County Mayo will be approved for medical cards. [25230/10]

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

Health Services

Róisín Shortall

Question:

267 Deputy Róisín Shortall asked the Minister for Health and Children the reason for the current practice of instructing patients to dispose of crutches once their ailment has passed and the rationale for public hospitals, not seeking to recover such items; her estimates of the cost of this practice in a full year; and if she will examine whether there are savings to be made in amending this policy in favour of a recycling or reuse initiative. [25242/10]

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.

Semi-State Bodies

James Reilly

Question:

268 Deputy James Reilly asked the Minister for Health and Children the date on which the VHI 2009 annual report will be published; and if she will make a statement on the matter. [25251/10]

The VHI Board will sign off on the annual report at its next meeting on 24 June 2010. VHI Healthcare expects that the report will be available for publication by the end of July 2010.

Hospital Services

James Reilly

Question:

269 Deputy James Reilly asked the Minister for Health and Children if she will provide a detailed update on the roll-out of the national network for radiation oncology services including, in tabular form, a breakdown of the total number and location of linear accelerators in the country, at both public and private facilities, at the time of the announcement of the national network for radiation oncology plan in 2005; the total number of linear accelerators procured since the announcement of the plan including the location of these new accelerators and the money invested to date; an update on the number of linear accelerators that have yet to be purchased; the proposed location for same; the cost for same; how these facilities will be funded; the revised deadlines for completion of the plan; the details of existing radiotherapy arrangements with private facilities; the arrangements in place with the Northern Ireland health authorities for services for patients in the north west; and if she will make a statement on the matter. [25252/10]

In 2005, as set out in the following table, there were six linear accelerators in St Luke's Hospital, Rathgar, four in Cork University Hospital (CUH) and three at Galway University Hospital (GUH). At present, there are 15 linear accelerators in the public system; eight at St Luke's, four at CUH and three at GUH. The increase in capacity at St Luke's follows the commissioning of two new and two replacement linear accelerators in 2008, to provide interim capacity pending the roll-out of the National Plan for Radiation Oncology (NPRO). Agreements are in place under which the National Cancer Control Programme purchases services for HSE patients from the south-east and the mid-west from private facilities in Waterford and Limerick.

On completion of Phase 1 of the NPRO at the end of this year, radiation oncology services will be provided at new facilities in Beaumont and St James's Hospital, with four linear accelerators in each. On completion of the two new facilities, some staff and resources from St Luke's will transfer to the new centres and the three facilities will form the St Luke's Radiation Oncology Network for Dublin Mid-Leinster and Dublin North-East. This will provide adequate capacity to deal with patient needs until at least 2015. As regards the number of linear accelerators in the private system, this is a matter for the providers of those services.

Location

No. of Linear Accelerators 2005

No. of Linear Accelerators 2010

Phase 1 National Plan for Radiation Oncology (end 2010/early 2011)

St Luke’s

6

8

4*

Galway University Hospital

3

3

3

Cork University Hospital

4

4

4

St James’s Hospital

4

Beaumont Hospital

4

*As the eight new linear accelerators in Beaumont and St James's are commissioned, older machines at St Luke's will be decommissioned, leaving a total of 12 linear accelerators in the St Luke's Radiation Oncology Network. This is a net increase of four on the current numbers.

The NPRO provides for the national infrastructure for radiation oncology for the next 25 years. A total of approximately €75.5m in capital funding will be spent by end 2010 on the NPRO. This includes the four linear accelerators provided for St Luke's in 2008, the new facilities at St James's and Beaumont Hospitals and preparations for Phase 2 of the Plan.

On completion of the NPRO, it will provide a fully integrated national solution to deliver equity of access for patients irrespective of geographic location. Phase 2 of the NPRO, presently under consideration, will be delivered through Public Private Partnership and will provide additional capacity at St James's and Beaumont Hospitals, GUH and CUH. Satellite centres will be developed at the Mid-Western Regional Hospital in Limerick and at Waterford Regional Hospital. Details of additional linear accelerators or costs of these plans must remain confidential until completion of the procurement process for these facilities, which awaits the Government's consideration of the Public Sector Benchmark for the Plan.

Government also agreed in 2005 that the best option for patients in the north west was to facilitate access for those patients to radiation oncology services as part of North/South cooperation on cancer. Accordingly, patients may be referred from Letterkenny General Hospital in Donegal to Belfast City Hospital. Also, following the announcement of Minister McGimpsey of the Department of Health, Social Services and Public Safety, Northern Ireland of the provision of a satellite radiotherapy centre, linked to Belfast City Hospital, at Altnagelvin, I undertook to make a capital contribution towards the project in addition to meeting the ongoing costs of patients from the Republic. The business case for the project has been finalised and a decision is awaited from the Northern Ireland authorities. I understand that the facility is expected to be operational by 2015.

Pension Provisions

Michael Ring

Question:

270 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will receive their gratuity payment and pension payment from the Health Service Executive following their retirement several months ago. [25266/10]

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

Health Services

Denis Naughten

Question:

271 Deputy Denis Naughten asked the Minister for Health and Children, further to Parliamentary Question No. 423 of 19 January 2010, the position regarding the implementation of the report of the universal neonatal hearing screening group in 2010; and if she will make a statement on the matter. [25321/10]

The implementation and development of a Neonatal Hearing Screening programme is part of the Health Service Executive Service Plan for 2010. A National Review of Audiology services is currently underway. Part of this review involves a report on the introduction of Universal Neonatal Hearing Screening. This report is expected later this year.

Medical Cards

John O'Mahony

Question:

272 Deputy John O’Mahony asked the Minister for Health and Children when a decision will issue on a medical card application in respect of a person (details supplied) in County Mayo. [25325/10]

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.

Children in Care

Denis Naughten

Question:

273 Deputy Denis Naughten asked the Minister for Health and Children if the Health Service Executive has competed its review of the joint protocol “Children missing from care”, with the Garda; if it is being implemented; and if she will make a statement on the matter. [25350/10]

Denis Naughten

Question:

294 Deputy Denis Naughten asked the Minister for Health and Children if a joint Garda and Health Service Executive review of the protocol on reporting the disappearance of migrant children has been completed; the changes recommended and implemented; and if she will make a statement on the matter. [25602/10]

I propose to take Questions Nos. 273 and 294 together.

I wish to advise the Deputy that due to industrial action in the public service by members of IMPACT, the HSE is not in a position to provide a response to this Parliamentary Question within the normal timeframe.

Hospital Services

Caoimhghín Ó Caoláin

Question:

274 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children when the misdiagnosis of miscarriage in the case of a person (details supplied) in County Dublin at Our Lady of Lourdes Hospital, Drogheda, County Louth, and the resulting hospital internal inquiry was first brought to her attention; the action that she has taken; the further action she intends to take in view of this and similar cases; and if she will make a statement on the matter. [25351/10]

I would first like to say that all incidents of this kind are serious and are treated as such. They are distressing to the women and families involved and I wish to again express my sincerest sympathies to all of those that are affected. On 7 August 2009, the Solicitors for this person wrote to Our Lady of Lourdes Hospital, Drogheda seeking certain assurances about her care and other actions to be carried out by the hospital. On the same day, the solicitors wrote a short letter to me enclosing a copy of that letter. This was also copied to the CEO of the HSE and to the State Claims Agency.

The case was handled by my Department in line with the Patient Safety Protocol which was adopted in September 2008. The protocol deals with correspondence from patients, doctors, health service staff and solicitors. It is managed by the Chief Medical Officer on my behalf as a medical assessment of any potential patient safety issue is required. Both my Department and the hospital treated the letters with urgency. Within one week the HSE responded to the solicitors and a further letter was sent on 24 August. I was copied on both these letters.

In line with the Protocol, my Department followed up by telephone and by letter with the HSE to determine if there were risk issues arising from their investigation of the case. The HSE reviewed the case and confirmed that it had put a number of measures in place to ensure that the chances of making an error of this kind again are minimised. The Chief Medical Officer was satisfied that the case had been dealt with appropriately by the HSE. At the time of completion by April last, it was assessed that the review and follow up actions for patient safety had been put in place at the hospital.

Measures put in place by the HSE in Our Lady of Lourdes Hospital, Drogheda, following this incident include:

A policy was put in place to ensure that no patient is prescribed a drug to take prior to a D&C (Dilation and Curettage) until the diagnosis of ‘missed miscarriage' has been confirmed by a qualified sonographer through a second scan;

A "split" examination couch was put in place in the unit to facilitate the scanning procedure;

The scan machine that was in use in the hospital was replaced;

In July of this year a dedicated qualified sonographer will be assigned from 9.00 to 13.00;

The adjacent rooms/offices of the Gynaecological ward are used to speak privately with women and their partners.

A number of actions have been agreed by the HSE in conjunction with my Department to ensure the safe management of early pregnancy loss across the country. The HSE is in the process of initiating a review of cases over the past five years to determine the number of patients who were recommended drug or surgical treatment when the diagnosis of miscarriage was made in error, and where subsequent information demonstrated that the pregnancy was viable. The terms for the conduct of the review are being finalised at present and will be made public very shortly. At that stage the HSE will be in a position to provide an indicative timeline for the completion of the review.

Health Services

Richard Bruton

Question:

275 Deputy Richard Bruton asked the Minister for Health and Children if she is satisfied with the level of respite care currently available in Dublin; her views on whether the decision to cease respite support (details supplied) will have a negative effect on residents; and if she will make a statement on the matter. [25464/10]

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 Service Staff

Pádraic McCormack

Question:

276 Deputy Pádraic McCormack asked the Minister for Health and Children if the moratorium on recruitment in the Health Service Executive West can be lifted in order that an audiological scientist can be appointed, as was promised in 2007, to provide essential paediatric audiology services in Galway many children with hearing loss are finding it difficult to cope daily without the necessary support; and if she will make a statement on the matter. [25466/10]

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

Hospital Staff

Arthur Morgan

Question:

277 Deputy Arthur Morgan asked the Minister for Health and Children when the Health Service Executive will confirm the appointment of a new consultant haematologist for Letterkenny General Hospital, County Donegal; and if she will make a statement on the matter. [25468/10]

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.

HIV Infection

Caoimhghín Ó Caoláin

Question:

278 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the number of new cases of HIV diagnosed in each of the past five years, in each local health office area. [25490/10]

As the Deputy's question relates to a service matter it falls under the remit of the HSE. I wish to advise the Deputy that due to industrial action affecting the Health Service Executive it is not possible for the Executive to supply the information requested. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Health Services

Caoimhghín Ó Caoláin

Question:

279 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children the options available to those under 18 years of age who require residential treatment for eating disorders. [25506/10]

Caoimhghín Ó Caoláin

Question:

280 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children her plans to make residential treatment for eating disorders available in the State to public patients under the age of 18 years. [25507/10]

Caoimhghín Ó Caoláin

Question:

281 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if she has discussed with her Northern Ireland counterpart the possibility of establishing an all-Ireland residential care unit for under-18 year olds with eating disorders. [25508/10]

I propose to take Questions Nos. 279 to 281, inclusive, together.

While North South co-operation continues in many areas of health, currently I have no plans to discuss this issue with my Northern Ireland counterpart. However the Deputy may wish to note that The Eating Disorders Network Programme, a CAWT (Co-operation and Working Together) initiative, has received funding of Stg£2.5million from the European Union. As well as providing 12 whole time equivalent eating disorders practitioners, the project will improve the quality of care pathways for people with eating disorders, raise awareness and develop skills to improve therapeutic capacity and build carer support group capacity within communities in the border region. A Project Manager has now been appointed and a cross border clinical pathways working group established.

I regret that due to the current industrial action in the Health Service Executive I am not in a position to provide a substantive response to the remainder of the questions. However, if these matters remain of continuing concern to you, I would invite you to raise them with me again in due course.

Legislative Programme

Willie O'Dea

Question:

282 Deputy Willie O’Dea asked the Minister for Health and Children when the legislation for organ donation will be completed; and the stage this is currently at. [25518/10]

I intend to bring a draft General Scheme of a Human Tissue Bill, which includes the issue of organ donation for transplantation, to Government for its approval, as soon as it is finalised. Subject to this approval, I will publish the General Scheme of a Human Tissue Bill. Two separate but related public consultations took place in 2009 to inform the preparation of the draft legislation. The first was a consultation process on consent for organ donation which took place between January and March 2009. Invitations for written submissions were complemented by a consultative forum which took place in February in Dublin Castle. The second public consultation was in relation to proposals for a General Scheme of a Human Tissue Bill which took place between April and May 2009. Information on these consultations is available on the Department's website. Consultations with Government Departments and Offices are on-going and the draft General Scheme of a Human Tissue Bill will be further developed based on the outcome of the consultations.

Scéim Teanga Fheidhmeannacht na Seirbhíse Sláinte

Jan O'Sullivan

Question:

283 D’fhiafraigh Deputy Jan O’Sullivan den Aire Sláinte agus Leanaí i bhfianaise go bhfuil cigirí Fheidhmeannacht na Seirbhíse Sláinte (FSS) ag tabhairt cuairte ar naíonraí Gaeilge lasmuigh de limistéar Iarthair FSS faoi láthair agus gur as Béarla a labhraíonn formhór na gcigirí seo, in ainneoin pholasaí luath-thumoideachais iomláin an naíonra Gaeilge, an féidir leis an Aire a rá an mbeidh seirbhís Ghaeilge ar fáil sa teanga náisiúnta do na naíonraí Gaeilge ó chigirí FSS mar chuid de Scéim Teanga FSS; más rud é go mbeidh, cén staid ag a bhfuil an Scéim Teanga sin; an bhfuil tuar ag an Aire cén uair a bheidh Scéim Teanga FSS aontaithe; agus an ndéanfaidh sé ráiteas ina thaobh. [25534/10]

Ba mhaith liom a chur in iúl don Teachta go bhfuil gníomh tionscail ar siúl i bhFeidhmeannacht na Seirbhíse Sláinte faoi láthair is dá bhrí sin ní féidir leis an bhFeidhmeannacht an t-eolas atá á lorg a sholáthar.

Má tá an t-ábhar seo mar chúis imní duit ag dul ar aghaidh, áfach iarraim ort é a chur faoi mo bhráid arís ag uair éigin eile.

Health Services

James Reilly

Question:

284 Deputy James Reilly asked the Minister for Health and Children the names and addresses of public and private nursing homes that have been shut down as a result of not meeting Health Information and Quality Authority and Faircare standards; and if she will make a statement on the matter. [25540/10]

As the Deputy is aware under the Health Act, 2007 statutory responsibility is given to the Chief Inspector of Social Services, part of the Health Information and Quality Authority (HIQA) for inspecting and registering categories of designated centres, including nursing homes for older people.

This system of registration and inspection commenced on 1 July, 2009. While some centres have decided to close for various reasons since the introduction of the new regime only one home has been deregistered. In this regard, pursuant to Sections 59 and 60 of the Health Act 2007, an ex parte interim order was made by the District Court in Bray, Co. Wicklow on 29 March 2010 cancelling the registration of Glenbervie Nursing Home, Sidmonton Road, Bray, Co. Wicklow as a designated centre under part 8 of the Health Act 2007, with effect from 30 March 2010. The service provider decided not to contest the decision and the order was confirmed as final and permanent pursuant to Section 61(3)(a) of the Act on 23 April 2010.

Medical Cards

Michael Ring

Question:

285 Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will receive their renewed medical card. [25552/10]

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.

Vaccination Programme

James Reilly

Question:

286 Deputy James Reilly asked the Minister for Health and Children if she will provide a breakdown of the amount spent on swine flu, including vaccination, the Health Service Executive swine flu awareness campaign, general practitioner rates and surgical equipment; and if she will make a statement on the matter. [25585/10]

James Reilly

Question:

287 Deputy James Reilly asked the Minister for Health and Children the number of swine flu vaccines purchased by the Health Service Executive; the cost of same; the number of swine flu vaccines administered to date; and if she will make a statement on the matter. [25586/10]

I propose to take Questions Nos. 286 and 287 together.

The issues raised by the Deputy are service issues which are the responsibility of the Health Service Executive. I wish to advise the Deputy that due to industrial action affecting the HSE, it is not possible for the Executive to supply responses to all the queries raised. If this matter remains of continuing concern to you, however, I would invite you to raise it with me again in due course.

Children in Care

Denis Naughten

Question:

288 Deputy Denis Naughten asked the Minister for Health and Children, further to the Health Service Executive details of the number of children who died while in care over a ten-year period, the number of such children who were unaccompanied minors in State care; and if she will make a statement on the matter. [25587/10]

The HSE has confirmed that the number of children who died in State Care since the year 2000 is 188. I wish to advise the Deputy that due to industrial action in the public service by members of IMPACT, the HSE is not in a position to provide a response to the remaining portion of this Parliamentary Question within the normal timeframe.

Services for People with Disabilities

Pat Breen

Question:

289 Deputy Pat Breen asked the Minister for Health and Children if her attention has been drawn to plans to reduce services to an organisation (details supplied); the impact these cutbacks will have; and if she will make a statement on the matter. [25592/10]

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

Pat Breen

Question:

290 Deputy Pat Breen asked the Minister for Health and Children the situation regarding the provision of dental treatment for medical card holders; her plans for medical card holders who can only receive emergency treatment at present; the difficulties that are arising as a result of same; and if she will make a statement on the matter. [25596/10]

The Government's decision to limit the funding available to the Dental Treatment Services Scheme (DTSS) was made in view of the current position of the public finances and the 60% increase in expenditure in the DTSS over the past five years. The Health Service Executive (HSE) has introduced measures to contain DTSS expenditure at the 2008 level of approximately €63 million.

Under the new measures the range of treatments available are being prioritised. Some treatments which had previously been available in the Scheme, for example, dental cleaning and polishing have been suspended. Other treatments, such as oral examinations and fillings, will continue to be provided but will be limited in number or frequency. More complex, non-routine treatments, such as protracted periodontal treatments, will be available only in the case of clinical emergencies. While I understand that the suspension or reduction in some services will cause difficulties for some patients it is important that those with greatest need take priority. These measures have been introduced to protect access to emergency dental care for medical card holders and to safeguard services for children and special needs groups. The HSE will monitor the ongoing effect of these changes from a clinical and budgetary perspective. The dental and oral health services currently provided through the HSE Public Dental Service will not be affected by these changes to the DTSS.

Asylum Applications

Denis Naughten

Question:

291 Deputy Denis Naughten asked the Minister for Health and Children, further to Parliamentary Question No. 130 of 11 May 2010, the reason for the difference in the number of asylum applications as outlined in the reply and the numbers placed in care as outlined in Parliamentary Question No. 170 of 9 July 2009; and if she will make a statement on the matter. [25599/10]

I wish to advise the Deputy that due to industrial action in the public service by members of IMPACT, the HSE is not in a position to provide a response to this Parliamentary Question within the normal timeframe.

Children in Care

Denis Naughten

Question:

292 Deputy Denis Naughten asked the Minister for Health and Children, further to Parliamentary Question No. 170 of 9 July 2009, if she will provide complete figures for 2009 and from January 2010 to date; and if she will make a statement on the matter. [25600/10]

I wish to advise the Deputy that due to industrial action in the public service by members of IMPACT, the HSE is not in a position to provide a response to this Parliamentary Question within the normal timeframe.

Denis Naughten

Question:

293 Deputy Denis Naughten asked the Minister for Health and Children, further to Parliamentary Question No. 172 of 9 July 2009, if she will provide complete figures for 2009 and from January 2010 to date; and if she will make a statement on the matter. [25601/10]

I wish to advise the Deputy that due to industrial action in the public service by members of IMPACT, the HSE is not in a position to provide a response to this Parliamentary Question within the normal timeframe.

Question No. 294 answered with Question No. 273.

Hospital Services

James Reilly

Question:

295 Deputy James Reilly asked the Minister for Health and Children the number of persons included in the five year review carried out by the Health Service Executive into diagnosed miscarriages; the length of time it will take to conduct this review; if she will provide details of the way in which the HSE will determine the number of patients who were recommended drug or surgical treatment when the diagnosis of miscarriage was made in error and where subsequent information demonstrated that the pregnancy was viable; and if she will make a statement on the matter. [25684/10]

The HSE is in the process of initiating a review of cases over the past five years to determine the number of patients who were recommended drug or surgical treatment when the diagnosis of miscarriage was made in error, and where subsequent information demonstrated that the pregnancy was viable. The terms for the conduct of the review are being finalised at present and will be made public very shortly. At that stage the HSE will be in a position to provide an indicative timeline for the completion of the review.

National Emergency Measures

Joe McHugh

Question:

296 Deputy Joe McHugh asked the Minister for Transport if his Department anticipates that the oil spill off America’s Gulf coast will damage Irish waters and coastlines; if he will outline any pertinent contingency and response measures that have been developed by his Department or the National Emergency Co-ordinating Centre; and if he will make a statement on the matter. [25486/10]

It is anticipated that the oil spill off America's Gulf Coast will not damage Irish waters and coastlines as the possibility that it will reach our shores is considered remote and normal biological processes when oil meets water would nullify further significant distribution beyond the current area of the incident.

Under the Sea Pollution Act 1991 as amended every Local, Port and Harbour Authority is required to prepare oil and hazardous and noxious substance Contingency Plans and to submit them to the Department of Transport for approval. The Coast Guard on behalf of the Department facilitate training every year in oil spill response and clean-up procedures.

The National Emergency Coordination Centre is managed by the Office of Emergency Planning and would facilitate any inter-Departmental emergency meetings if required.

Cross-Border Projects

Thomas P. Broughan

Question:

297 Deputy Thomas P. Broughan asked the Minister for Transport the amount that has been allocated for the A5 upgrade project in 2009, 2010, 2011 and 2012; when it will be finished; and if he will make a statement on the matter. [25283/10]

Under the agreement of March 2007 between the Irish and British Governments on a funding package to support the restored Northern Ireland Executive, the Irish Government made a commitment to provide funding of £400/€580 million in a roads investment package for Northern Ireland which will contribute to the upgrading of the A5 road from Aughnacloy to Derry/Londonderry to dual-carriageway status.

Drawdown depends on the achievement of agreed project milestones and clearance by the Cross-Border Roads Steering Group and North-South Ministerial Council. €9 million was provided in 2009 by the Government for the A5 and a provision for funding of €9.074 million has been made for 2010. The 2011 and 2012 project allocations will be agreed as normal in the context of the overall estimates process.

The A5 project is being implemented by the Roads Service of Northern Ireland (RSNI). The expected completion date of the project is July 2015.

Appointments to State Boards

Thomas P. Broughan

Question:

298 Deputy Thomas P. Broughan asked the Minister for Transport if he will report on all appointments to the board and executive of the National Transport Authority; and if he will make a statement on the matter. [25489/10]

I can report to the Deputy that, since its establishment in December 2009, I have appointed the following members to the Board of the National Transport Authority (NTA):

NATIONAL TRANSPORT AUTHORITY

Mr. John Fitzgerald (Chairperson)

Mr. Gerry Murphy (CEO)

Mr. John Tierney (Dublin City Manager)

Ms. Linda Saunders

Dr. Berna Grist

Mr. Frank King

Mr. Damian Usher

Ms. Valerie O’Reilly

Ms. Margaret O’Shaughnessy

Mr. Jim Deegan

With regard to the Executive of the Authority, Mr. Gerry Murphy was appointed Chief Executive of the NTA and Ms. Anne Graham was appointed Director of Corporate Affairs, both effective from 1 December 2009. I understand that other members of the Executive will be appointed in due course.

Traffic Management

Róisín Shortall

Question:

299 Deputy Róisín Shortall asked the Minister for Transport the position regarding motorcyclists' use of bus lanes; and if motorcyclists are permitted to use this facility in order to improve traffic flows and motorcyclist safety. [25539/10]

The current rules governing use of bus lanes were established through the Road Traffic (Traffic and Parking) Regulations 1997-1998. The regulations, which have national application, generally limit the use of bus lanes to buses and, in the case of with-flow bus lanes, to cyclists also. The key consideration underpinning the current policy is that bus lanes are provided to support and promote bus-based public transport and to protect the carrying capacity of bus lanes so as to optimise journey times for the members of the public who use that mode of transport.

Taxis are available for hire on-street to the public at large and are regarded as being an element of the public transport service and are, accordingly, permitted to use with-flow bus lanes. I have no proposals to extend further the types of vehicles permitted to use bus lanes.

Road Network

Michael D. Higgins

Question:

300 Deputy Michael D. Higgins asked the Minister for Transport his views on the R340 in Connemara; if he will address the ongoing difficulties being experienced regarding potholes and other road hazards in the section of the road between Recess south and Glen Turkeen in Cashel. [25551/10]

The improvement and maintenance of regional and local roads is the statutory responsibility of each local authority, in accordance with the provisions of Section 13 of the Roads Act 1993. Works on those roads are funded from local authorities own resources supplemented by State road grants paid by my Department. On 22nd February, I announced the 2010 regional and local road grant allocations. A total of €411.409 million is being provided to local authorities this year for the maintenance and improvement of regional and local roads.

From this allocation, Galway County Council has been allocated a total of €23,101,894 for works on regional and local roads in 2010. The initial selection and prioritisation of works to be funded from this allocation is a matter for Galway County Council.

Airport Development Projects

Pat Breen

Question:

301 Deputy Pat Breen asked the Minister for Transport, further to Parliamentary Question No. 143 of 10 June 2010, why the constructed length of Runway 10/28 at Dublin Airport, being a mere 2,637 metres long, is 868 metres less than its original proposed length of 3,505 metres; if the red zones were accordingly set 60 metres from the as-built thresholds; if he will make available a map of such revised red zones; and if he will make a statement on the matter. [25594/10]

I understand from the Dublin Airport Authority that with regard to Runway 10-28 the "Red Zones" were positioned based on the originally planned maximum length. There has been no revision to the original Red Zones and consequently I do not have a map of such revised Red Zones.

Visa Applications

Billy Timmins

Question:

302 Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform the position regarding the case of persons (details supplied); and if he will make a statement on the matter. [25108/10]

I can inform the Deputy that the persons concerned are required to be in possession of a valid Irish visa prior to seeking entry to the State. Comprehensive information with regard to the visa application process is available on the website of the Irish Naturalisation and Immigration Service (www.inis.gov.ie).

The provision of a multiple entry visa is available to applicants in certain circumstances. It is not the general practice of the Visa Office to issue multiple journey visas unless a compliant travel history to Ireland in the recent past has been shown. That being said it is open to an applicant to seek a multiple entry visa in circumstances where there is no previous travel history to the State. Essentially the onus rests with the applicant to establish to the satisfaction of the Visa Officer as to why a multiple entry visa is warranted.

Residency Permits

Jack Wall

Question:

303 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the procedure that a person must adhere to in meeting with legislative requirements (details supplied); and if he will make a statement on the matter. [25017/10]

Marriage to an Irish national does not confer an automatic right of residence in the State. A non EEA national who wishes to reside in the State on the basis of their marriage to an Irish national must make an application for permission to remain in the State. There is presently no legislative basis for this process pending the implementation of the revised Immigration Bill.

There are currently two routes in which a non EEA national can apply for temporary permission to reside in the State on the basis of marriage to an Irish national.

1. If they are a non visa required national who has entered the State legally within the last 90 days or if they are a visa required national and they are within the period of permission to remain granted to them on arrival in the State (except short stay ‘c' visas) or if they have current permission to remain in the State on an alternative basis both the applicant and their Irish national spouse should attend at their local Garda National Immigration Bureau Registration Office with the following documentation: original marriage certificate; original passport; Irish spouse's original passport and birth certificate; and evidence of their joint address.

2. If they do not have current permission to remain in the State a written application must be made to the following address: Spouse of Irish National Unit, Immigration Services Section, Irish Naturalisation and Immigration Service, 1st Floor, 13-14 Burgh Quay, Dublin 2.

The following original documentation should be included with their application; details of their immigration history in this State; their current legal status; original marriage certificate detailed information regarding their relationship history and the context in which their marriage took place; evidence of their current address of their joint habitual residence; original passport and birth certificate; Irish spouse's original passport and birth certificate; divorce papers from applicant (if applicable); other supporting documentation — photographs; and accommodation details: Rent Book, Joint Tenancy Agreement/Proof of Home Ownership, Utility Bills, Financial Statements, letter from Community Welfare Officer/Social Worker or Tax Credit form from the Revenue Commissioners.

Information detailing the requirements for such applications can be found on the INIS website — www.inis.gov.ie — by selecting Immigration and then Spouse of an Irish National.

Garda Vetting Services

Jack Wall

Question:

304 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform how a voluntary group (details supplied) catering for 500 children can ensure that their volunteers are Garda vetted. [25077/10]

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

The strategic expansion of the Garda vetting service is taking place by way of a phased roll-out to an increasing number of organisations in the child and vulnerable adult care sectors. This target group is the clear policy priority. Phasing the expansion of vetting is necessary to prevent an unmanageable surge in vetting application numbers. This expansion will continue on a phased basis until vetting is provided for all personnel working in a full-time, part-time and/or voluntary capacity with children and/or vulnerable adults.

In this context, any organisation seeking the services of the GCVU should contact it with a view to registering with it.

Citizenship Applications

Jack Wall

Question:

305 Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform the procedure involved for a person aged 18 years to obtain nationality in view of the fact that they have lived here for the past eight years and want to make this State their permanent home; and if he will make a statement on the matter. [25079/10]

The Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister for Justice, Equality and Law Reform may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The standard conditions for a person aged 18 years are that they must: be of good character; have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years; intend in good faith to continue to reside in the State after naturalisation; have made, either before a Judge of the District Court in open court or in such a manner as the Minister, for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.

Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.

It is open to the person concerned to lodge an application for a certificate of naturalisation with the citizenship Division of my Department if and when they are in a position to meet the statutory requirements.

Garda Deployment

Emmet Stagg

Question:

306 Deputy Emmet Stagg asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 570 of 20 April 2010, if the Garda Commissioner has accepted and intends to implement any of the Garda Síochána Inspectorate’s recommendations on personnel allocation. [25082/10]

As stated in the response to Parliamentary Question No. 570 of 20 April 2010, the contents of the Report of the Garda Síochána Inspectorate on Resource Allocation are being examined by the Garda Commissioner and his senior management.

I am informed that, following discussions with Garda management, the Garda Inspectorate intends to publish an update in July 2010 on the implementation of their recommendations.

Garda Stations

Paul Kehoe

Question:

307 Deputy Paul Kehoe asked the Minister for Justice, Equality and Law Reform if he will confirm the exact opening hours for the public to visit a Garda station (details supplied); if the hours are not published in the window of the Garda station, how the public are expected to know when it is open in order to transact necessary business; if he will further confirm if any proposals are in existence with regard to the provision of a regular Garda car to this station and extensive area; and if he will make a statement on the matter. [25104/10]

I am informed by the Garda authorities that the opening hours of the Glynn Garda Station are from 10am to 1pm when the Garda is on duty. The opening hours of the station are published in a prominent position in the front window of the Garda Station and the details of the official mobile phone and private phone number for the Garda are also provided on this notice.

When the Garda is not on duty or is on duty away from the Garda Station, the ‘Green Man' telecommunications system at the Garda Station diverts all callers to the Garda Station either directly to the Garda or to the Divisional / District Headquarters at Wexford.

I am further informed that there are 54 vehicles allocated to the Wexford Division. The responsibility for the efficient deployment of all official vehicles in a Division is vested in the Divisional Officer who may switch vehicles from station to station as the occasion demands.

Mobile patrols of the sub-district and surrounding area are conducted in conjunction with Garda personnel from Castlebridge and Taghmon Garda Stations, supported by additional patrols by uniform and plain-clothes personnel from Wexford District and the Divisional Traffic Corps personnel.

Asylum Applications

Bernard J. Durkan

Question:

308 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [25120/10]

The person concerned applied for asylum on 14 April 2005. In accordance with Section 9 of the Refugee Act 1996 (as amended), he was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 20 February 2007, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Bernard J. Durkan

Question:

309 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [25121/10]

I refer the Deputy to my detailed Reply to his earlier Parliamentary Question, No 145 of Thursday, 5 November 2009, and the written Reply to that Question.

The position in the State of the person concerned now falls to 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.

Jan O'Sullivan

Question:

310 Deputy Jan O’Sullivan asked the Minister for Justice, Equality and Law Reform how he plans to resolve the current problem with the Irish Naturalisation and Immigration Services-Oireachtas email facility for asylum seekers and refugees, which has not operated for more than two months, in order that Deputies can respond to various queries raised; and if he will make a statement on the matter. [25141/10]

I refer the Deputy to my response to Parliamentary Questions Number 201 of 26th May and Number 301 of 1st June, 2010 which sets out the position.

Garda Compensation Scheme

Denis Naughten

Question:

311 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform if recent media reports that he is transferring the Garda compensation scheme to the State Claims Agency are correct; the savings he expects to achieve; if legislation to give effect to the transfer is planned; when he expects the change to happen; and if he will make a statement on the matter. [25186/10]

The Garda Síochána (Compensation) Acts 1941 and 1945 provide for a scheme for compensation for gardaí who have been killed or maliciously injured in the line of duty. The scheme provides for compensation for the family of a deceased member where death resulted from malicious injury. It also provides a mechanism for a member to apply to my Department for authorisation for cases of malicious injury of a non-minor nature to be assessed by the High Court and provides for compensation to a member for a malicious injury of a minor nature where the duty being performed involved special risk.

There has been a shared view for some time that the existing scheme needs to be replaced with a more efficient process. The scheme, whereby all cases must go to the High Court, is liable to delays and high legal costs, and lacks facilities to settle claims in an efficient manner consistent with recent developments in processing personal injury claims.

The State Claims Agency recently submitted proposals for an alternative scheme. My Department is currently considering these with Garda management and in consultation with the Garda associations. The objective of the proposals is to establish a more cost effective compensation scheme which will deal with compensation claims for malicious injuries in a timely and efficient manner and to the satisfaction of all interested parties. It is my intention, on the conclusion of these discussions, to bring forward proposals for implementing legislative measures.

Controlled Substances

Leo Varadkar

Question:

312 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform if there is any empirical evidence to support the claim that the number of head shops operating here has fallen to 36 from over 100 since the recent banning of certain products (details supplied); and if he will make a statement on the matter. [25192/10]

Leo Varadkar

Question:

313 Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform if a census or count of head shops has been carried out by the Garda; the number of outlets in operation by town and county; and if he will make a statement on the matter. [25193/10]

James Reilly

Question:

331 Deputy James Reilly asked the Minister for Justice, Equality and Law Reform the number of head shops known to the Garda; the number of these that the Garda knows to have shut down after new substances were added to the banned list; the number of head shops that the Garda knows to have reopened; and if he will make a statement on the matter. [25541/10]

I propose to take Questions Nos. 312, 313 and 331 together.

I am informed by the Garda authorities that up to April 26 2010 there were 102 head shops operating in the State.

As the Deputies will be aware, on May 11 2010, further regulation of certain psychotropic substances was implemented, supplemented by Garda visits to the premises in question, and a number of these premises subsequently closed down.

Both prior to and since the regulation of these substances the Gardaí have continued to monitor the operation of such premises. I am now advised by the Garda authorities that as on June 10 Garda National Drugs Unit records show that a total of 48 head shops are now operating nationwide. Information in relation to their location by Garda Division is set out in the table below.

I am assured that this situation is being closely monitored by the Commissioner, his senior management team, and the Detective Chief Superintendent of the Garda National Drugs Unit.

In addition, the Deputy will be aware of my legislative proposals in relation to outlawing the sale of psychotropic substances. The Minister for Health and Children is also keeping the list of banned substances under review.

Number of head shops operating nationwide to 10 June 2010

Garda division

No. of head shops

Location

DMR North Central

5

City Centre

DMR South Central

5

City Centre

DMR North

1

Malahide

DMR East

1

Dun Laoghaire

DMR West

2

Finglas

Louth

1

Drogheda

Cork City

3

Cork City

Cork West

3

Bandon, Bantry, Kinsale

Kerry

1

Killarney

Limerick

4

Limerick

Kildare

2

Naas, Athy

Laois/Offaly

2

Portlaoise, Tullamore

Westmeath

2

Mullingar

Wicklow

1

Bray

Galway

3

Galway

Mayo

3

Castlebar & Ballina

Roscommon/Longford

1

Longford

Tipperary

1

Clonmel

Waterford

5

Waterford

Wexford

2

Wexford, New Ross

Prison Accommodation

Denis Naughten

Question:

314 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the bed capacity of each prison and the most recent actual prisoner numbers in each prison; and if he will make a statement on the matter. [25223/10]

On 11 June, 2010, there were 4,274 prisoners in custody as compared to a bed capacity of 4,066. This represents an occupancy level of 105%. The following table provides a breakdown of the population of each prison/place of detention on 11 June, 2010.

Prison/Place of Detention

Bed Capacity

No. in Custody

Arbour Hill Prison

148

151

Castlerea Prison

351

387

Cloverhill Prison

431

482

Cork Prison

272

300

Dóchas Centre

85

129

Limerick Prison (male)

290

312

Limerick Prison (female)

20

22

Loughan House

150

140

Midlands Prison

516

534

Mountjoy Prison (male)

590

674

Portlaoise Prison

359

265

Shelton Abbey

100

99

St. Patrick’s Institution

217

213

Training Unit

107

116

Wheatfield Prison

430

450

Totals

4,066

4,274

As the Deputy will appreciate, the Irish Prison Service must accept all prisoners committed by the Courts into its custody and does not have the option of refusing committals. It is the case that there has been a consistent increase in the total prisoner population over recent years. This situation is particularly apparent over the past 12 months during which time the total number in custody has increased by 345. This represents a rise of approximately 9% in the numbers in custody.

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

Current projects will see a further 200 prison spaces provided in the short term by means of a new block in Wheatfield. In addition, we hope to proceed in late 2010 with a new accommodation block in the Portlaoise/Midlands prisons complex which will provide 300 prison spaces in the medium term. Also In the medium term, work is due to commence on converting an administrative building on the Dóchas site into a new accommodation block. This will provide 30 rooms with sufficient area to double up, if required, and is due to be completed by September/October 2010.

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

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

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

Citizenship Applications

Michael Ring

Question:

315 Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when an application for naturalisation will be approved in respect of a person (details supplied) in County Mayo. [25227/10]

I refer the Deputy to my reply to Parliamentary Question No. 175 of 29 April 2010. The position remains as stated.

John O'Mahony

Question:

316 Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform when a person (details supplied) in County Mayo will receive a decision in respect of their application for naturalisation; and if he will make a statement on the matter. [25235/10]

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 July 2007.

All valid applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 26 months. More complicated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale. 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

Joe Costello

Question:

317 Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform the position regarding an application for subsidiary protection in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [25312/10]

The person concerned applied for asylum on 26 November 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 25 August 2006, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should not have a Deportation Order made against him. Representations were submitted on behalf of the person concerned at that time.

The person concerned initiated Judicial Review Proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in his case. The High Court refused the Judicial Review Leave Application with the consequence that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood.

By letter dated 21 January 2009, the person concerned was notified of his entitlement to submit an application for Subsidiary Protection in the State. He was also invited to update his earlier representations to the Minister. Updated representations were submitted on behalf of the person concerned as was an application for Subsidiary Protection in the State.

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Child Pornography

Joanna Tuffy

Question:

318 Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to a recent programme (details supplied) exposing the number of persons downloading child pornography over the course of one month in Ireland; if he intends to carry out investigations of the matters covered in the programme; and if he will make a statement on the matter. [25317/10]

I am aware of the programme referred to by the Deputy. I have requested a report from the Garda authorities in relation to the matter to which he refers. I will contact the Deputy again when the report is to hand.

Asylum Applications

Michael D. Higgins

Question:

319 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the position regarding an application for leave to remain here in respect of a person (details supplied) in County Dublin; when a decision will issue on this application; and if he will make a statement on the matter. [25318/10]

The person concerned applied for asylum on 14 July 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), he was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 14 August 2008, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. The Deputy can be assured that all representations submitted, including those relating to the family and domestic circumstances of the person concerned, will be fully 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.

The case of the person concerned is amongst a sizeable number of such cases which are awaiting a decision at present. However, my Department has given a commitment to having this case finalised by 31 December 2010 at the latest.

Citizenship Applications

Michael D. Higgins

Question:

320 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in respect of a person (details supplied) in County Dublin; when a decision will issue on this application; and if he will make a statement on the matter. [25319/10]

An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in February 2006.

On examination of the application submitted it was determined that the person in question did not meet the statutory residency requirements as set out in the Irish Nationality and Citizenship Act, 1956, as amended. The person concerned was informed of this in a letter issued to her on 18th March, 2006.

It is open to the person concerned to lodge a new application for a certificate of naturalisation with the Citizenship Division of my Department if and when they are in a position to meet the statutory requirements.

Prison Building Programme

Denis Naughten

Question:

321 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 247 of 13 October 2009, the cost of planting in 2009; the corresponding maintenance costs; the consideration given to undertaking further additional planting; and if he will make a statement on the matter. [25320/10]

No additional planting was undertaken at the Thornton Hall Site during 2009.

During 2009, approximately €9,600 was spent on landscape maintenance, including weed removal and control; removal of all tree stakes and tree ties; fixing and securing of protective fencing etc at the Thornton Hall site. Consideration was given to the planting of further trees and shrubs as referred to in my answer to the Deputy's Parliamentary Question No. 247 of Tuesday, 13 October 2009. However, this had to be deferred due to weather conditions.

The Deputy will be aware that when granting development consent for the Thornton Hall prison project, the Oireachtas decided to increase the planted zone at certain points along the perimeter of the site in order to mitigate the visual and aural impact of the development. This additional planting will be undertaken at the appropriate time.

Decentralisation Programme

Denis Naughten

Question:

322 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 215 of 4 November 2009, the timetable for the completion of the project; the total number of whole-time personnel to be based in Roscommon; the number currently located in Roscommon; the breakdown between decentralised posts and posts transferred from other local offices; and if he will make a statement on the matter. [25322/10]

The Office of Public Works (OPW), which has responsibility for providing the accommodation in Roscommon, has informed the Property Registration Authority (PRA) that work on the new building is proceeding. The OPW has indicated that the new building will be ready for occupation in the first quarter of 2011.

Under the Government's decentralisation programme the total number of posts envisaged for the Roscommon office of the PRA is 230. On 10 June 2010, 76 staff were employed by the PRA in its temporary accommodation in Roscommon Town. Of these staff, 18 had previously worked in the Department of Agriculture's local office in Roscommon Town, with the balance of 58 coming from Dublin (24), other regional locations (23) and new recruits (11).

Asylum Applications

Bernard J. Durkan

Question:

323 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Louth; and if he will make a statement on the matter. [25340/10]

The person concerned applied for asylum on 25 April 2003. In accordance with Section 9 of the Refugee Act 1996 (as amended), he was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 9 April 2010, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Children in Care

Denis Naughten

Question:

324 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform if the Garda Síochána has implemented the updated joint protocol, Children Missing from Care, with the Health Service Executive; and if he will make a statement on the matter. [25349/10]

Denis Naughten

Question:

353 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform if joint Garda-HSE review of the protocol for reporting the disappearance of migrant children has been completed; the changes that were recommended and implemented; and if he will make a statement on the matter. [25603/10]

I propose to take Questions Nos. 324 and 353 together.

A joint protocol between An Garda Síochána and the Health Service Executive on missing children was signed by the Garda Commissioner and the Chief Executive of the HSE on 22 April, 2009. The joint protocol sets out the roles and responsibilities of both agencies in relation to children missing from care and to address any underlying concerns.

I am informed by the Garda authorities that the protocol covers separated children seeking asylum, in addition to children who would come into HSE care in other ways. All children reported missing from care or otherwise are treated in the same way.

I am also informed that discussions are currently ongoing between An Garda Síochána and the Health Service Executive, reviewing the implementation of the protocol in accordance with its provisions.

Asylum Applications

Martin Ferris

Question:

325 Deputy Martin Ferris asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Kerry has had their application for asylum accepted. [25465/10]

The person concerned applied for asylum on 4 July 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 16 January 2007, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Willie O'Dea

Question:

326 Deputy Willie O’Dea asked the Minister for Justice, Equality and Law Reform when a person (details supplied) in County Limerick will receive a response to their application for asylum. [25469/10]

The person concerned applied for asylum on 16 March 2009. In accordance with Section 9 of the Refugee Act 1996 (as amended), he was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 9 March 2010, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Willie O'Dea

Question:

327 Deputy Willie O’Dea asked the Minister for Justice, Equality and Law Reform when a person (details supplied) who has applied for subsidiary protection and is awaiting the outcome of their representation under Section 3 of the Immigration Act of 1999 against deportation, will receive an update on their requests. [25470/10]

The person concerned applied for asylum on 21 October 2005. In accordance with Section 9 of the Refugee Act 1996 (as amended), he was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 23 November 2006, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations.

On 23 January 2009 a formal "take back" request was received from Finland in respect of the person concerned in accordance with Article 16(1)(e) of Council Regulation (EC) 343 of 2003. This request was made because the person concerned had made an application for asylum in Finland. This request was accepted by Ireland and arrangements were made for his return from Finland to Ireland on 2 April 2009.

On 17 September 2009, the legal representative of the person concerned made an application under Section 17(7) of the Refugee Act 1996 (as amended) requesting that the person concerned be re-admitted to the asylum process. This request was refused and the refusal decision was notified by letter dated 12 October 2009. On 22 December 2009 a formal "take back" request was received from Sweden in respect of the person concerned in accordance with Article 16(1)(e) of Council Regulation (EC) 343 of 2003. This request was made because the person concerned had made an application for asylum in Sweden. This request was accepted by Ireland and arrangements were made for his return from Sweden to Ireland on 18 March 2010.

The person concerned now falls to be considered for Subsidiary Protection 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.

Corporate Governance

Pat Rabbitte

Question:

328 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform the State agencies under the aegis of his Department to which the 2009 Code of Practice for the Governance of State Bodies applies; if all these agencies have submitted assurances and reports confirming compliance with the code in 2009; and if he will make a statement on the matter. [25473/10]

Pat Rabbitte

Question:

329 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform if the boards of State agencies under the aegis of his Department which are required to implement the new Code of Practice for the Governance of State Bodies that have formally adapted the code at a board meeting; if they have undertaken training to ensure proper implementation of the code; the monitoring procedures they have put in place to ensure proper compliance with the code; and if he will make a statement on the matter. [25474/10]

Pat Rabbitte

Question:

330 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform if his Department has reviewed the compliance by State bodies that come under its remit with the Code of Practice for the Governance of State Bodies; if he will name the State bodies that have not achieved full compliance; the reason for same: the action taken by his Department; the results of same; and if he will make a statement on the matter. [25475/10]

I propose to take Questions Nos. 328 to 330, inclusive, together.

The Code of Practice for the Governance of State Bodies applies to the following Bodies under the aegis of my Department:

The Courts Service;

The Property Registration Authority;

The Legal Aid Board;

The Private Security Authority;

The Office of the Data Protection Commissioner;

The Office of the Refugee Applications Commissioner;

The Refugee Appeals Tribunal;

The Garda Síochána Ombudsman Commission;

The Irish Film Classification Office.

The Boards concerned have also reported to the Department on the measures being taken to bring about compliance. In the case of the other Bodies which do not have a Board structure, appropriate measures are also in place to bring about compliance. Corporate governance arrangements are overseen by the appropriate Line Divisions of my Department and by senior management at Heads of Sector meetings.

Question No. 331 answered with Question No. 212.

Asylum Applications

Michael D. Higgins

Question:

332 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the position regarding an application for leave to remain in respect of a person (details supplied); when a decision will be made on the application; the status of that person’s application to move to direct provision in Galway; and if he will make a statement on the matter. [25542/10]

The person concerned applied for asylum on 15 May 2008. In accordance with Section 9 of the Refugee Act 1996 (as amended), he was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 18 March 2010, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

In so far as the accommodation issue is concerned, the position is that in November 2009 the person concerned left his accommodation in Cork and was notified by the Reception and Integration Agency (RIA) on 11 December 2009 that his bed at that centre was no longer available to him. On 17 December 2009, he was offered accommodation in Sligo but he did not take up the offer. On 14 January 2010, he was offered alternative accommodation in Cork. He arrived at the centre on 19 January 2010 and left again on 2 February 2010. On 24 May 2010, he was offered accommodation in Waterford and again has not taken up the offer.

Michael D. Higgins

Question:

333 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the position regarding an application for subsidiary protection and leave to remain in respect of a person (details supplied) in Galway; when a decision will be made on the application; and if he will make a statement on the matter. [25543/10]

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

Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 11 March 2009, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Michael D. Higgins

Question:

334 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the position regarding an application for leave to remain in respect of a person (details supplied); when a decision will be made on the application; and if he will make a statement on the matter. [25544/10]

The person concerned applied for asylum on 29 September 2005. In accordance with Section 9 of the Refugee Act 996 (as amended), he was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), the person concerned was notified, by letter dated 13 November 2006, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why he should not have a Deportation Order made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006).

The person concerned initiated Judicial Proceedings in the High Court challenging the decision of the Refugee Appeals Tribunal in his case. The High Court refused the Judicial Review Leave Application with the consequence that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood.

The case file of the person concerned now falls to 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. Any 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.

Michael D. Higgins

Question:

335 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the position regarding an application for leave to remain in respect of a person (details supplied) in Dublin 22; when a decision will be made on the application; and if he will make a statement on the matter. [25545/10]

The person concerned applied for asylum on 1 December 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), she was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 31 January 2006, 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 were submitted on behalf of the person concerned at that time and subsequently.

The position in the State of the person concerned now falls to 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.

Michael D. Higgins

Question:

336 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the position regarding an application for leave to remain in respect of a person (details supplied); when a decision will be made on the application; and if he will make a statement on the matter. [25546/10]

The person concerned applied for asylum on 15 August 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), she was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 14 February 2009, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Residency Permits.

Michael D. Higgins

Question:

337 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency by virtue of being the spouse of a person (details supplied); when a decision will be made on the application; and if he will make a statement on the matter. [25547/10]

Based on the information provided by the Deputy I can confirm that the person concerned is required to be in possession of a valid Irish visa prior to seeking entry to the State. That being said the Visa Section of my Department can find no record of a current visa application for the person concerned.

It is open to the individual to apply for a visa, each application being considered on its individual merits. Comprehensive information with regard to the application process is available on the website of the Irish Naturalisation and Immigration Service (www.inis.gov.ie).

Asylum Applications

Michael D. Higgins

Question:

338 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the position regarding an application for leave to remain in respect of a person (details supplied); when a decision will be made on the application; and if he will make a statement on the matter. [25548/10]

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

Malicious Damage Compensation

Joe McHugh

Question:

339 Deputy Joe McHugh asked the Minister for Justice, Equality and Law Reform if State compensation is available for minority Church buildings that are subjected to sectarian attacks; if he will provide details of the appropriate channels; and if he will make a statement on the matter. [25550/10]

The Malicious Injuries Acts 1981-1986 provide that compensation is payable by local authorities where damage exceeding €127 is caused unlawfully by one or more of a number of persons riotously assembled, or as a result of an act committed maliciously on behalf of an unlawful organisation, or as a result of an act committed maliciously by a person acting on behalf of an organisation outside the State that engages in or advocates the use of violence for purposes related to the administration of the State or Northern Ireland. The administration of the Malicious Injuries Scheme is a matter for the local authority concerned.

Asylum Applications

Michael D. Higgins

Question:

340 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the position regarding an application for leave to remain in respect of a person (details supplied); when a decision will issue on the application; and if he will make a statement on the matter. [25560/10]

As the name and reference number supplied by the Deputy do not match, it is not possible to definitively identify the person to whom the Deputy is referring in his Question. However, if the Deputy wishes to re-submit his Question with the correct details included, I will be happy to provide a substantive response.

Citizenship Applications

Michael D. Higgins

Question:

341 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the position regarding an application for naturalisation in respect of a person (details supplied); when a decision will issue on the application; and if he will make a statement on the matter. [25561/10]

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 July 2009.

All valid applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 26 months. More complicated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale. However, I understand that the person concerned is a refugee. In accordance with the Government's obligations under the United Nations Convention relating to the Status of Refugees, every effort is made to ensure that applications from persons with refugee status are dealt with as quickly as possible.

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.

Deportation Orders

Michael D. Higgins

Question:

342 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the position regarding an application for leave to remain in respect of a person (details supplied); when a decision will issue on the application; and if he will make a statement on the matter. [25562/10]

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy has no application pending for leave to remain. The person concerned is the subject of a Deportation Order following a comprehensive and thorough examination of his asylum claim and his application to remain temporarily in the State.

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

Residency Permits

Michael D. Higgins

Question:

343 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the position regarding an application for a stamp four in respect of a person (details supplied); when a decision will issue on the application; and if he will make a statement on the matter. [25563/10]

I am advised by the Irish Naturalisation & Immigration Service (INIS) that the person in question was initially registered in the State as the spouse of an Irish national on 17 November 2003 and granted permission to remain in the State for 5 years up to 16 November 2008 resulting in a stamp 4 registration. The person in question did not subsequently renew their permission to reside in the State on that basis prior to its expiry date. This permission has now lapsed.

The INIS informs me that no application for a Stamp 4 registration has been received to date from the person concerned on the basis of being married to an Irish national.

I am advised that the person concerned can make an application for residency in writing on the basis of marriage to an Irish national to the Spouse of Irish National Unit, Immigration Services Section, Irish Naturalisation and Immigration Service, 13-14 Burgh Quay, Dublin 2.

Information detailing the requirements for such applications can be found on the INIS website — www.inis.gov.ie — by selecting Immigration and then Spouse of an Irish National.

Michael D. Higgins

Question:

344 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the position regarding an application in respect of a person (details supplied); when a decision will issue on the application; and if he will make a statement on the matter. [25564/10]

I wish to inform the Deputy that the person to whom he refers is a dependant of a family unit granted permission to remain in the State under the IBC/05 Scheme. In October of 2007, she was granted permission to remain in the State in line with that granted to her father. This permission is valid until 28 July, 2010. The person in question is advised to write to the Irish Naturalisation and Immigration Service, 13-14 Burgh Quay, Dublin 2, with a view to having her permission to remain in the State renewed.

Michael D. Higgins

Question:

345 Deputy Michael D. Higgins asked the Minister for Justice, Equality and Law Reform the position regarding applications in respect of persons (details supplied); when a decision will issue on the applications; and if he will make a statement on the matter. [25565/10]

I have been informed by the Irish Naturalisation and Immigration Service (INIS) that the first named applicant referred to by the Deputy arrived in the State on 30 December 1999 and claimed asylum. On the basis of her parentage of an Irish born child, she was granted permission to remain in the State in May 2001. This permission to remain in the State has been extended to 2011.

The second applicant referred to by the Deputy arrived in the State on 2 March 2007 on foot of a C-Visit Visa for a short term visit and was granted permission to remain in the State until 1 June 2007. On 23 May 2007, the applicant applied for an extension to his permission to remain in the State. This application was refused on 30 May 2007 and upheld on appeal on 1 August 2007. Subsequently, following the consideration of the case under Section 3 of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the Prohibition of Refoulement, a Deportation Order was signed in respect of the second applicant concerned on 20 August, 2009.

The applicants concerned initiated Judicial Review Proceedings in the High Court on 15 September, 2009 challenging the decision to make a Deportation Order. As these proceedings are ongoing, the matter is sub judice and it would not be appropriate for me to comment further on this case at this time.

Child Pornography

Charles Flanagan

Question:

346 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if his Department has a unit dedicated to tackling child pornography; and if he will make a statement on the matter. [25566/10]

Richard Bruton

Question:

349 Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the ease of access in Ireland to websites which promote child pornography; if his further attention has been drawn to the actions taken by other countries to block such access; and if he will make a statement on the matter. [25577/10]

I propose to take Questions Nos. 346 and 349 together.

The detection and investigation of criminal offences concerning child pornography is a matter for An Garda Síochána. I have been informed by the Garda authorities that the Domestic Violence and Sexual Assault Unit operating within the National Bureau of Criminal Investigation has responsibility for tackling this form of crime. The Office for Internet Safety (OIS) is an Executive Office within my Department and has responsibility for promoting internet safety, particularly for children and young people. The Office has a role in considering measures to address illegal and harmful content on the internet, including child pornography. The OIS is advised by an Internet Safety Advisory Council, comprised of key stakeholders in the statutory, industry and community sectors.

The internet is a worldwide phenomenon with no borders and no single organisation controlling it. There is, however, an existing self-regulatory framework for internet service providers (ISPs) in Ireland which actively encourages the adoption of best practice procedures aimed at limiting the proliferation of illegal child pornography content online. Members of the public may report such material to the Internet Service Providers' Association of Ireland (ISPAI)'s www.hotline.ie service. If the material is hosted here and deemed to be illegal, ISPAI members are obliged to remove such materials. If the material is hosted in another jurisdiction, it is notified to the internet hotline in that jurisdiction and/or to relevant law enforcement agencies for follow up, with the aim of having illegal content taken down.

In a number of EU Member States (the UK, Denmark, Finland, Norway, Sweden and the Netherlands), a system of internet blocking/filtering has been introduced on a voluntary basis, whereby a "blocklist" of sites containing child pornography is made available by the police or other competent authorities, and is utilised by individual Internet Service Providers to prevent access to such content. A number of other Member States (Germany, France) have introduced or are considering the introduction of legislation requiring ISPs to block access to websites containing child pornography. It is generally acknowledged that all such internet blocking or filtering systems are not foolproof and can be circumvented in certain circumstances. However, such filtering systems are understood to be useful in preventing internet users from inadvertently encountering such illegal content.

At present all of the mobile phone operators in Ireland, under a voluntary agreement brokered by the European Commission with the GSM Alliance Europe (association representing European Mobile Phone Operators), implement a form of filtering on their mobile internet service, which prevents access to websites which have been identified as containing child pornography content.

This issue of the possible utilisation of blocking/filtering methodologies to prevent access to identified web pages containing child pornography is being considered further by the Office for Internet Safety with advice from the Internet Safety Advisory Council. In undertaking research in this area, the Office for Internet Safety has had discussions with a variety of relevant interests in relation to the possibility of introducing internet filtering, specifically in respect of illegal child pornography content, in Ireland. However, I should make it clear that no decisions have been arrived at on this issue of internet filtering/blocking at national level. Any proposals for introducing such a system would need, at the very least, to be submitted to Government for consideration. The introduction of any such system, particularly if on a mandatory basis, may require the introduction of primary legislation.

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

Crime Levels

Charles Flanagan

Question:

347 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of offences that were committed by persons on temporary release in each of the years 2007, 2008, 2009 and to date in 2010; and if he will make a statement on the matter. [25567/10]

The information sought by the Deputy is not readily available and could only be compiled with the disproportionate use of staff resources.

One of the main matters taken into consideration when deciding whether or not a prisoner is suitable for temporary release is public safety. All releases are subject to conditions, which in the vast majority of cases include a requirement that the individual report on a regular basis to his or her Garda station. Any offender who breaches his or her conditions may be arrested and returned to prison immediately by An Garda Síochána.

Gold Transactions

Willie Penrose

Question:

348 Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform if, in view of the recent increase in robberies in which gold items have been stolen, it is his intention to introduce regulations to help identify vendors and purchasers of gold items; and if he will make a statement on the matter. [25571/10]

I wish to advise the Deputy that neither my Department nor An Garda Síochána have any function in relation to the regulation of legal transactions in gold. Furthermore, the informal purchase of gold is not specifically regulated in criminal legislation.

I am informed by the Garda Authorities that they are not aware of the involvement of any organised criminal group, in the sale or disposal of gold in the manner outlined at this time. However, should An Garda Síochána become aware of such incidents they will be subject to investigation and on completion a file would be submitted to the Law Officers for consideration as to what charges, if any should be preferred.

An Garda Síochána enforce the provisions of the criminal law in respect of theft and robbery, including theft and robbery of jewellery and precious metals. While the informal purchase of gold is not specifically regulated, the circumstances under which gold is being bought or sold may indicate the commission of certain offences, for example the handling of stolen property and or the possession of stolen property, which are offences under sections 17 and 18 of the Criminal Justice (Theft and Fraud Offences) Act, 2001 respectively. If members of the public have suspicions that goods being sold or traded may have been stolen, the correct action is for these suspicions to be referred to An Garda Síochána for investigation.

Question No. 349 answered with Question No. 346.

Crime Levels

Deirdre Clune

Question:

350 Deputy Deirdre Clune asked the Minister for Justice, Equality and Law Reform the number of domestic violence incidents that An Garda Siochána responded to in each of the past five years; and if he will make a statement on the matter. [25579/10]

Deirdre Clune

Question:

351 Deputy Deirdre Clune asked the Minister for Justice, Equality and Law Reform the number of prosecutions for domestic violence in each of the past five years; the number of convictions for domestic violence in the same five years; and if he will make a statement on the matter. [25580/10]

I propose to take Questions Nos. 350 and 351 together.

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

I am informed that it is not possible for the CSO to provide the specific statistics requested by the Deputy.

Citizenship Applications

Brian O'Shea

Question:

352 Deputy Brian O’Shea asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in respect of persons (details supplied) in County Waterford; and if he will make a statement on the matter. [25597/10]

Valid applications for certificates of naturalisation from the persons referred to in the Deputy's Question were received in the Citizenship Division of my Department in November 2007.

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

Question No. 353 answered with Question No. 324.

Garda Investigations

Bernard J. Durkan

Question:

354 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the action taken following the reported assault of a person (details supplied) on 25 May 2010 in Celbridge, County Kildare; if any person or persons have been interviewed or charged in connection with this incident; if charges are pending; and if he will make a statement on the matter. [25657/10]

I am informed by the Garda authorities that the matter referred to by the Deputy is under investigation by them. It would therefore be inappropriate for me to comment further at this time.

Bernard J. Durkan

Question:

355 Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the action he has taken following reports of alleged suspicious attempts by a person to lure children into a motor vehicle in the area of Leixlip, County Kildare; and if he will make a statement on the matter. [25658/10]

I am informed by the Garda authorities that local Garda management is not aware of any incidents of the type referred to by the Deputy in the area in question nor have any such incidents been reported to An Garda Síochána. Any such complaints received will be investigated and acted upon.

Human Rights Issues

Michael D. Higgins

Question:

356 Deputy Michael D. Higgins asked the Minister for Foreign Affairs his views on reports of the unlawful killing of a person (details supplied); if the matter has been raised at the level of the European Union, specifically at the Council of Ministers. [25098/10]

I was very concerned to hear of the death in unexplained circumstances on 2 June in the Democratic Republic of the Congo of Mr Floribert Chebeya Bahizire, executive director of the organisation "La Voix des Sans Voix" (Voice of the Voiceless). The discovery two days later of the body of Mr Fidele Bazana Edadi, Mr Chebeya's colleague and driver, was reason for further concern. Mr Chebeya was a leading defender of human rights, who had worked for years on promoting human rights and democracy in the DRC. Mr. Chebeya had been arrested, detained and threatened by security forces numerous times over the past two decades on account of his advocacy work.

Mr Chebeya was last heard from on the evening of June 1, when he indicated that he and Mr Bazana were en route to a meeting with the Inspector General of the Congolese National Police, who had reportedly summoned him. His body was found tied up in the back seat of his car on a road to the west of Kinshasa the following day. The European Union, the United States and the United Nations immediately called for an impartial and transparent inquiry into the matter. The same day, the Government of the DRC launched an official inquiry and subsequently announced the suspension of several police officers, including the chief of police.

Ireland also raised our concerns over the deaths at the Human Rights Council in Geneva on 8 June, echoing the call that the investigation be impartial and transparent. We have subsequently heard that the Government of the DRC has agreed in principle to the offer from the Dutch Government of a team of forensic experts to assist in determining the cause of the deaths. While this particular incident has not been discussed at the level of the Council of Ministers, the European Union remains very concerned about the killings of other human rights defenders in the DRC in recent years. Congolese human rights groups remain particularly vulnerable to harassment, arbitrary arrest and detention, and other abuses by security forces. Human rights and the cause of human rights defenders occupy a very important place in Ireland's foreign policy. We will continue to work with our partners in the EU, and the wider international community, to support the work of the individuals who put their lives at risk in defence of others, in the DRC and elsewhere.

Michael D. Higgins

Question:

357 Deputy Michael D. Higgins asked the Minister for Foreign Affairs if he will comment on the general human rights situation in Iran and also as it pertains in Camp Ashraf, Iraq, in which thousands of Iranians are being held, some on death row, following protests at last year’s disputed elections; if his attention has been drawn to the movements of support for these detainees across Europe and specifically a statement in support of human rights in Iran signed by a majority of Members of the British Parliament as well as more than 120 Members of the Parliamentary Assembly of the Council of Europe and many more at the European Parliament; and if he will give his position on both the existence and operation of this camp as well as his views of such motions of support as detailed above. [25111/10]

Ireland and its E.U. partners have been seriously concerned about human rights violations in Iran for many years. In the past year, these concerns have been greatly increased by Iran's large-scale actions to repress dissent. These measures include executions, arrests and actions against free speech, such as closing newspapers, blocking websites and arresting contributors to websites of Iranian human rights organisations. Iran's rate of executions has risen in the past year and the Iranian authorities appear to be using the death penalty as a method of discouraging further dissent.

I took the opportunity to raise the issue of human rights in Iran with Foreign Minister Mottaki in Dublin last week. During our meeting, I outlined Ireland and the EU's serious concerns about human rights in Iran, particularly the extensive use of the death penalty in Iran, and referred to the apparently imminent executions of a further group of detainees. I also took the opportunity to raise a number of specific human rights cases with Foreign Minister Mottaki, including the ongoing trial and imprisonment of the seven detained Baha'i community leaders. I have raised human rights issues with Minister Mottaki on many previous occasions. Ireland will continue to take suitable opportunities to raise Iranian human rights issues in our bilateral contacts, at EU level, at the UN General Assembly and in the UN Human Rights Council.

The Deputy has also raised the situation in Camp Ashraf in Iraq which is home to over three thousand members of the People's Mujahedin of Iran (PMOI), an Iranian opposition group that established itself in Iraq in 1986 at the invitation of Saddam Hussein. The Government does not regard the PMOI/NCRI as representative of any substantial body of opinion in Iran, and has no dealings with it. I would further add that the mass public protests demanding reform in Iran in the past year are not connected with the NCRI.

I have outlined my views on the situation in Camp Ashraf in Iraq, specifically in a written response given on 21 October 2009. This is a separate matter, not connected with human rights issues in Iran. I have made clear that it is incumbent upon the Iraqi authorities to ensure the safety and well-being of those Iranian exiles still living in Camp Ashraf and to prevent the recurrence of violence such as that which took place in July 2009. It is also critical that there must be no question of a forcible return to Iran of the residents of the Camp. The Iraqi Government has stated so far that they have no intention of doing this.

Emigrant Support Services

Michael McGrath

Question:

358 Deputy Michael McGrath asked the Minister for Foreign Affairs the position regarding the efforts by his Department to secure immigration reform in the United States for the benefit of the many Irish citizens who are illegal there. [25119/10]

I am very much aware of the difficulties confronting undocumented Irish citizens in the United States and the distress which both they and their families in the US and Ireland experience arising from their situation. I would urge anybody who might be tempted in the current economic climate to follow in the footsteps of the undocumented to take account of the plight in which they now find themselves.

Finding a solution for our undocumented citizens in the United States continues to be an important priority for this Government. We are also committed to enhancing our bilateral migration arrangements with the US through the establishment of a reciprocal two year renewable visa scheme, known as the E3 visa, and the further development of the recently agreed working holiday programme.

Over the last 12 months my Department, and the Embassy in Washington in particular, has worked proactively with the US Administration and Congressional leaders to achieve positive progress on this important issue. The status of the undocumented can only be changed by virtue of legislation passed by both Houses of Congress in the US — it is not merely a matter of bilateral engagement between the two Governments.

During our St Patrick's Day visit Washington, the Taoiseach and I took the opportunity to discuss immigration reform and the plight of the undocumented Irish in our meetings with President Obama, Secretary of State Clinton and leading members of Congress. As part of his St Patrick's Day address, President Obama offered an assurance that his own commitment to comprehensive immigration reform remains unwavering.

President Obama has since reiterated this commitment to immigration reform, and has welcomed what he has described as the "strong proposal" for reform presented at the end of April by senior Democratic Senators Harry Reid, Charles Schumer, and Robert Menendez.

The Democratic Senators' outline legislative proposal draws on the draft framework for action on immigration published in March by Senator Lindsay Graham and Senator Charles Schumer. This bipartisan proposal included provision for a path towards legalisation for the undocumented, including the Irish, provided they first admit to having violated US laws, undertake the repayment of taxes and perform community service.

This outline legislation also specifically mentions an E-3 visa arrangement for Irish citizens. Although the proposal is only the first step in a long process, the inclusion of an Irish E3 scheme at this initial stage is an important achievement for the Government and the Irish community.

While I am encouraged by these developments and also by the efforts which continue to be made on Capitol Hill to resolve this issue, very considerable political challenges remain, particularly in an election year.

The Government will continue to maintain very close contact with the US Administration and Congress, as well as with Irish community advocates, to address this issue in the period ahead. Through the Emigrant Support Programme, we have provided $285,000 to the Irish Lobby for Immigration Reform, since 2006, to assist with their lobbying efforts. In 2009, we also provided $10,000 to the Chicago Celts for Immigration Reform.

Foreign Conflicts

Finian McGrath

Question:

359 Deputy Finian McGrath asked the Minister for Foreign Affairs if his attention has been drawn to the fact that of the 135 Members of the Columbian Congress under investigation for corruption, 50 of these are in prison and have close links to right-wing paramilitaries; and that his policy on Columbia needs to be updated. [25241/10]

Colombia has witnessed the longest period of upheaval of any country in Latin America — over 50 years in all. The Colombian people have endured relentless suffering, reflected in the more than two million persons who have been internally displaced over the past number of years, a number second only to that of Sudan. The degree of lawlessness that arises from the absence of peace presents a major challenge to any government. The effects of terrorism and narco-trafficking have blighted the lives of many innocent people. The indictment of a large number of senators for association with the FARC, ELN and AUC illustrates the extent of the problems facing the Government.

Compared with the situation ten years ago, Colombia today has become a safer place to live. Colombians' belief in the prospects for a peaceful future and the impressive recent social and economic development reflected in the strong inward investment flows reinforce the impression that the country is slowly emerging from a grim past. There is no single solution for promoting peace in Colombia. The various social and economic elements underlying the conflict have to be tackled simultaneously. Our approach, and that of the European Union, is to assist and influence the Colombian Government in a manner that results in economic and social development while progressively improving human rights standards.

The Government of Colombia has repeatedly stated its determination to bring an end to violence within the framework of the Justice and Peace Law, passed in 2005, which provides an overall legal framework for the demobilisation, disarmament and reintegration of illegal armed groups into Colombian society. The Irish Government has given both moral and financial support to the implementation of the Justice and Peace Law. In addition, in May of this year, funding of €100,000 was approved for a victim support project being organised by the Organisation of American States in three regions of Colombia. This project will train victims to allow them to participate effectively in the judicial process and to access reparation; create awareness among local authorities so as to assist in the reintegration of victims in their communities and establish confidence-building measures between communities and local authorities.

The Government will continue to monitor the situation in Colombia through our Embassy in Mexico City, which is accredited to Colombia, as well as in cooperation with our EU partners with resident diplomatic missions in that country. We are fully supportive of efforts to bring a peaceful resolution to the conflict in Colombia, and will continue to support the Government of Colombia in its search for a negotiated solution to the internal armed conflict. In conjunction with our EU partners, the Irish government will continue to examine how we may, as appropriate, contribute to the peace process in Colombia.

International Agreements

Joe Costello

Question:

360 Deputy Joe Costello asked the Minister for Foreign Affairs if he will support the Dutch Government in its call for non-ratification of the EU’s stabilisation and association agreement with Serbia until such time as Ratko Mladic is arrested and transferred to the Hague for trial; and if he will make a statement on the matter. [25311/10]

Together with its EU partners, Ireland attaches considerable importance to achieving stability in the Western Balkans. A significant factor in building this is the EU perspective of the countries in the region. The June 2003 European Council in Thessalonika agreed that the future of the countries of the Western Balkans was in the EU.

The European Union's Stabilisation and Association Agreement (SAA) process provides the framework for cooperation on economic, political and legal matters aimed at bringing the Western Balkan countries towards EU standards and principles in order to meet EU accession requirements.

The General Affairs Council (GAC) of 7/8 December 2009 considered the Commission's comprehensive report of 14 October 2009 on progress made in Serbia, the Former Yugoslav Republic of Macedonia, Albania, Montenegro, Bosnia and Herzegovina as well as Kosovo. The Council reaffirmed its full support for the European perspective of these Western Balkan countries, which remains essential for stability and reconciliation in the region. The Council stated that, by making solid progress in economic and political reform and by fulfilling the necessary conditions and requirements, the remaining potential candidates in the Western Balkans should achieve candidate status, according to their own merits.

Cooperation with the International Criminal Tribunal for the Former Yugoslavia (ICTY) is a precondition for all the States of the region in their Stabilisation and Association Agreements with the EU. Having considered the Chief Prosecutor's report on Serbia's cooperation with the Tribunal, the December Council decided by consensus to implement the Interim Agreement with Serbia, which covers the trade aspects of the Stabilisation and Association Agreement (SAA). The Council further agreed to turn to the issue of ratification of the SAA in six months' time.

Serbia has made some significant conciliatory gestures recently and this deserves acknowledgement. Notable amongst these was the declaration by the Serbian Parliament in March condemning the Srebrenica massacre. Relations between Serbia and Bosnia Herzegovina have also improved of late, with the assistance of Turkey as facilitator. In February, Bosnia appointed an Ambassador to Serbia for the first time in three years. Serbia is very important in terms of encouraging constructive reform in Bosnia and Herzegovina and elsewhere in the broader region.

The Foreign Affairs Council of 14 June heard a further assessment on Serbia's cooperation with the ICTY. Ministers agreed to submit the Stabilisation and Association Agreement to their national parliaments for ratification. The Council underlined that full cooperation with the ICTY remains a central element of the Stabilisation and Association Agreement process.

Ireland will continue to monitor developments on this issue. Together with our EU partners we remain committed to influencing positively the situation in the Western Balkans. We will do everything possible to ensure lasting stability in the countries of the region.

Overseas Development Aid

Billy Timmins

Question:

361 Deputy Billy Timmins asked the Minister for Foreign Affairs the number of applications he received under each fund of Ireland Aid annually since 2007; the number of successful applications; and if he will make a statement on the matter. [25519/10]

Since 2007, the Government has allocated over €2.6 billion in funding under Vote 29 (International Cooperation) of the Department of Foreign Affairs. The Department, through Irish Aid, administers the Government's aid programme, which has a clear focus on the reduction of poverty and hunger, especially in the poorest countries of sub-Saharan Africa.

In addition to the programme budgets in Ireland's nine priority countries, where we have a commitment to long term strategic assistance, Irish Aid channels funding through a range of partners. These include multilateral organisations, development Non-governmental Organisations (NGOs) and missionaries. Funding for NGOs represents over 20% of expenditure under Vote 29 annually and it is administered through a number of schemes which cover long term development work, development education and emergency and recovery. A large number of applications for funding is received by Irish Aid, on an ongoing basis, from civil society organisations and individuals.

In view of the number of applications received under the different headings over the past three years, I propose to write to the Deputy providing as much detail as is possible for the years 2007, 2008 and 2009. The information for 2010 is not yet available. I will also provide the Deputy with copies of the Irish Aid Annual Reports for 2007 and 2008, which contain detail on the number and type of successful applications for those years. The Annual Report for 2009 will be published in the coming months.

Billy Timmins

Question:

362 Deputy Billy Timmins asked the Minister for Foreign Affairs the amount of disability funding as a percentage of overall funding annually since 2007; the details of Ireland Aid’s disability strategy; and if he will make a statement on the matter. [25520/10]

Ireland's strategy to deal with disability in international development is guided by the White Paper on Irish Aid which recognises the inter-relationship between poverty and disability. Disabled people are more vulnerable to poverty and its effects and poor people are more at risk of becoming disabled through, for example, unsafe living environments; undernutrition; lack of access to immunisation; exposure to landmines; poor road safety; contracting communicable diseases and inadequate treatment when infected and through unsafe birthing services that disable both mothers and newborns that survive.

Ireland's development cooperation programme mainstreams disability and embraces the World Health Organisation's concept of disability as a complex phenomenon, which requires action across a diverse range of activities in order that disability is effectively prevented and to ensure that disabled people are not excluded or exploited. Also we work to ensure, where possible, that services are provided to assist disabled people to deal with their particular disabilities and the limitations associated with these.

Since 2007, Ireland's investment of over €100 million each year in health, HIV and communicable diseases, focussing on the world's poorest countries, is a substantial contribution to prevention of disability by making essential first-line services, vaccines and commodities available. Further, by providing these peripheral primary services, disabled people have better access to care.

Ireland's support to basic education in developing countries emphasises access by disabled and marginalised people and through support for better governance in its Programme Countries, we advocate for stronger voice and representation by marginalised and excluded groups, including disabled people and those caring for the disabled.

Ireland also provides support to programmes that directly assist disabled people and their carers to deal with disabilities and its consequences. This is mainly delivered as support to Non-government Organisations through the Civil Society Fund. Support for disability work amounted to 6.4% of this fund in 2007, 7.9% in 2008 and 7.4% in 2009. Furthermore, Ireland supports Concern, Goal, Trócaire, Christian Aid and Self Help Africa, all of which undertake health and human rights work that benefits disabled people and this work accounts for approximately 30% of their budgets.

Additionally, Irish Aid has a major programme and partnership with the International Labour Organisation which focuses on assisting people with disability and advocating on legislation for disability in Africa. This programme also focuses on assisting people with disability to gain employment and set up their own businesses. There is also a particular emphasis on disabled women. This programme has gained an enviable international reputation and is a flagship programme of its kind.

As a mainstreamed issue, it is not possible to present a specific amount of spending on disability as a percentage of overall Irish Aid funding. However I am arranging to have a list of discrete disability projects and programmes for 2009 sent to the Deputy. The full list for 2007 and 2008 are outlined in the Annual Reports for those years which have been placed in the Dáil Library.

Departmental Expenditure

Olivia Mitchell

Question:

363 Deputy Olivia Mitchell asked the Minister for Tourism, Culture and Sport the amount of money her Department has spent on legal and professional advisers for the National Aquatic Centre; and if she will make a statement on the matter. [25280/10]

My Department has not spent any money on legal and professional advisors in relation to the National Aquatic Centre. In general, legal advice to my Department is provided through the offices of the Chief State Solicitor and the Attorney General.

Over the last 8 years expenditure of this nature in respect of the National Aquatic Centre was incurred by Campus and Stadium Ireland Development Limited and the National Sports Campus Development Authority (NSCDA). I have asked NSCDA to respond directly to the Deputy.

Departmental Reviews

Michael Ring

Question:

364 Deputy Michael Ring asked the Minister for Community, Equality and Gaeltacht Affairs if a value for money review of the rural social scheme is under way; when it is expected this review will be completed; and if he will make a statement on the matter. [25491/10]

Michael Ring

Question:

373 Deputy Michael Ring asked the Minister for Community, Equality and Gaeltacht Affairs the value for money reviews that are under way within his Department; when each review will be completed; and if he will make a statement on the matter. [25497/10]

I propose to take Questions Nos. 364 and 373 together.

As part of the ongoing programme of value for money and policy reviews being carried out on my Department's programmes and schemes, an evaluation is currently underway on Leveraged Expenditure under both the CLÁR and RAPID Programmes. I expect that this study will be completed by the end of this year.

In addition, a review of the Rural Social Scheme was put in train by the then Department of Community, Rural and Gaeltacht Affairs. When the proposed transfer of functions to the Department of Social Protection takes place in relation to the Rural Social Scheme, it will be a matter for that Department to complete the review and, accordingly, the Deputy will appreciate that it would not be appropriate for me to comment as to when the work might be completed.

Departmental Funding

Andrew Doyle

Question:

365 Deputy Andrew Doyle asked the Minister for Community, Equality and Gaeltacht Affairs if funding is provided to the Dublin Mountain Partnership from his Department; the details of stakeholders on the board of the Dublin Mountain Partnership; the details of the membership of the Dublin Mountain Partnership Board and if landowners/stakeholders are included; and if he will make a statement on the matter. [25152/10]

I can confirm to the Deputy that my Department is not providing funding to the Dublin Mountain Partnership and that, accordingly, the details requested by him are not held in my Department.

Departmental Reviews

Mary Upton

Question:

366 Deputy Mary Upton asked the Minister for Community, Equality and Gaeltacht Affairs the progress on the review of the scheme to support national organisations in the community and voluntary sector; when he expects this review to be completed and published; if he will ensure an organisation (details supplied) has its funding secured in order to allow it to continue to carry out their vital work; and if he will make a statement on the matter. [25248/10]

Funding contracts under this Scheme are due to expire on 31 December 2010. Officials in my Department are currently evaluating the Scheme and the organisations currently being supported are being consulted as part of the review process. On the basis of the findings of the review, I will consider the options available to me regarding the future of the Scheme. All organisations involved in the Scheme, including the one referred to by the Deputy, are being consulted as part of the review process.

As the Deputy is aware, Departments are currently preparing their initial estimates for 2011. While at this stage I cannot give a commitment to any individual organisation, I will be endeavouring to make the best possible use of the resources available.

Community Development

Caoimhghín Ó Caoláin

Question:

367 Deputy Caoimhghín Ó Caoláin asked the Minister for Community, Equality and Gaeltacht Affairs if he will withdraw the requirement that projects funded under the community development programme need to close; if he will allow them to engage in the local and community development programme on an equal footing with the partnership companies, retain their company structure, retain their assets and liabilities, retain their independence, autonomy and accountability; if he will meet with stakeholders to discuss viable alternatives to those his Department is currently pursuing; and if he will make a statement on the matter. [25357/10]

As the Deputy is aware, the Local Development Social Inclusion Programme and the Community Development Programme were my Department's two main social inclusion/community development programmes. These came to an end on 31 December last and have been superseded by a new integrated programme, the Local and Community Development Programme (LCDP). A key difference between the new LCDP and its predecessor programmes is the fact that, when fully implemented, it will be delivered nationally on an integrated basis by a reduced number of companies.

It is important to note that, despite what is stated by some community development projects (CDPs) and by others, integration does not mean closure of a CDP or the cessation of CDP activities in any given area. As has been stated previously, any worthwhile community development activity or service delivered under the CDP can continue to be delivered under the new LCDP and by the same staff who currently do this work. Of course, CDPs may opt out of the LCDP integration process and decide to go it alone. In such cases, my Department will be supportive in relation to the retention of any assets acquired with programme funding and may also be in a position to provide for some limited funding for a transition period, subject to certain conditions.

My Department has set out a model involving full integration of CDPs with local development companies (LDCs), but has made it clear that other options can be considered and that it is not a question of ‘one size fits all'. The only option not acceptable is one that seeks to preserve the status quo: some models proposed by CDPs and other parties in the period since the launch of the LCDP have had to be rejected on that basis. However, my Department has been able to respond positively to a number of other alternative models put forward by both LDCs and CDPs. While agreement has not yet been fully finalised in these cases, I am satisfied that the real possibility for agreement exists. Additional proposals from other CDPs and LDCs are also being considered positively but are less developed at this stage. I can assure the Deputy that my Department will continue to respond positively to all constructive proposals that it receives and that my officials will continue to be available to meet with the boards of projects.

My overall aim is to ensure that, notwithstanding the difficult budgetary position, disadvantaged communities will benefit from a more focused programme and better integrated actions. As previously indicated, my primary concern in this most difficult economic climate is to make every effort to ensure the front-line services provided by or supported through my Department, especially those focused on the needs of the most disadvantaged communities, are protected and to minimise overheads and ancillary costs.

I am aware that some CDPs have a range of concerns about assets, the impact on local service delivery, local buy-in and accountability. However, I am confident that all of those issues can be addressed in the implementation process previously outlined by my Department and now under way. In this regard, an information session for stakeholders was held by Pobal, on my Department's behalf, on 10 June last.

Departmental Expenditure

Michael Ring

Question:

368 Deputy Michael Ring asked the Minister for Community, Equality and Gaeltacht Affairs if any legal cases are pending against his Department; the status of any cases in train; the financial implications of same; and if he will make a statement on the matter. [25492/10]

There are five legal cases currently pending against my Department and relevant details are reflected in the following table. In relation to the financial implications of these cases, the Deputy will appreciate that any costs arising will be dependent on the outcome of the individual cases in question.

Legal cases pending against the Department of Community, Equality and Gaeltacht Affairs

Status of Case

Michael Ringrose v PWDI, the Minister, Ireland and the Attorney General

A date has yet to be set for this case.

Executive Helicopters Maintenance Ltd v the Minister, Ireland and the Attorney General, Galway Aviation Services Ltd, the Irish Aviation Authority and the Commission for Aviation Regulation

High Court Judicial Review. Pleadings are under way.

Executive Helicopters Maintenance Ltd v the Minister, Ireland, the Attorney General and the Connacht Tribune Ltd

Papers lodged with Court by the plaintiff in April 2010.

Réalt na Maidne Teo v An Roinn Gnóthaí Pobail, Tuaithe agus Gaeltachta

High Court Judicial Review. Pleadings are under way.

Thomas McNally & Marie Reilly v the Minister, Ireland and the Attorney General, and the Garda Commissioner

A Constitutional challenge to section 99 of the Charities Act 2009, which failed in the High Court, is to be heard in the Supreme Court.

Community Development

Michael Ring

Question:

369 Deputy Michael Ring asked the Minister for Community, Equality and Gaeltacht Affairs the level of funding drawn down by his Department under the rural development programme to date in 2010; the level of funding outstanding; the national co-financing obligations of same; and if he will make a statement on the matter. [25493/10]

Under the Rural Development Programme 2007-2013, my Department has received €7,406,282.44 in payments from the European Commission to date in 2010. This amount represents 55% of total eligible expenditure claimed, of which 45%, or €6,059,685.63, was provided by the Exchequer on a co-financing basis. There are no funding requests currently outstanding. The next request for payment is scheduled for submission to the European Commission in July 2010.

Michael Ring

Question:

370 Deputy Michael Ring asked the Minister for Community, Equality and Gaeltacht Affairs the level of funding that has been delivered, to date in 2010, to each partnership under the rural development programme; and if he will make a statement on the matter. [25494/10]

My Department is responsible for the delivery of Axes 3 & 4 of the Rural Development Programme 2007-2013 (RDP), for which overall funding of the order of €425m is available. The RDP allocation of €40m for 2010 represents an increase of approximately 120% on expenditure in 2009.

The Deputy will appreciate that it is imperative, particularly in the current economic climate, that the RDP maximises the funding available for the programme on the ground, in order to ensure the improvement of the quality of life in rural areas and the diversification of the rural economy. In this regard, my Department is working very closely with individual local action groups to ensure the efficient and effective delivery of the programme. I am confident that groups will continue to serve their local communities by ensuring that all available funding is spent so as to maximise the impact of the programme in their areas.

The table below details the funding delivered from my Department to date in 2010 to each Integrated Development Partnership under the RDP. The Deputy should note that, in addition to the expenditure outlined in the table, a further €40 million approximately is committed to ongoing projects. It is anticipated that a significant number of these projects will be completed and draw down their funding during 2010.

Integrated Development Partnership

Funding delivered to date 2010

Avondhu/Blackwater Partnership Limited

226,223.46

Ballyhoura Development Limited

517,730.31

Carlow County Development Partnership Limited

167,475.11

Cavan/Monaghan Area Partnership Limited

203,462.76

Clare Local Development Company Limited

389,155.64

Comhar na nOileán Teoranta

122,535.65

Donegal Local Development Company Limited

326,304.37

Fingal LEADER Partnership

177,605.52

FORUM Connemara

131,616.20

Galway Rural Development Company Limited

211,647.19

Inishowen Development Partnership

108,670.52

I.R.D. Duhallow

252,735.05

Cill Dara ar Aghaidh Teoranta

190,576.49

Co Kilkenny LEADER Partnership Co Limited

314,631.17

Laois Community & Enterprise Development Co Limited

177,960.53

Leitrim Integrated Development Company

246,717.46

Longford Community Resources Limited

209,308.21

Louth LEADER Partnership

223,724.55

Mayo North East LEADER Partnership Co Teo

254,946.32

Meath Community Rural & Social Devel Partnership Limited

231,602.60

M.F.G. (Meitheal Forbartha na Gaeltachta Teoranta)

404,975.11

North & East Kerry LEADER Partnership Teoranta

140,012.20

North Tipperary LEADER Partnership Company

326,061.78

Offaly Integrated Local Development Company

287,397.24

Roscommon Integrated Development Company

215,693.86

Sligo LEADER Partnership Company

207,232.04

South & East Cork Area Development Limited

213,014.94

South Kerry Development Partnership Limited

202,737.30

South Tipperary Local Development Company Limited

359,883.66

South West Mayo Development Company Limited

219,897.88

Waterford LEADER Partnership Limited

356,156.62

West Cork Development Partnership Limited

504,258.19

West Limerick Resources Limited

222,991.09

Westmeath Community Development Limited

257,480.43

Wexford Local Development

524,125.68

Co Wicklow Community Partnership

175,008.36

TOTAL

9,301,556.69

Job Creation

Michael Ring

Question:

371 Deputy Michael Ring asked the Minister for Community, Equality and Gaeltacht Affairs the amount of money expended on job creation initiatives by Údarás na Gaeltachta over the period 1997 to 2009, in tabular form; the number of Údarás assisted jobs created each year during that period; the number of Gaeltacht job losses for each year; the number of jobs created; and if he will make a statement on the matter. [25495/10]

The information requested by the Deputy is provided in the following table:

Year

Capital Grants paid

No. of jobscreated

No. of job losses

Cost per job created

€000

1997

19,430

1,073

658

11,607

1998

15,603

1,296

976

7,140

1999

19,877

1,042

1,033

12,193

2000

20,826

1,000

932

14,113

2001

18,891

1,123

1,281

12,308

2002

17,841

910

1,432

11,859

2003

17,808

1,052

1,277

10,794

2004

18,916

1,071

910

12,543

2005

18,691

993

842

12,984

2006

19,774

1,186

891

9,926

2007

18,454

1,038

965

10,883

2008

17,850

1,269

1,102

7,830

2009

19,512*

710

1,431

16,717

*As per draft Annual Accounts.

Further information regarding the operations of Údarás na Gaeltachta may be obtained in the Annual Report and Accounts of the organisation, which are laid before each House of the Oireachtas annually and published on An tÚdarás' website www.udaras.ie

Departmental Expenditure

Michael Ring

Question:

372 Deputy Michael Ring asked the Minister for Community, Equality and Gaeltacht Affairs the cost to his Department of changing the title of his Department; and if he will make a statement on the matter. [25496/10]

The Deputy will be aware that the transfer to my Department of responsibility for social inclusion policy and family policy from the Department of Social Protection and for equality, integration, human rights and disability from the Department of Justice and Law Reform has now taken place. The title of my Department has also changed to the Department of Community, Equality and Gaeltacht Affairs with effect from 2 June 2010. In relation to the issue of costs arising, it is not possible at this stage to quantify the amount in question. I can confirm, however, to the Deputy that it is my intention that stationery currently held by my Department will be used to the greatest extent feasible. I have also directed my officials to ensure that any costs arising due to the name change of my Department are kept to a minimum and are met from within existing resources.

Question No. 373 answered with Question No. 364.

Coroners Service

Charles Flanagan

Question:

374 Deputy Charles Flanagan asked the Minister for Social Protection if his attention has been drawn to the fact that some coroners fail to register deaths noting the deceased person’s date and place of birth and parents’ names, as required under Part Five of the Civil Registration Act 2004; the measures he will take to ensure future compliance; and if he will make a statement on the matter. [25306/10]

The provisions and procedures governing the registration of deaths in Ireland are contained in Part 5 of the Civil Registration Act, 2004. Where a death is referred to a coroner, section 41 of the Act provides that the coroner shall give the appropriate registrar a certificate containing the required particulars of the death concerned and that registrar shall register the death based on the information contained in the certificate.

The particulars required to register a death are set out in Part 5 of the First Schedule to the Act. The Schedule sets out the maximum information that may be contained in an entry in relation to a death and, on occasion, there may be particulars that are simply not known or available to the qualified informant or to a coroner. In cases where a death has been registered without one or more of the required particulars, it is open to any interested party, who has information relating to any omission from an entry, to apply to the Registrar General to complete the entry, pursuant to an enquiry conducted under the provisions of section 65 of the Act.

Social Insurance

Joan Burton

Question:

375 Deputy Joan Burton asked the Minister for Social Protection the expected yield in 2010 and 2011 from an increase of 1% in the rate of employees’ PRSI; and if he will make a statement on the matter. [25369/10]

Joan Burton

Question:

376 Deputy Joan Burton asked the Minister for Social Protection the expected yield in 2010 and 2011 from an increase of 1% in the rate of employers’ PRSI; and if he will make a statement on the matter. [25370/10]

Joan Burton

Question:

377 Deputy Joan Burton asked the Minister for Social Protection the expected yield in 2010 and 2011 from an increase of 1% in the rate of PRSI for self-employed persons; and if he will make a statement on the matter. [25371/10]

Joan Burton

Question:

378 Deputy Joan Burton asked the Minister for Social Protection the expected yield in 2010 and 2011 from the abolition of the PRSI ceiling; and if he will make a statement on the matter. [25372/10]

Joan Burton

Question:

420 Deputy Joan Burton asked the Minister for Social Protection the annual cost of the PRSI allowance for each of the past five years and the amount of revenue that could be raised in 2011 and in a full year if the PRSI allowance was reduced by half or abolished; and if he will set out the rationale for the PRSI allowance. [25359/10]

I propose to take Questions Nos. 375 to 378, inclusive, and 420 together.

The following table provides figures on the estimated revenue that would have been gained if the €127 PRSI free allowance for PRSI Class A contributors for the years 2006 to 2010 had been abolished and an estimated yield if the allowance were abolished for the full year 2011. The cost of the €127 PRSI free allowance over the last five years is not available.

Year

Estimated Yield From Abolition of the €127 PRSI Free Allowance

2011

€350m (€175m if halved)

2010

€350m

2009

€350m

2008

€300m

2007

€357m

2006

€323m

PRSI estimates for part years are not produced. The most recent full year estimates for PRSI yields are set out in the following table.

Changes to PRSI Rates & Thresholds

Yield

€m

1% increase in employers higher PRSI rate

423.0

1% increase in employers lower PRSI rate

59.0

1% increase in the self-employed PRSI rate

108.0

1% increase in employees PRSI rate

373.0

Abolition of the PRSI ceiling

119.5

Róisín Shortall

Question:

379 Deputy Róisín Shortall asked the Minister for Social Protection the PRSI classes under which rental income is a chargeable item; and the way in which this is set down in legislation. [25018/10]

The payment of PRSI primarily relates to income derived from reckonable earnings from employment or self-employment. The Commission on Taxation has recommended a further widening of the PRSI base so that unearned income such as investment income, rental income and share based remuneration should be subject to PRSI.

In regard to unearned income at present, self employed contributors pay PRSI on rental income at PRSI class S. In addition, while employed contributors are not generally subject to PRSI on rental income, there is a liability where the individual concerned also has trade, professional or partnership income. In these cases the individual is required to pay PRSI as a self employed contributor on rental income. On this basis a significant amount of rental income is already subject to PRSI. Reckonable income in relation to a self-employed contributor is defined in section 2, as amended, of the Social Welfare (Consolidation) Act, 2005.

Social Welfare Appeals

Willie Penrose

Question:

380 Deputy Willie Penrose asked the Minister for Social Protection when a decision will issue in regard to a social welfare appeal in respect of a person (details supplied) in County Westmeath in regard to the refusal of their application for supplementary welfare allowance and jobseeker’s allowance; and if he will make a statement on the matter. [25019/10]

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

Mary Upton

Question:

381 Deputy Mary Upton asked the Minister for Social Protection if a disability payment will be restored in respect of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [25024/10]

The Social Welfare Appeals Office has advised me that, following receipt of the relevant Departmental papers including comments on the grounds of appeal, the appeal from the person concerned will be referred to an Appeals Officer for consideration. 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.

James Bannon

Question:

382 Deputy James Bannon asked the Minister for Social Protection the position regarding a carer’s allowance in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [25036/10]

The Social Welfare Appeals Office has advised me that, following receipt of the relevant Departmental papers including comments on the grounds of appeal, the appeal from the person concerned will be referred to an Appeals Officer for consideration. 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.

James Bannon

Question:

383 Deputy James Bannon asked the Minister for Social Protection the reason an application for an invalidity pension in respect of a person (details supplied) in County Longford has gone to appeal; and if he will make a statement on the matter. [25037/10]

Following a medical assessment of the person concerned on 22nd April, 2010 to review her ongoing entitlement to invalidity pension, she was assessed as being not permanently incapable of work. On this basis, it was decided that she was no longer entitled to an invalidity pension and her payment was terminated with effect from 20 th May, 2010.

She was notified of this decision on 29th April 2010, the reason for it and her right to appeal this decision by writing to the Social Welfare Appeals Office within 21 days stating clearly the grounds of her appeal.

To date, no record of an appeal from the person concerned has been received in the Invalidity Pension Section of this Department or registered in the Social Welfare Appeals Office.

Social Welfare Benefits

James Bannon

Question:

384 Deputy James Bannon asked the Minister for Social Protection if he will award persons (details supplied) in County Longford with mortgage interest supplement; and if he will make a statement on the matter. [25040/10]

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

Bobby Aylward

Question:

385 Deputy Bobby Aylward asked the Minister for Social Protection if, in view of the current economic situation, he will give consideration to including a master’s degree as a qualifying subject under the back to education allowance particularly to persons who have been made redundant from the financial and business sectors and which would offer them a wide range of career opportunities when graduated, as outlined in the innovation taskforce report; and if he will make a statement on the matter. [25085/10]

Michael Creed

Question:

387 Deputy Michael Creed asked the Minister for Social Protection, if in view of the commitment made by his predecessor at the Joint Oireachtas Committee on Social and Family Affairs on 3 February 2010, the changes that he will make to the back to education allowance in order to allow graduates with primary degrees pursue post graduate and master's programmes; and if he will make a statement on the matter. [25109/10]

I propose to take Questions Nos. 385 and 387 together.

The objective of the back to education allowance scheme is to equip people on social welfare payments with qualifications that will enable them to obtain employment in the labour market. The scheme covers courses of education from second level to Higher Diploma level in any discipline [level 8 in the National Framework of Qualifications (NFQ)] and to a Graduate Diploma in Education (Primary and Secondary Teaching; level 9 in NFQ) which add significantly to a person's employability. Other postgraduate qualifications such as a Master's (level 9) or Doctoral degrees (level 10) are not included.

A small number of cases have arisen where a college has granted an exemption from the requirement to hold a primary degree and has admitted a person to a Master's course on the basis of relevant life experience. In the context of the ongoing review of the operation of the scheme, it was decided to extend entitlement to back to education allowance in these instances on an exceptional basis.

The potential for further changes in certain areas was identified by my predecessor to the Joint Committee on Social and Family Affairs. These concerned duration, access to post-graduate courses, appropriateness of courses and progression. The final shape and scope of such changes are currently under consideration. The nature and structure of the scheme will continue to be monitored in the context of the objectives of the scheme and changes in the economic climate.

International Agreements

David Stanton

Question:

386 Deputy David Stanton asked the Minister for Social Protection if there are any plans to enter into a bilateral social security agreement with South Africa; and if he will make a statement on the matter. [25099/10]

There are no plans at present to enter into a bilateral social security agreement with South Africa. No approach has been made to my Department by the South African authorities in this regard.

Question No. 387 answered with Question No. 385.

Social Welfare Benefits

Bernard J. Durkan

Question:

388 Deputy Bernard J. Durkan asked the Minister for Social Protection the position regarding an application for rent allowance in the case of a person (details supplied) in Dublin 5; and if he will make a statement on the matter. [25122/10]

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:

389 Deputy Bernard J. Durkan asked the Minister for Social Protection the reason rent allowance has not been received in respect of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [25123/10]

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:

390 Deputy Bernard J. Durkan asked the Minister for Social Protection if assistance will be offered to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [25124/10]

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:

391 Deputy Bernard J. Durkan asked the Minister for Social Protection when supplementary welfare payment will be awarded in respect of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [25125/10]

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:

392 Deputy Bernard J. Durkan asked the Minister for Social Protection when rent arrears will be awarded in the case of a person (details supplied) in County Kildare. [25138/10]

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. 393 withdrawn.

Social Welfare Appeals

Michael Ring

Question:

394 Deputy Michael Ring asked the Minister for Social Protection when a carer’s allowance appeal will be finalised in respect of a person (details supplied) in County Mayo. [25143/10]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that Office on 6 May 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received the appeal in question will be referred to an Appeals Officer for consideration.

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

Pension Provisions

Michael Ring

Question:

395 Deputy Michael Ring asked the Minister for Social Protection the reason a person (details supplied) in County Galway is not receiving the full rate of contributory pension. [25195/10]

The person concerned is in receipt of a pro-rata state pension (transition) based on a combination of his Irish and US contributions. The customer's entitlement to a higher rate of state pension (contributory) is currently being examined and a decision will issue as soon as possible.

Social Welfare Appeals

James Reilly

Question:

396 Deputy James Reilly asked the Minister for Social Protection the length of time a person (details supplied) in County Dublin must wait for their appeal for carer’s allowance to be processed; if his attention has been drawn to the fact that this person provides 24 hours care for their grandparents; the social welfare payments that this person is entitled to while their application is being processed; and if he will make a statement on the matter. [25199/10]

The application for carer's benefit, by the person concerned, was disallowed by a Deciding Officer of the Department on the grounds that she was not considered to be providing full-time care and attention as provided for in legislation.

The Social Welfare Appeals Office has advised me that an appeal was opened on 24 April 2010 and relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal were sought. These are now to hand and will be referred to an Appeals Officer for consideration.

If the means of the person concerned are insufficient to meet her needs it is open to her to apply to the Health Services Executive (Community Welfare Officer) for financial assistance while her appeal is being processed. 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.

Social Welfare Benefits

Michael Ring

Question:

397 Deputy Michael Ring asked the Minister for Social Protection when a person (details supplied) in County Mayo will be approved and awarded farm assist. [25205/10]

The person concerned applied for farm assist on 13 April, 2010. His claim is currently with a Social Welfare Inspector for investigation. When all enquiries are completed a decision will be made as soon as possible and he will be notified of the outcome.

Darragh O'Brien

Question:

398 Deputy Darragh O’Brien asked the Minister for Social Protection the position regarding an application for domiciliary care allowance in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [25210/10]

An application for domiciliary care allowance in respect of the above-named was received on 13 April 2010. This application is currently being processed and a letter will issue to the person advising her of the decision within the next two weeks.

Michael Ring

Question:

399 Deputy Michael Ring asked the Minister for Social Protection when a person (details supplied) in County Mayo will be approved and awarded the one-parent family payment. [25228/10]

A Social Welfare Inspector is currently investigating the circumstances of the person concerned. When all enquiries are completed a decision will be made as soon as possible and she will be notified of the outcome.

Social Welfare Appeals

Willie O'Dea

Question:

400 Deputy Willie O’Dea asked the Minister for Social Protection when a person (details supplied) in County Limerick will be awarded jobseeker’s allowance. [25229/10]

The Social Welfare Appeals Office has advised me that, following receipt of the relevant Departmental papers including comments on the grounds of appeal, the appeal from the person concerned will be referred to an Appeals Officer for consideration. 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.

Michael Ring

Question:

401 Deputy Michael Ring asked the Minister for Social Protection if a person (details supplied) in County Mayo will be approved disability allowance based on the additional medical evidence submitted by them to the social welfare appeals office. [25231/10]

Payment of disability allowance, to the person concerned, was refused by a Deciding Officer following an assessment by a Medical Assessor of the Department who expressed the opinion that he was medically unsuitable for disability allowance. An appeal was opened and in the context of that appeal, his case was reviewed by a second Medical Assessor who also expressed the opinion that he was medically unsuitable. However, I am informed that no new medical evidence was submitted.

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

Social Welfare Benefits

Michael Ring

Question:

402 Deputy Michael Ring asked the Minister for Social Protection when a person (details supplied) in County Mayo will be approved domiciliary care allowance. [25234/10]

An application for domiciliary care allowance was received from the above-named on 14 May 2010. This application is currently being processed and a letter will issue to the person advising her of the decision within the next two weeks.

Departmental Bodies

Fergus O'Dowd

Question:

403 Deputy Fergus O’Dowd asked the Minister for Social Protection the arrangements that are in place to implement Government policy on determining and approving the remuneration of each chief executive officer or managing director under the auspices of his Department; the present salary of each such CEO or managing director; if such arrangements have been breached in the past three years and by whom; the action he has taken regarding same; and if he will make a statement on the matter. [25250/10]

The remuneration of each chief executive officer under the auspices of the Department is subject to my approval and the approval of the Minister for Finance. There has been no breach, in that regard, in the past three years. The present salary of each such CEO is set out in the following tabular statement.

Pensions Board

153,885

Citizens Information Board

116,300

Pensions Ombudsman

125,655

Social Welfare Code

Terence Flanagan

Question:

404 Deputy Terence Flanagan asked the Minister for Social Protection the position regarding a matter (details supplied); and if he will make a statement on the matter. [25258/10]

The purpose of rent supplement is to provide short-term income support to individuals who cannot meet the cost of their accommodation from their own resources. The Department's relationship is with the tenant who makes the application for rent supplement and, in general, the payment is made to the tenant. Legislation does, however, provide for the making of a rent supplement payment to another person (e.g. a relative, a landlord or landlord's agent) on behalf of the tenant. This type of arrangement can be put in place at the tenant's request, subject to the consent of the Community Welfare Officer. The arrangement can be revoked at the tenant's request or withdrawn by the Community Welfare Officer. Some twenty per cent of rent supplement payments are paid to a person other than the recipient.

Where a Community Welfare Officer becomes aware that a person receiving rent supplement is not using that supplement for the purpose for which it is intended, payment of the supplement is suspended and the matter investigated. Any overpayment of rent supplement incurred in circumstances of this kind may be recoverable from the tenant. Where a landlord has a grievance in relation to the non-payment of rent by a tenant, s/he may apply to the Private Residential Tenancies Board to have the dispute resolved through the Board's dispute resolution process.

Social Welfare Benefits

Simon Coveney

Question:

405 Deputy Simon Coveney asked the Minister for Social Protection the number of persons who are no longer able to claim jobseeker’s benefit having at least 260 paid PRSI contributions as they are over the 12-month limit in Cork city and county and have now had to come off the live register in tabular form. [25270/10]

Simon Coveney

Question:

406 Deputy Simon Coveney asked the Minister for Social Protection the number of persons who are no longer able to claim jobseeker’s benefit having less than 260 paid PRSI contributions and are over the nine-month limit, in Cork city and county and have now had to come off the live register, in tabular form. [25271/10]

I propose to take Questions Nos. 405 and 406 together.

The figures requested by the Deputy are not available in the Department.

Róisín Shortall

Question:

407 Deputy Róisín Shortall asked the Minister for Social Protection the reason a person (details supplied) in County Dublin was refused assistance by a community welfare officer and advised to seek assistance from a local authority homeless service; if assistance will now be provided in view of the fact that this person is unable to obtain documentation to support their application for rent allowance, due to a pending court case; and if their application will now be reviewed. [25282/10]

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

Social Welfare Code

Róisín Shortall

Question:

408 Deputy Róisín Shortall asked the Minister for Social Protection the penalties applicable to a landlord who charges a rent supplement tenant a top-up; and the specific statutory provision for these penalties. [25296/10]

Where a landlord charges a rent to a tenant in excess of that declared by him/her on the rent supplement application form, the matter should be reported to the relevant Community Welfare Officer who will deal with the individual case. The existing legislative provisions relating to the making of false statements for the purpose of obtaining payments from the Department and the relevant penalties are as set out below.

Section 251(1) Social Welfare Consolidation Act 2005 states that where a person for the purpose of obtaining or establishing entitlement to payment of any benefit for himself or herself or for any other person, is guilty of an offence where the person—

(i) knowingly makes any statement or representation (whether written or verbal) which is to his or her knowledge false or misleading in any material respect, or knowingly conceals any material fact, or

(ii) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he or she knows to be false in a material particular,

Section 257 of the Social Welfare Consolidation Act states that a person who is found guilty of an offence under the Act is liable—

(a) on summary conviction, to a fine not exceeding €1,500 or imprisonment for a term not exceeding 6 months, or to both, or

(b) on conviction of an indictment, to a fine not exceeding €13,000 or imprisonment for a term not exceeding 3 years, or to both.

Social Welfare Benefits

Róisín Shortall

Question:

409 Deputy Róisín Shortall asked the Minister for Social Protection the number of persons in receipt of mortgage interest supplement; and the expected cost to the State of the scheme in 2010 in view of the current take up trends. [25300/10]

There are currently 16,768 recipients of a mortgage interest supplement. The expected cost of the scheme in 2010 will be almost €64 million.

Jack Wall

Question:

410 Deputy Jack Wall asked the Minister for Social Protection the position regarding an application for domiciliary care allowance in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [25302/10]

As of 10 June 2010, no application from the above-named person has been received in the Department.

Michael Ring

Question:

411 Deputy Michael Ring asked the Minister for Social Protection if a person (details supplied) in County Mayo will be approved and awarded jobseeker’s allowance. [25305/10]

Michael Ring

Question:

412 Deputy Michael Ring asked the Minister for Social Protection when a person (details supplied) in County Mayo will receive a payment of jobseeker’s benefit which is due to them since January 2010. [25307/10]

I propose to take Questions Nos. 411 and 412 together.

A Deciding Officer has awarded the person concerned jobseeker's allowance at the weekly rate of €45 from 27 April 2010 to 11 May 2010 and at the weekly rate of €74.80 from 12 May 2010, which includes an increase in respect of his son. He has been assessed with weekly means of €151 derived from the benefit of an occupational pension. His first jobseeker's allowance payment will issue to him shortly.

A jobseeker's benefit payment of €196 in respect of an uncollected payment in January has also been awarded to him. However, it is necessary to offset this against an overpayment of supplementary welfare allowance of €689.70 which occurred between 6 May and 16 June 2010.

Social Welfare Appeals

Michael Ring

Question:

413 Deputy Michael Ring asked the Minister for Social Protection if an appeal will be opened for a person (details supplied) in County Mayo in respect of their disability allowance refusal. [25310/10]

I am informed by the Social Welfare Appeals Office that a form for the opening of an appeal has been forwarded to the person concerned and requesting him to state the grounds for his appeal. On receipt of his reply the appeal will be opened and processed in the normal manner.

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.

Michael Ring

Question:

414 Deputy Michael Ring asked the Minister for Social Protection if he will indicate the consultant who examined a person (details supplied) in County Mayo, which resulted in their invalidity pension appeal being disallowed; and if he will provide full details of the consultant. [25313/10]

The person concerned underwent a medical assessment on 16th April 2009, in respect of entitlement to illness benefit and an application for invalidity pension. The assessment, which included a physical examination, was conducted by a fully qualified and experienced practitioner, who would have had at least six years experience in the practice of medicine prior to joining the Department and who has also undergone special training in human disability evaluation. Based on the medical opinion offered as a result of this assessment payment of illness benefit was suspended and the application for invalidity pension was refused. The person concerned appealed these decisions. A second medical assessment was conducted by a second similarly qualified medical assessor, who agreed with the opinion offered from the original assessment. Following an oral hearing by the independent Social Welfare Appeals Office, at which the findings of the second assessor were taken into account, the decisions were upheld.

Social Welfare Benefits

Michael Ring

Question:

415 Deputy Michael Ring asked the Minister for Social Protection the reason a person (details supplied) in County Mayo who had left work, applied for carer’s benefit and was successful with that application, and who now two years later has attempted to move over to carer’s allowance has been told that the person for whom the care is being provided does not need full-time care and attention when in fact the care recipient’s condition has deteriorated in the intervening two years; and if he will make a statement on the matter. [25314/10]

The person concerned was previously in receipt of carer's benefit. A decision on medical eligibility was made at the time of his application for carer's benefit based on the medical evidence supplied. He subsequently applied for carer's allowance in respect of the same care recipient (caree). The department's Medical Assessor gave an opinion, based on the latest medical information supplied, that the caree no longer requires full time care and attention. On 10 May 2010 the person concerned was refused carer's allowance on those grounds. He was notified of this decision, the reasons for it and of his right of review or appeal to the Social Welfare Appeals Office.

Additional medical evidence was received from the person concerned and was forwarded to the department's Medical Assessor for consideration. However, this information did not alter the opinion of the Medical Assessor and the decision remains unchanged. On 4 June 2010 he was notified of this decision, the reasons for it and of his right of appeal to the Social Welfare Appeals Office.

Michael Ring

Question:

416 Deputy Michael Ring asked the Minister for Social Protection the reason medical evidence that is sufficient for carer’s benefit is not sufficient for carer’s allowance; the number of carer’s allowance claimants who were previously in receipt of carer’s benefit who have been refused carer’s allowance based on medical grounds, in tabular format, for each of the past 12 months; and if he will make a statement on the matter. [25315/10]

To qualify for carer's benefit and carer's allowance, the person being cared for (the caree) must require full time care and attention. A decision on medical eligibility is made based on the medical evidence supplied at the time of relevant application.

The statistical information requested by the Deputy is attached. The table shows the number of applications for carer's allowance in respect of carees for whom carers benefit was previously paid, which are categorised as having been refused carer's allowance on medical grounds.

Numbers refused on medical grounds in the past year

Year

Number

2009

June

1

July

3

August

4

September

2

October

11

November

9

December

3

2010

January

6

February

6

March

11

April

11

May

11

Total

78

Social Welfare Appeals

Michael Ring

Question:

417 Deputy Michael Ring asked the Minister for Social Protection when an appeal will be heard in respect of a person (details supplied) in County Mayo. [25316/10]

The Social Welfare Appeals Office has advised me that, following receipt of the relevant Departmental papers including comments on the grounds of appeal, the appeal from the person concerned will be referred to an Appeals Officer for consideration.

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

Michael Creed

Question:

418 Deputy Michael Creed asked the Minister for Social Protection the reason a person (details supplied) in County Cork has been refused domiciliary care allowance; if he will review this decision in view of the medical evidence submitted; and if he will make a statement on the matter. [25335/10]

An application for domiciliary care allowance (DCA) was received on 29th March 2010 from the person in question. This application was referred to one of the Department's Medical Assessors who found that his child was not medically eligible for DCA.

A letter issued to the person in question on 24th May 2010 advising him of the decision. The applicant submitted additional medical information in respect of his claim on 2 June 2010 and this was forwarded to the Social Welfare Appeals Office requesting that an appeal be registered. As part of the appeal process, the application with be reviewed by a Medical Assessor who will take the new medical evidence into consideration.

Bernard J. Durkan

Question:

419 Deputy Bernard J. Durkan asked the Minister for Social Protection further to Parliamentary Question No. 391 of 1 June 2010 if a full oral hearing will be offered to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [25338/10]

No formal written appeal has been received from the person concerned. In the event of an appeal being received it will be a matter for the Appeals Officer to decide if the case can be decided summarily or if an oral hearing is required.

Question No. 420 answered with Question No. 375.

Pension Provisions

Arthur Morgan

Question:

421 Deputy Arthur Morgan asked the Minister for Social Protection if there is a pensions system in place for Irish citizens who have worked here but are now living abroad; the position regarding same; if they are entitled to non-contributory State pensions; or if there is a system in place where they can pay contributions to the State for an Irish contributory pension, similar to the British system which allows British citizens to pay contributions over nine years from abroad and entitles them to contributory pensions. [25503/10]

A person who has sufficient contributions to qualify for a State pension (contributory) or a State pension (transition) may receive their payment while living abroad.

Where a person has insufficient Irish contributions to qualify for these pensions it may be possible to combine their Irish contributions with other EU countries or countries with whom Ireland has a bilateral agreement in order to qualify for a pro rata rate of payment. Payment of a non-contributory pension, which is a means tested pension, is not normally paid to people who reside outside the State. However for those living in Northern Ireland who were in receipt of a State pension (non-contributory) immediately before moving, the pension can continue to be paid for up to five years or until a similar payment from the relevant authority is being paid. Voluntary contributions are PRSI contributions that can be paid if an individual is between the age of 16 and 66 and is no longer covered by compulsory PRSI by way of insurable employment, self-employment or credited contributions.

In order to be admitted as a voluntary contributor, an individual must: have at least 260 weeks PRSI paid under compulsory PRSI in either employment or self-employment; apply within 12 months after the end of the contribution year during which compulsory PRSI was last paid or a credited contribution was last awarded; and agree to pay voluntary contributions from the start of the contribution week in which compulsory PRSI was last paid or a credited contribution was last awarded.

Under EU legislation it not possible for a person to be subject to the social insurance systems of two or more member states at the same time. This means that an individual cannot pay voluntary contributions in Ireland at the same time as they are in insurable employment, self-employment, receiving credited contributions or paying voluntary contributions in another EU member state. The rate of voluntary contributions payable is always determined by the last rate of PRSI contribution paid by a person.

Social Welfare Benefits

Michael Ring

Question:

422 Deputy Michael Ring asked the Minister for Social Protection the reason jobseeker’s allowance payment has ceased in respect of a person (details supplied) in County Mayo; when this payment will be restored; and if he will make a statement on the matter. [25554/10]

When the spouse of the person concerned was awarded jobseeker's benefit in April 2010 his payment became subject to a limitation. Due to an oversight, his payment was suspended at that time. This has now been rectified. His jobseeker's allowance payments will resume and all arrears due will issue to him this week.

Social Welfare Appeals

Joanna Tuffy

Question:

423 Deputy Joanna Tuffy asked the Minister for Social Protection the position regarding an appeal against a decision not to award jobseeker’s allowance in respect of a person (details supplied) in County Dublin; if he will grant an early oral hearing; the reason for the delay; and if he will make a statement on the matter. [25578/10]

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

There has been a 46% increase in the number of appeals received by the Social Welfare Appeals Office in 2009 when compared to 2008, which in itself was 27% greater than the numbers received in 2007. There has been an increase of a further 46% in the number of appeals received in the first quarter of 2010. These increases have caused delays in the processing of appeals. In order to be fair to all appellants, oral hearings are arranged in strict chronological order.

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

Social Welfare Benefits

Deirdre Clune

Question:

424 Deputy Deirdre Clune asked the Minister for Social Protection the long-term health effects of the withdrawal of the dental and optical benefit schemes; the long-term cost of these health effects to the State; if any cost benefit analysis was carried out and if these issues were considered before dental and optical benefits were withdrawn; and if he will make a statement on the matter. [25581/10]

The optical and dental benefit schemes have not been withdrawn. The current budgetary position necessitated the changes made to social welfare benefits, including treatment benefits, in Budget 2010. From 1st January 2010, treatments available under the optical and dental elements of the scheme are limited to the free examination. There has been no change to the medical appliances element of the scheme. Over 2 million PRSI contributors are eligible for the free dental and optical examination and medical appliance benefit in 2010.

Current trends in 2010 indicate that by year end up to 300,000 people will opt to avail of the free dental examination, and a further 150,000 will receive a free optical examination. The annual free dental examination has been retained in order to encourage people to continue attending for checkups and help address the concerns expressed about the general dental health of the public. Regular dental examination can detect health issues and inform patients of any urgent dental treatment they may require.

Some 210,000 customers who had applied for approval to commence treatment prior to 31st December, either directly to the Department or through their practitioners, will receive the full range of dental and optical treatments available under the schemes prior to 1st January 2010. There is also evidence that increased competition in the market is having an effect on price. Shortly after the announcement of the changes to the scheme, for example, one major dental chain announced a price cut of 30%, and the Irish Dental Association subsequently announced that its members would either freeze or reduce their prices. Developments such as these are to be welcomed as they will make treatment more affordable for all consumers.

Emmet Stagg

Question:

425 Deputy Emmet Stagg asked the Minister for Social Protection the reason for the delay in sanctioning rent allowance in respect of a person (details supplied) in County Kildare. [25656/10]

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

Jack Wall

Question:

426 Deputy Jack Wall asked the Minister for Social Protection the reason a person (details supplied) in County Kildare was refused an exceptional needs payment; and if he will make a statement on the matter. [25681/10]

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

Defence Forces Property

Pat Breen

Question:

427 Deputy Pat Breen asked the Minister for Defence further to Parliamentary Question No. 401 of 1 June 2010, that the red zones at Casement Aerodrome, County Dublin, are three dimensional wedge-shaped surfaces, if he will further confirm in respect of each of the four runways concerned the elevations, relative to Malin Datum, of their respective thresholds, as well as the slope of each of the said wedge-shaped surfaces; and if he will make a statement on the matter. [25593/10]

The information sought by the Deputy is contained within the Review of Policy in Relation to Casement Aerodrome compiled by Sir Frederick Snow & Partners (1999) that was sent to the Deputy pursuant to Parliamentary Question No. 273 of 9th June 2010. If the Deputy has any further questions concerning this matter I will arrange for him to meet with the relevant officials.

Bullying in the Workplace

Michael Creed

Question:

428 Deputy Michael Creed asked the Minister for Defence if a grievance of a member of the Army nursing service in the Defence Forces, which involves allegations of bullying and harassment, has been referred to the Labour Relations Commission at the request of the injured party; if so, the reason the Defence Forces continue to refuse to engage directly with the trade union representing the injured party; his views on whether it is acceptable that correspondence from the Defence Forces of 9 March 2010 and 18 May 2010 would issue when the matter is still the subject of investigation by the Labour Relations Commission; and if he will make a statement on the matter. [25679/10]

I am advised by the military authorities that they have not been put on notice of any grievance by a member of the Army Nursing Service (ANS) which involves allegations of bullying and harassment having been referred to the Labour Relations Commission at the request of the member concerned or a third party. Any referral of a complaint to the LRC is a matter for the individual concerned.

Members of the ANS have recourse to a Redress of Wrongs Process under Section 19 of Defence Force Regulation A14, which allows a complaint to be dealt with up to the level of the Director of the Medical Corps. Upon completion of this process if the member is not satisfied with the outcome they are entitled to avail of the full range of industrial relations machinery which is available to employees generally.

A member of the ANS did lodge a formal complaint dated 25th May 2009 with the military authorities under the provisions of Redress of Wrongs Process under Section 19 of Defence Force Regulation A14. Representations were received on behalf of the individual from the Industrial Relations Officer of the Irish Nurses and Midwives Organisation (INMO) as part of this process. The Acting Director of the Medical Corps issued her ruling on the Redress of Wrong complaint directly to the complainant on 7 May 2010. The specific correspondence referred to by the Deputy related to the complainant's anticipated return to work.

Foreshore Licences

Michael Ring

Question:

429 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government when a decision will be made on a foreshore licence application in County Mayo to facilitate the Killala sewerage scheme. [25105/10]

This application is in the final stage of processing and I expect to make a determination on it very shortly.

Housing Statistics

Sean Sherlock

Question:

430 Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government the number of vacant residential housing units in County Cork; and if he will make a statement on the matter. [25026/10]

While my Department collates and publishes a wide range of housing statistics, the full range of which can be viewed on www.environ.ie, it does not collect the data sought on the number of vacant units by county. The most recent information relating to vacant residential units can be found in the 2006 census data which is available from the CSO, www.cso.ie.

Commercial Property Statistics

Sean Sherlock

Question:

431 Deputy Seán Sherlock asked the Minister for the Environment, Heritage and Local Government the number of vacant commercial properties in Fermoy, Mitchelstown, Mallow, Kanturk, Youghal, Midleton and Cobh, County Cork; and if he will make a statement on the matter. [25027/10]

My Department does not hold or collect the information requested.

Consultancy Contracts

Phil Hogan

Question:

432 Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the amount that the Dublin Docklands Development Authority has spent each year on professional fees and consultancy fees since its establishment; and if he will make a statement on the matter. [25113/10]

Details of annual expenditure on professional fees and consultancy fees by the Dublin Docklands Development Authority since its establishment are available in its Annual Reports and are set out in the following table:

Year

€’000s

1997

283

1998

371

1999

761

2000

615

2001

567

2002

435

2003

696

2004

898

2005

1,043

2006

1,126

2007

1,213

2008

6,8281

2009

1,619

1Increase due primarily to substantial legal fees incurred.

The above expenditure figures include fees for legal, accounting, audit and public relations purposes.

Environmental Policy

Andrew Doyle

Question:

433 Deputy Andrew Doyle asked the Minister for the Environment, Heritage and Local Government his policy regarding the burning of upland areas for firebreaks; and if he will make a statement on the matter. [25151/10]

The provision of a fire service in its functional area and the assessment of fire cover needs having regard to the nature of the fire hazards and the probable incidence and extent of fires in its area is a statutory function of individual fire authorities under section 10 of the Fire Services Act 1981.

In general, the burning of upland areas for firebreaks should only be undertaken with the consent of the owners of the land and with appropriate precautions in place to restrict the extent of the burning and avoid uncontrolled burning. The advice of the local fire authority may be sought in regard to fire safety.

Section 40 of the Wildlife Act 1976, as amended, provides that it is an offence for a person to cut, grub, burn or otherwise destroy, during the period from 1 March to 31 August, any vegetation growing on any land not then cultivated or, during the same period, to cut, grub, burn or otherwise destroy any vegetation growing in any hedge or ditch. There are a number of derogation provisions in the legislation which allow work to be carried out in the normal course of agriculture or forestry, but do not extend to burning.

In addition under Section 39 of the Wildlife Act 1976, as amended, it is an offence for a person to burn vegetation growing within one mile of a wood or plantation which is not the property of such a person, at any time of the year, without firstly giving notice in writing to an Garda Síochána and the owner/occupier of the wood or plantation.

Under the Habitats Regulations 1997 as amended and the Wildlife Acts, the burning of areas of vegetation in bogland designated for conservation as Special Areas of Conservation, Natural Heritage Areas, or Special Protection Areas, is a Notifiable Activity which may not be carried out except with the express consent of the Minister.

Departmental Expenditure

Leo Varadkar

Question:

434 Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government the amount an organisation (details supplied) has received in grants or other funding from his Department in the past three years; the heading under which this money was given; the amount of this money that was spent on foreign travel for staff members; if the Department has carried out an audit of this charity in recent years; and if he will make a statement on the matter. [25190/10]

My Department has recouped almost €12.4 million under Section 10 of the Housing Act 1988 to local authorities in respect of 90% of revenue expenditure incurred by the organisation concerned on homeless accommodation and related services over the period 2007 to 2009. A further 10% has been provided by the local authorities concerned.

It is a matter for each local authority, in the first instance, to ensure that monitoring and evaluation arrangements are in place to ensure accountability for expenditure of funds on homeless services, both in terms of value for money and effectiveness of the services provided. As part of the Homelessness Action Plan process, relevant housing authorities have been urged, where necessary, to carry out a comprehensive review of services in their areas. The major review of services already carried out in Dublin has, I understand, encompassed services provided by the organisation concerned.

I understand that the Revenue Commissioners have granted charitable tax exemptions to over 7,500 organisations in Ireland, and that Revenue require that the financial statements of any such organisation with an annual income of over €100,000 must be audited. Also, depending on the legal structure adopted by a charity, they may be subject to other audit requirements. For example, an incorporated charity will be subject to audit requirements under company law.

Furthermore, I understand that when the Charities Act 2009 is fully commenced, the accounts of charities will be subject to either independent examination or audit, depending on whether their annual gross income or total expenditure is above or below a threshold to be prescribed in regulations by the Minister for Community, Equality, and Gaeltacht Affairs.

Under my Department's Capital Assistance Scheme (CAS), which is administered by the local authorities, grants of up to 100% of the approved cost are available for the provision, by approved housing bodies, of accommodation to meet the needs of older people, persons with a physical or intellectual disability, homeless persons and other groups with specific categories of housing need. My Department's involvement with the CAS relates primarily to the provision of funds for individual projects. The detailed administration of the scheme, including the appraisal of new applications, the management of the planning and procurement stages of projects and the certification that projects comply with the terms and conditions of the funding schemes, are the responsibility of the relevant local authority. In the past three years, funding of €23.6 million was provided to the organisation concerned in respect of some 156 units of accommodation delivered under the CAS.

My Department also provides financial assistance towards the administrative and general expenses of certain bodies which provide information, research or representative services in the area of housing. Over the period 2007 to 2009, funding of €270,000 was provided in this regard to the organisation concerned. Eligibility for assistance is contingent on the provision of audited financial statements by the bodies concerned.

Information regarding expenditure on foreign travel by staff of the organisation referred to in the question is not available in my Department.

Water and Sewerage Schemes

Finian McGrath

Question:

435 Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government the position regarding a matter (details supplied). [25247/10]

Where water services contracts are being funded under my Department's Water Services Investment Programme water services authorities are required to obtain my Department's approval at certain key stages in the process. In relation to water-main rehabilitation contracts such as those referred to in the question, the Contract Documents for the work must be approved by my Department before the authority can proceed to the tender and construction stages.

Under the Water Services Investment Programme 2007-2009 a tranche of five water-mains rehabilitation contracts have been completed. Further tranches of water-main rehabilitation works are planned under the 2010-2012 Programme, which I published in April 2010 following an assessment of needs carried out by all water services authorities. Dublin City Council's Contract Documents for the second tranche of a further five contracts of the Dublin Region Watermains Rehabilitation Programme, including Contracts No. 9 and 10, are under examination in my Department. I anticipate that this examination will very shortly be concluded.

Social and Affordable Housing

Michael Moynihan

Question:

436 Deputy Michael Moynihan asked the Minister for the Environment, Heritage and Local Government the reason for the delay in the issuing of funding to an association (details supplied) in County Cork. [25288/10]

My Department received a payment claim in the amount of €73,473 from Cork County Council on 10 June in respect of this project. This amount has been paid to the Council, bringing the total paid to date to €1,817,649.

Coastal Protection

Terence Flanagan

Question:

437 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government if he will respond to a matter (details supplied); and if he will make a statement on the matter. [25517/10]

My Department does not have such imagery available but I understand that Ordnance Survey Ireland (OSI) produce aerial photographs, as opposed to satellite pictures, of all of the State for the years 1995, 2000 and 2005. The OSI is expected to produce similar data for 2010.

Professional Registration

Maureen O'Sullivan

Question:

438 Deputy Maureen O’Sullivan asked the Minister for the Environment, Heritage and Local Government if he will confirm that an Irish national is obliged to obtain UK citizenship to be assured of registration as an architect in his home state here (details supplied). [25523/10]

Part 3 of the Building Control Act 2007 provides for the registration of Architects and designates the Royal Institute of Architects of Ireland (RIAI) as the registration body for the purposes of that part of the Act. I understand from the RIAI that it has recently considered the matter raised in the question and is currently revising the administrative arrangements for the registration of Architects in order to deal more effectively with the set of circumstances involved.

Pest Control

Maureen O'Sullivan

Question:

439 Deputy Maureen O’Sullivan asked the Minister for the Environment, Heritage and Local Government the position relating to pest management statutory regulation. [25524/10]

My Department has responsibility for regulating the use of traps, snares and nets in relation to wildlife, including pests, in accordance with the provisions of the Wildlife Acts, 1976 and 2000, and the Wildlife Act, 1976 (Approved Traps, Snares and Nets) Regulations 2003. Other traps, such as glue traps, do not meet the requirements set by these Regulations and are, therefore, illegal. I do not intend to license the use of these traps.

Local Authority Funding

Seán Barrett

Question:

440 Deputy Seán Barrett asked the Minister for the Environment, Heritage and Local Government the list of local authorities and their water services capital projects that he has recently approved for the €141 million borrowings in 2010; and if he will make a statement on the matter. [25535/10]

I have notified water services authorities that, subject to satisfying standard criteria, I would be prepared to approve expenditure on foot of borrowing in 2010 in respect of the water services projects and amounts indicated, as set out in the following table. Originally €141 million, an additional project since added to the list brings the total borrowing allocation to €144 million. Some authorities do not require approval to borrowing at this stage.

Water Services Authority

Project Approved For Borrowing 2010

Amount

Cavan

Water Conservation Stage 3 Arva

60,000

Cavan

Ballyjamesduff Extn To Ballinagh

1,000,000

1,060,000

Clare

Ennis Water Treatment (Permanent)

300,000

Clare

West Clare RWSS Contract 6 Kilkee

400,000

Clare

Lisdoonvarna WSS (Ext. To Ballyvaughan )

700,000

Clare

Ennis Wss Augmentation Scheme

170,000

Clare

Newmarket On Fergus WSS Contracts 3& 4

500,000

Clare

Feakle Scarriff Quilty Sewerage (Network And DBO)

1,400,000

Clare

Corofin Sewerage (Network And DBO)

450,000

Clare

Clonlara SLI

1,450,000

5,370,000

Cork County

Kinsale Sewerage Scheme

5,548,000

Cork County

North Cobh Sewers advanced Cont

2,757,121

Cork County

S.L.I. Fermoy/Mallow Plants

1,758,195

Cork County

Skibbereen Sewerage Scheme

4,207,974

Cork County

Bandon S.S

584,890

Cork County

Dripsey/Coachford WS Upgrade

1,860,000

Cork County

Crosshaven S.S

863,137

Cork County

Watergrasshill Services S.L.I.

736,123

Cork County

Cork Main Drainage Phase 2

1,288,551

Cork County

Bantry Sewerage (Outfall) Sche

889,735

Cork County

Schull Sewerage Scheme (Outfal

1,488,512

Cork County

Innishannon Reg. Ws

530,088

Cork County

Mogeely Wwtp

381,416

Cork County

Lamellae Plates-Inniscarra

212,071

Cork County

Killeagh Wwtp Upgrade

1,005,000

Cork County

Ballincollig WSS Main St Green Route

591,000

Cork County

Buttevant/Doneraile/Kilbrin SS

329,000

Cork County

Ballyvourney/Ballymakeera S.S.

593,000

Cork County

Blarney Wss Ext To Station Rd

761,000

Cork County

Kinsale Wwtp Dbo

2,133,000

Cork County

Bantry Interim Wss

1,006,000

29,523,813

Donegal

Non-Domestic Metering Project

1,500,000

1,500,000

Dublin City

Docklands Ss — Spencer Dock Pumping Station

3,250,000

Dublin City

Docklands Ss — Rising Main

3,000,000

Dublin City

Docklands Ss — River Liffey Services

2,000,000

8,250,000

Fingal

Drainage — Dublin Bay Contract 5

403,000

Fingal

Drainage — Balbriggan Skerries Wwts Phase I & Ii

166,000

Fingal

Water — Swords Strengthening — Lissenhall To Jordanstown

181,000

Fingal

Water — Fingal Region Non-Domestic Metering Project

3,830,000

Fingal

Drainage — N2 Branch Sewer

456,000

Fingal

Water — Ward Garristown Water Supply Scheme

349,000

5,385,000

Galway City

Gmd Stage 3 Volume C Network Advance Works

200,000

Galway County

Dunmore Kilkerrin Leenane Ss

2,250,000

Galway County

Carna Kilkieran Scheme

2,000,000

Galway County

Clonbur Sewerage Scheme

975,000

Galway County

Letterfrack Sewerage Scheme

941,000

Galway County

Headford Sewerage Scheme

500,000

Galway County

Roundstone WSS

328,000

Galway County

Tuam RWSS — Ext. To Athenry

290,000

Galway County

Non-Domestic Metering Project

1,000,000

Galway County

Barna Sewerage Scheme

740,000

Galway County

Tuam — Clarinbridge Kilcolgan Sli

113,000

Galway County

Remedial Action

2,000,000

11,137,000

Kerry

Waterville Water & Sewerage Scheme

1,000,000

Kerry

Kenmare WSS

2,000,000

3,000,000

Kildare

Lower Liffey Valley Regional Sewerage Scheme- Network Upgrade

5,901,000

5,901,000

Kilkenny

Mooncoin Regional Water

1,400,000

Kilkenny

Water Conservation

100,000

Kilkenny

Gowran/Goresbridge/Paulstown Water

200,000

1,700,000

Leitrim

Water — Kinlough Tullaghan

739,000

Leitrim

Wastewater — Leitrim Towns And Villages

4,000,000

Leitrim

Water — South Leitrim Stage 5

1,324,000

6,063,000

Limerick City

Dock Road To Ennis Road Trunk Main

350,000

Limerick City

Shannon River Crossing Trunk Main

200,000

Limerick City

Non Domestic Metering

400,000

Limerick City

Clareville Water Treatment Plant

1,500,000

2,450,000

Limerick County

Clareville Water Treatment Plant

5,000,000

Limerick County

Clareville/Newcastle Rising Main

350,000

Limerick County

Monaleen Road Trunkmain

500,000

Limerick County

Patrickswell To Adare Trunk

1,000,000

6,850,000

Longford

Lough Gowna Stage 4

147,000

Longford

Installation Water Meters

101,000

Longford

Water Conservation Project

158,000

Longford

Water Meter Project

200,000

Longford

Longford Se Environ Drainage Sch (Springlawn)

16,000

Longford

Water Con Project Stage 2 Phase 2

74,000

Longford

Ballymahon Sewerage Scheme

494,000

Longford

Granard Sewerage Scheme

200,000

Longford

Lfd Central Reg Wss Sr Contract 1 Moneylagan

123,000

Longford

Lfd Central Reg Wss Sr Contract 5 Trial Well Drilling

30,000

Longford

Lfd Central Reg Wss Stage 6

3,078,000

Longford

Newtownforbes — Drumlish Sew Scheme

100,000

Longford

Ardagh Acliffe Ballinalee Ss

572,000

Longford

Lanesborough Sewerage Scheme Network Contract

153,000

5,446,000

Louth

Collon/Tallanstown/Louth/ Knockbridge Wwtp

306,000

Louth

South & East Water & Surface Water

550,000

Louth

Water Conservation Project Stage 1 & 2

81,000

Louth

East Meath South Louth — Staleen WSS

600,000

1,537,000

Mayo

Castlebar Env Sewerage Scheme

3,500,000

Mayo

Non Domestic Water Metering

2,000,000

Mayo

Achill Sewerage Scheme

2,200,000

7,700,000

Monaghan

Monaghan Town Sli

1,200,000

1,200,000

North Tipperary

Newport Regional Water Scheme

1,000,000

North Tipperary

Thurles Regional Water Scheme

1,000,000

2,000,000

Sligo

Sligo & Environs St.2 (Kilsellagh Wtp)

800,000

Sligo

Tubbercurry/Grange/Strandhill Wwtp’s

1,500,000

2,300,000

South Dublin

Boherboy Water Supply Scheme

3,000,000

3,000,000

South Tipperary

Clonmel Sludge Dryer

1,700,000

South Tipperary

Clonmel Town & Rural Wss — (1) Glenary — Upgrading Works

130,000

South Tipperary

Clonmel Town & Rural Wss — (2) Borehole Scheme

200,000

2,030,000

Waterford City

North West City Water Supply (C3211200)

3,500,000

Waterford City

Water Conservation

146,000

3,646,000

Waterford County

Tallow Collection System Wgtvss

143,000

Waterford County

Kilmacthomas Collection System Wgtvss

43,000

186,000

Westmeath

Mullingar Sewerage Improvement Scheme

6,000,000

6,000,000

Wexford

New Ross Main Drainage

4,500,000

Wexford

Bunclody Main Drainage

2,500,000

Wexford

Taghmon Water Supply

1,100,000

8,100,000

Wicklow

Bray & Shanganagh Sewerage Scheme

5,000,000

Wicklow

Wicklow Sewerage Scheme

5,000,000

Wicklow

Arklow Water Supply Scheme

1,500,000

Wicklow

Wicklow Water Supply Scheme

1,000,000

12,500,000

Greenhouse Gas Emissions

Denis Naughten

Question:

441 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government if he will review the 3% annual reduction target in climate change in the programme for Government 2007 which he has failed to achieve to date; the changes proposed to address this failure; and if he will make a statement on the matter. [25646/10]

Ireland will meet its greenhouse gas emission limitation target for the purposes of the Kyoto Protocol in the period 2008-2012. In the longer-term, initially to 2020 but ultimately to 2050, significant structural change will be required across all sectors of the economy and society as a whole to achieve an effective transition to a low-carbon future.

The renewed Programme for Government 2009 affirms the commitment to a target of 3% annual average reduction in greenhouse gas emissions. This commitment is reflected in the Framework for the Climate Change Bill 2010 which I published in December 2009. The Bill will, on enactment, provide a statutory basis for the core national priority of major and continued reduction in greenhouse gas emissions in the context of transition. Work on drafting the Heads of the Bill is an advanced stage and, following Government consideration, I intend to announce further details shortly.

Housing Grants

Willie Penrose

Question:

442 Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government if there are grants available to persons for refurbishment or upgrading second hand houses which they have purchased; and if he will make a statement on the matter. [25649/10]

Under the terms of the suite of Housing Adaptation Grants for Older People and People with a Disability, which is administered by the local authorities, grants are available to assist households to have necessary repairs or improvement works carried out, in order to facilitate the continued independent occupancy of their homes. Grants are also available from my Department for the renewal or repair of thatched roofs of houses.

Outside of these grant schemes, there is no specific grant scheme currently available from my Department for refurbishing or upgrading second hand houses and I have no plans to introduce such a scheme. The Home Energy Saving scheme, which is administered by Sustainable Energy Ireland (SEI), provides grants to homeowners for improving the energy efficiency of their homes in order to reduce energy use and costs. This scheme, which falls within the remit of my colleague, the Minister for Communications, Energy and Natural Resources, is open to all owners of existing homes built before 2006.

Unfinished Housing Estates

Bernard J. Durkan

Question:

443 Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if there is any evidence to the effect that some housing estates, partially constructed or otherwise incomplete, are being stripped out and the fittings disposed of; and if he will make a statement on the matter. [25660/10]

I refer to the reply to Question No. 4 of 27 May 2010.

As part of its comprehensive response to the issue of unfinished or unoccupied estates, my Department is currently undertaking, with the co-operation of local authorities and other key stakeholders, a national inventory on a county by county basis to quantify, classify and map the various types of unfinished or unoccupied estates so as to facilitate a better understanding of the scale and extent of the problem. A pilot exercise has been carried out in one local authority area to inform the process.

It is a matter for developers to ensure that all appropriate steps are taken to secure a site on which development is ongoing or where the conditions of a planning permission have yet to be fully met.

Telecommunications Services

Tom Hayes

Question:

444 Deputy Tom Hayes asked the Minister for Communications, Energy and Natural Resources if he will arrange for Ballyporeen, County Tipperary, to be taken into the national broadband scheme in view of the fact that Eircom has confirmed that it will not be broadband-enabled until mid-2011; if his attention has been drawn to the fact that many people locally need broadband and cannot wait until that date; if it is possible for an area to be added to the national broadband scheme at this point; the procedure to be followed in order to make this happen; and if he will make a statement on the matter. [25106/10]

Prior to the commencement of the National Broadband Scheme (NBS) a detailed mapping exercise was carried out to help determine those areas that would be included in the scheme and those which, by virtue of being already substantially served by existing broadband suppliers, could not be included.

EU State Aid and competition rules govern how states can intervene in areas where there are existing service providers operating. Accordingly, the NBS is prohibited from providing a service in served areas where to do so would give rise to an unacceptable level of market distortion. That mapping exercise found that a number of broadband suppliers were already active in the area referred to in the Deputy's Question and consequently the locality was excluded from the Scheme. Details of broadband services available in each county can be found on ComReg's website at www.callcosts.ie

It continues to be a priority of the Government that there will be broadband coverage across the entire country. However, despite Government and private investment in broadband, I am aware that there continues to be a small percentage of premises throughout the country that will not be capable of receiving broadband services. This is primarily due to technical and other reasons (suitability of a telephone line, distance from an enabled exchange, no line of sight etc.).

The European Commission has set aside a portion of the European Economic Recovery Programme (EERP) funding for rural broadband initiatives. My Department is currently considering the design and implementation of a scheme which would use this funding to address the issue of basic broadband availability to un-served rural premises outside of the NBS areas. This work will include the identification of premises not capable of receiving broadband. It is hoped to commence this scheme in late 2010 and have it completed by 2012. As the scheme is only at the design stage, there is no application process at this juncture. Information in relation to acceptance of applications and the process of qualification under the scheme will be made available in due course when the scheme is launched.

Electric Vehicles

James Reilly

Question:

445 Deputy James Reilly asked the Minister for Communications, Energy and Natural Resources if he will ensure that Skerries, County Dublin is included in the ESB pilot programme supporting the introduction of electric cars in view of the fact that Skerries is an ideal location due to the fact that tourists who travel to the beach in the area remain in the locality for a period of time which would allow them to charge up their cars if a public charging station were available; and if he will make a statement on the matter. [25146/10]

The ESB will roll out 1,500 charge points on a nationwide basis by December 2011. The rollout has already begun in Dublin and charging points will also be installed in Cork, Galway, Waterford and Limerick. ESB also plans to install up to 30 fast charge points across Ireland by the end of 2011, with nine expected to be set up by the end of this year. While it is a matter for the ESB to determine where the infrastructure will be provided the fact that it is a nationwide process will ensure that all relevant areas are included as the scheme progresses.

My Department, the Commission for Energy Regulation (CER) and ESB Networks are also discussing the electric vehicle infrastructure network build out programme. The potential emergence of other parties with an interest in providing infrastructure is an issue for consideration in that context.

Electricity Generation

Deirdre Clune

Question:

446 Deputy Deirdre Clune asked the Minister for Communications, Energy and Natural Resources his views on whether ESB run dams should have flooding control and not energy production as their main priority; the steps he has taken to consider this; if he has been in consultation with the ESB to implement such a proposal; and if he will make a statement on the matter. [25332/10]

ESB is statutorily charged with undertaking the production and generation of electricity by means of hydraulic power derived from the waters of certain rivers in Ireland.

Production of energy is, and will continue to be, the primary function for ESB hydro schemes. However, managing the water levels on rivers at the hydroelectric schemes is an intrinsic part of ESB's responsibilities. It has always been the case that in the event of flooding, the main priority becomes the management of the waters rather than production of energy. The levels of water and the power to change those levels are defined in the relevant legislation. ESB's hydro schemes and dams conform to international standards and practices and there are very stringent procedures in place to cover situations where flooding occurs.

ESB's own Regulations provide for operating procedures for the dams in relation to normal operation, flood conditions, dam safety, levels and low flow conditions. These Regulations are revised and updated regularly based on operating experience.

The relevant legislation in this regard is:

Shannon Electricity Act 1925, Electricity Supply Act 1927, Electricity (Supply) (Amendment) Act, 1934, Liffey Reservoir Act 1936, Electricity (Supply) (Amendment) Act 1945, River Erne Hydro-Electric Scheme Approval Order No. 86 of 1945, River Liffey (Leixlip) Hydro-Electric Scheme Approval Order No.154 of 1945, River Lee Hydro-Electric Scheme Approval Order No. 321 of 1949, Erne Drainage and Development Act 1950.

Alternative Energy Projects

Joe McHugh

Question:

447 Deputy Joe McHugh asked the Minister for Communications, Energy and Natural Resources if he plans to introduce a grant and incentive scheme for micro wind energy generators; if he will provide relevant material; and if he will make a statement on the matter. [25529/10]

In the Irish electricity market at present, there is one supply company (ESB Customer Supply) currently offering consumers a microgeneration feed-in tariff support scheme under certain terms and conditions. This tariff is offered on a commercial basis and it is open to other supply companies to enter this market. Further details of the ESB micro generation scheme are available at www.esb.ie/esbnetworks.

Uptake to date has been mainly in the wind category with 31 in the solar photovoltaic and 1 in the hydro category. While there have been about 400 additional enquiries in relation to the scheme, it is clear that there will be limited enough overall take up. It is equally clear to me that further steps are needed to stimulate interest in and take up of microgeneration.

Late last year the Commission for Energy Regulation wrote to all the other electricity supply companies inviting them to introduce microgeneration schemes similar to that of ESB but there has been no response to date. In line with my objective to increase deployment of microgeneration technologies, my Department is working closely with the Sustainable Energy Authority of Ireland (SEAI), to build on the experience gained from the field trials undertaken by SEAI and to assess the options for increased market deployment. Technical and safety standards are being developed and options for possible new support measures are being explored. The existing ESB scheme is focused very much on domestic scale technologies with an 11 kv size limit. I have asked my Department to examine a range of larger technologies which would be appropriate for deployment at farm, small business and community level. The work will be completed as soon as possible and I will then consider what further steps should be taken.

Telecommunications Services

Jack Wall

Question:

448 Deputy Jack Wall asked the Minister for Communications, Energy and Natural Resources the position regarding the upgrading and or provision of a proper broadband structure in an area (details supplied) in County Kildare in view of the fact small and medium enterprise cannot operate properly with the present service; and if he will make a statement on the matter. [25558/10]

The provision of broadband services is in the first instance a matter for private sector service providers operating in Ireland's fully liberalised telecommunications market. Broadband services are provided by private service providers over various platforms including DSL (i.e. over telephone lines), fixed wireless, mobile, cable, fibre and satellite. In cases of market failure the Government will intervene, where it is appropriate and possible to do so.

Prior to the commencement of the National Broadband Scheme (NBS) a detailed mapping exercise was carried out to help determine those areas that would be included in the scheme and those which, by virtue of being already substantially served by existing broadband suppliers, were to be excluded. EU State Aid and competition rules govern how states can intervene in areas where there are existing service providers operating. Accordingly, the NBS is prohibited from providing a service in served areas where to do so would give rise to an unacceptable level of market distortion.

Precise details of the electoral divisions throughout the State that are to be included in the National Broadband Scheme can be viewed on my Department's website www.dcenr.ie Details of the telecommunications service providers operating in county Kildare can be found at www.callcosts.ie on ComReg’s website.

It continues to be a priority of the Government that there will be broadband coverage across the entire country. However, despite Government and private investment in broadband, I am aware that there continues to be a small percentage of premises throughout the country that will not be capable of receiving broadband services. This is primarily due to technical and other reasons (suitability of a telephone line, distance from an enabled exchange, no line of sight etc.).

The European Commission has set aside a portion of the European Economic Recovery Programme (EERP) funding and granted State Aid approval for rural broadband initiatives. My Department is currently progressing the design and implementation of a scheme which would be available to un-served rural premises outside of the NBS areas. This work will include the identification of premises not capable of receiving broadband. It is hoped to commence this scheme in late 2010 and have it completed by 2012. As the scheme is only at the design stage, there is no application process at this juncture. Information in relation to acceptance of applications and the process of qualification under the scheme will be made available in due course when the scheme is launched.

Inland Fisheries

John Cregan

Question:

449 Deputy John Cregan asked the Minister for Communications, Energy and Natural Resources if he will confirm that salmon anglers have had a representative from their sector appointed to the new National Fisheries Board; and when he expects the board to come into operation. [25575/10]

The Inland Fisheries Act 2010 which was recently enacted provides the statutory basis for the establishment of a new national inland fisheries authority to be known as Inland Fisheries Ireland. An Order has been made under the Act which designates the 1 July 2010 as the establishment day for the purposes of the Act and therefore the day on which Inland Fisheries Ireland will come into operation.

From the outset I have maintained that the Board of Inland Fisheries Ireland should be small and contain a strong focus relevant to its business and to the general issue of good corporate governance. The Act provides that potential appointees to the Board must have had experience of or have shown capacity in one or more of a number of areas. These areas include, inter alia, recreational fisheries, commercial fishing, business or commercial affairs and environmental or biodiversity matters. The Bill does not restrict potential appointees to a particular area of expertise.

During the passage of the Bill through the Oireachtas I announced details of a number of nominations to the Board of Inland Fisheries Ireland. I can confirm that of those proposed to be appointed, there are individuals with experience of or who have shown capacity in recreational fisheries. The formal appointments to the Board will not be made until 1 July 2010.

John Cregan

Question:

450 Deputy John Cregan asked the Minister for Communications, Energy and Natural Resources if he will explain the recent realignment of the draft netting season on the River Feale, thereby allowing draft netting up to 20 August 2010; and if he will confirm that scientific advice available supported this decision. [25576/10]

Under the Fisheries Acts, primary responsibility for the management, conservation, protection and development of the inland fisheries resource rests with the Central and Regional Fisheries Boards.

Under the Wild Salmon and Sea Trout Tagging Scheme Regulations 2009 (S.I. No. 557 of 2009), the River Feale, including the waters of the Galey and Brick, has a total allowable catch of 4,652 and the allocation of the quota between the commercial and recreational sectors is made by the CEO of the Shannon Regional Fisheries Board on the advice of the local Fishery District Committee.

The commercial (draft net) season on the Feale traditionally commenced on 12 May and ended on 31 July. On foot of a request received from the CEO of the Shannon Regional Fisheries Board, I provided for an adjustment of the season to 1 June 2010 to 20 August 2010 under the Salmon and Trout Conservation (Draft Nets and Snap Nets) Bye-law No. 872, 2010. Regardless of the adjustments provided to the draft net season on the Feale, the harvest of salmon by any means is restricted to its Total Allowable Catch of 4,652 for 2010.

Housing Grants

Thomas Byrne

Question:

451 Deputy Thomas Byrne asked the Minister for Communications, Energy and Natural Resources the position regarding an application for the warmer homes scheme in respect of persons (details supplied) in County Meath. [25583/10]

The Sustainable Energy Authority of Ireland (SEAI) informs me that the Warmer Homes Scheme (WHS) will be delivered to the individual in question within eight weeks.

SEAI operates a dedicated WHS hot line — 1800 250 204 — to deal with queries from scheme applicants and public representatives. Queries are dealt with immediately. In addition, the WHS programme manager, Mr. Michael Martin of SEAI, is available — on 042 939 1548 — to deal with any queries the Deputy might have. The availability of both points of contact ensures that there is no delay in dealing with specific queries related to the delivery of the WHS.

Fallen Animal Collection Scheme

James Reilly

Question:

452 Deputy James Reilly asked the Minister for Agriculture, Fisheries and Food the alternatives that will be put in place by his Department to facilitate a cost effective fallen animal collection service and on-site post mortem facilities if farmers in north Dublin lose the vital and valuable services of the Ward Union Kennels; and if he will make a statement on the matter. [25032/10]

The disposal of fallen animals is subject to EU Regulations, notably Regulation (EC) No 1774 of 2002. These regulations require that animals which die on-farm must generally be disposed of through approved knackeries and rendering plants.

While my Department's contribution to the Fallen Animals Scheme in general ceased with effect from 14th April 2009, I have continued to provide financial support for the collection of certain fallen animals, in particular bovines over 48 months of age, for sampling, as required under the ongoing national TSE surveillance programme. The cost of collection and rendering for animals not covered by the new scheme became a matter for negotiation between the individual collectors/rendering plants and their customers.

My Department is continuing, within the boundaries of legal requirements, to make every effort to facilitate measures to maximise flexibility and enable reduction of costs in the rendering/collection system. This includes allowing cross border trade, permitting direct delivery by farmers to authorised plants and encouraging indigenous use of meat and bone meal (MBM) for energy purposes. Approval conditions have recently been drawn up to facilitate the collection of fallen animals direct from farms by approved rendering plants, including arrangements to provide for TSE testing of these animals where required. Discussions are also ongoing between my Department and farmer and hunt representatives, to consider the feasibility of extending the network of plants authorised to act as knackeries. These measures are designed to help sustain competition in this sector and encourage fair pricing. There are currently 40 knackeries approved by my Department, a list of which is available on the Department's website. In light of the foregoing there are adequate alternative fallen animal collection services available to farmers in the area concerned should this particular service cease.

Grant Payments

James Bannon

Question:

453 Deputy James Bannon asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Longford will be awarded their suckler cow grant for 2009; and if he will make a statement on the matter. [25038/10]

The person named had 11 animals for consideration under the Suckler Welfare Scheme for 2009. Under the Terms and Conditions of the Scheme, meal must be provided to the calves for at least four weeks before they are weaned from their mothers. As this requirement was not complied with, the applicant is not eligible for payment. The applicant has been informed of this decision.

Appointments to State Boards

Martin Ferris

Question:

454 Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food the reason he appointed a person (details supplied) as the new chief executive officer of the Irish National Stud. [25093/10]

The appointment of a person to the position of Chief Executive Officer of the Irish National Stud (INS) Company Limited is a matter for the Board of the INS. The Board of the Irish National Stud Company Limited appointed the Chief Executive Officer of the Company following an open competition process. My Department has no role in the recruitment process. My approval, given with the consent of the Minister for Finance, is required for the payment of remuneration and allowances to the Chief Executive of the Irish National Stud Company Limited.

Garda Investigations

Martin Ferris

Question:

455 Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if his attention has been drawn to a Garda investigation into a person (details supplied) of the Irish National Stud and that a file has gone to the Director of Public Prosecutions, and the Boards’s denial of any case to answer. [25094/10]

My attention has not been drawn to this matter.

Bullying in the Workplace

Martin Ferris

Question:

456 Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if his attention has been drawn to allegations of serious bullying and sexual harassment of an employee of the Irish National Stud by the former chief executive officer of the Irish National Stud Board. [25095/10]

My attention was drawn to certain allegations concerning human resource issues at the Irish National Stud Company Limited. However, the Board in accordance with its remit dealt with these matters, which I understand are now the subject of legal proceedings.

Grant Payments

Niall Collins

Question:

457 Deputy Niall Collins asked the Minister for Agriculture, Fisheries and Food the position regarding an application for grant under the environmental scheme in respect of a person (details supplied) in County Cork. [25200/10]

The person named has submitted an application to join the new Agri-Environment Options Scheme (AEOS). Over 9,000 farmers have applied to join the scheme and all applications submitted must now be administratively checked to ensure that they comply with the scheme conditions. When this process is complete, successful applicants will be notified in writing of the commencement date of their AEOS contracts.

Michael Ring

Question:

458 Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be awarded the 2009 suckler cow welfare scheme payment. [25222/10]

The person named had 22 animals for consideration under the 2009 Suckler Welfare Scheme. Under the Terms and Conditions of the Scheme, animals from herds of more than 10 cows must be weaned in at least two separate groups with at least five days between the weaning of each group. According to information provided by the person named, all of the animals were weaned on the same day. Therefore, under the Terms and Conditions of the Scheme the applicant is not eligible for payment.

Frank Feighan

Question:

459 Deputy Frank Feighan asked the Minister for Agriculture, Fisheries and Food the reason he is refusing to award suckler premium on applications already on hands. [25244/10]

I can confirm that there are no delays in payments under the under the Suckler Welfare Scheme. Payments are issuing on a continuous basis to those participants who have fully complied with the Terms and Conditions of the Scheme. Officials from my Department are in constant contact with farmers where queries have been identified in order to complete the processing of each case.

Frank Feighan

Question:

460 Deputy Frank Feighan asked the Minister for Agriculture, Fisheries and Food if he will ensure that payment will issue in respect of a person (details supplied) in County Roscommon under the suckler premium scheme. [25245/10]

The person named applied for 19 animals in 2009 under the Suckler Welfare Scheme. Under the Terms and Conditions of the scheme, for herds of more than 10 cows, the animals must be weaned in at least two separate groups with at least five days between the weaning of each group. Payment cannot issue until all of the animals have been weaned to ensure compliance with this condition.

Direct Payment Schemes

Frank Feighan

Question:

461 Deputy Frank Feighan asked the Minister for Agriculture, Fisheries and Food if he has unilaterally introduced a change in the procedure in relation to the payment of suckler premium whereby all 2009 calves from January 1 to 31 December will have to be submitted before any premium is awarded; if his attention has been drawn to the fact that this would mean that farmers will have to wait 18 months for premia as calves born in the latter part of 2009 will not be weaned until summer and autumn of 2010; and if he will make a statement on the matter. [25246/10]

It is a condition of the Suckler Welfare Scheme that for herds with more than 10 Suckler Cows that the animals must be weaned in at least two separate groups with each group being removed at a minimum interval of five days. This is one of the primary conditions of the Scheme. Payment cannot issue, therefore, for these herds until all of the animals have been weaned and have been found to comply with all of the Terms and Conditions of the Scheme.

Fishing Fleet Modernisation

Michael Creed

Question:

462 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if he will clarify the position regarding the operation of the decommissioning scheme as it applies to the fisheries sector; the obligations on approved applicants under the scheme regarding the actual decommissioning of the vessels and if this has to be financed by the applicant from the compensation package offered; and if he will make a statement on the matter. [25262/10]

The most recent decommissioning of fishing vessels scheme was administered by An Bord Iascaigh Mhara (BIM) and the closing date for applications was 30th April 2008, with monies paid out in two tranches in 2008 and 2009. There are no specific plans for a new decommissioning scheme, at this stage.

In respect of the actual decommissioning of vessels, the obligations on approved applicants under the 2008 Whitefish Decommissioning Scheme were set out in section 38 of the published brochure accompanying the scheme, as follows:

"Successful applicants, who have accepted an offer of grant aid and received payment of 50% of the total grant aid, must permanently dispose of/scrap the vessel in a manner agreed with the implementing authority.

In every case:

The applicant must receive written approval of their proposed method of scrapping and the disposal of the residue of such scrapping.

The applicant must notify BIM, in writing, of the intended date and place of scrapping at least 21 calendar days prior to the scrapping of the vessel.

The vessel must be disposed of/scrapped and the residue disposed of in conformity with the method proposed by the applicant and approved by BIM (details of the yards currently registered with BIM can be had by contacting BIM).

The applicant must furnish a declaration, signed by an officer authorised by BIM, that the vessel has been scrapped in accordance with the terms and conditions set out in the letter of offer issued in respect of this scheme."

In respect of the cost (financing) of decommissioning, the obligations on approved applicants under the 2008 Whitefish Decommissioning Scheme was set out in section 40 of the published brochure accompanying the scheme, as follows:

"All costs associated with the scrapping of vessels and the disposal of the residue of such scrapping shall be borne by the applicant or their agents."

Agri-Environment Option Scheme

Joe Carey

Question:

463 Deputy Joe Carey asked the Minister for Agriculture, Fisheries and Food the number of applications for the agri-environment option scheme; and if he will make a statement on the matter. [25293/10]

Some 9,060 applications for the new Agri-Environment Options Scheme (AEOS) were received in my Department by the closing date of 17 May 2010.

Joe Carey

Question:

464 Deputy Joe Carey asked the Minister for Agriculture, Fisheries and Food the expected cost for 2010-2011 of the agri-environment option scheme following the recent closing date; and if he will make a statement on the matter. [25294/10]

Some 9,060 applications to join the new Agri-Environment Options Scheme (AEOS) have been received in my Department. It is not possible to estimate the expected cost for 2010–2011 until each application is assessed for eligibility and each payment is computed. This work is now under way.

I am satisfied, however, that the financial provision in place is sufficient to service all applications found to be eligible.

Joe Carey

Question:

465 Deputy Joe Carey asked the Minister for Agriculture, Fisheries and Food the rationale for the once-a-year application date for the agri-environment option scheme; and if he will make a statement on the matter. [25295/10]

The date for receipt of applications under the Agri-Environment Options Scheme is fixed by the European Commission Regulations governing all EU-funded areas-based schemes, and my Department has no discretion in the matter.

Pat Breen

Question:

466 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food his plans to accommodate REP scheme participants whose contracts are due to expire between now and the end of April 2011; and if he will make a statement on the matter. [25324/10]

The new Agri-Environment Options Scheme which I launched on 30 March was open to those farmers who finished their contracts in REPS 3 on or before 30 April 2010 as well as to new entrants. The Scheme has proved very popular, with over 9,000 applications received by my Department by the closing date of 17 May. This uptake means that all EU funds available for agri-environment measures will be fully utilised, and that any further entrants to the Scheme would have to be funded entirely from the Exchequer.

Grant Payments

Pat Breen

Question:

467 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food the number of REP scheme participants who made an application prior to the closing date for SFP in May 2009 that are still awaiting first year payment; and if he will make a statement on the matter. [25326/10]

There were 16,846 applications received up to 15 May 2009, and of these 14,690 have received their payments for 2009. All outstanding cases are being dealt with, and where possible have been brought to payment stage. Those with queries, or those rejected, were referred back to the applicants. An opportunity was given to applicants whose plans had been rejected on certain grounds to submit adjusted plans by this year's closing date of 17 May, and these are currently being examined.

Farm Incomes

Pat Breen

Question:

468 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food the measures he will introduce to assist farmers whose incomes have fallen significantly over the past two years; and if he will make a statement on the matter. [25343/10]

2008 and 2009 were difficult years in terms of farm incomes. The National Farm Survey 2009 reports a decline of 30% in family farm income following a fall of approximately 14% in 2008. In 2009, the decline in income was mainly a result of a decline in output prices, particularly in the dairy sector, while in 2008 the decline was mainly a result of rising input costs. Market support measures taken at EU level, which I had pressed strongly for, assisted in stabilising dairy prices in 2009, albeit initially at very low levels. Since then prices have recovered significantly.

The level of public support for the agri-food sector remains very substantial, with direct payments, which amounted to approximately €2 billion on aggregate, accounting for 143% of average family farm income in 2009. The high proportion of direct payments being used to cover production costs indicates the importance of managing costs as efficiently as possible. It is also important to take account of likely volatility when making production decisions. Of the €2 billion spent on direct payments to farmers in 2009, €1.3 billion was spent on the Single Payment Scheme, €338 million under REPS and €223 billion on less favoured areas. This is a very substantial level of public support which will be largely maintained in 2010.

It should also be borne in mind that a large proportion of farm households have income from other sources be it employment, pensions, social assistance or other income. For farm households that find themselves in income difficulties, the Farm Assist Scheme, which is administered by the Department of Social and Family Affairs, is a specially targeted measure that is available to assist them.

Grant Payments

Enda Kenny

Question:

469 Deputy Enda Kenny asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be awarded REP scheme three payment; and if he will make a statement on the matter. [25360/10]

The REPS 4 payment belonging to the person named could not be processed because an issue had to be resolved that related to his Single Payment application. My officials hope to resolve this issue shortly and the REPS payment will then be processed immediately.

Cabinet Committees

Michael Creed

Question:

470 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if a Cabinet sub-committee for the food and beverage sector still exists; the persons who sit on this committee; the amount of times same has sat since 2007. [25488/10]

As provided for in the Programme for Government a high level interdepartmental group was established to discuss cross cutting issues affecting the food industry. The group met twice. Membership comprised my Department, and the Departments of Finance, Foreign Affairs, Communications, Health and Children, Enterprise Trade and Innovation and Environment and Local Government. A number of issues of cross departmental nature were discussed including CAP/WTO, energy costs, waste management, retail margins, regulation and market access.

These issues have since been addressed by the Cabinet Committee on Economic Renewal, which has met 16 times since it was established in September 2008. The role of the Committee is to bring a new focus to the key policies and programmes necessary to ensure an appropriate and cohesive response to the scale of the challenges facing our economy. This includes overseeing development and implementation of the Government's Smart Economy framework for sustainable economic renewal which identifies the food sector as an important contributor to economic recovery.

Departmental Bodies

Michael Creed

Question:

471 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if he has approved auditors for the Irish National Stud; and if he will make a statement on the matter. [25511/10]

Having first obtained the consent of the Minister for Finance my Department approved the decision of the Board of Directors of the Irish National Stud Company Limited to appoint auditors to the Company.

Single Payment Scheme

John Cregan

Question:

472 Deputy John Cregan asked the Minister for Agriculture, Fisheries and Food when approval will issue in respect of a person (details supplied) in County Limerick who has sold their single farm payment entitlement and is at present awaiting payment for same. [25573/10]

Applications were received on 17 May 2010 requesting the transfer of two sets of entitlements, consisting of 14 entitlements and 14.65 entitlements respectively from the person named to two other farmers. The closing date for receipt of such applications was the 17 May 2010. All applications received are currently being processed and notifications will issue to all parties as soon as processing is completed.

Crop Losses

John Cregan

Question:

473 Deputy John Cregan asked the Minister for Agriculture, Fisheries and Food if he will confirm that the calculation of payments for the lost crops compensation scheme is 80% of the financial loss minus 50%, therefore 40% made payable to the applicant or 50% of 40%, therefore 20% payable plus a sliding scale; and when he expects payments to issue. [25574/10]

Following a preliminary assessment by my officials of the crop losses caused by the severe frost in January 2010, I announced, on 3 February 2010, the introduction of a limited scheme of financial assistance for certain potato and vegetable growers who could demonstrate that they had suffered significant losses of their produce due to the severe frost. As provided under EU Commission Regulation (EC) No. 1857/2006 on State Aid rules, the maximum aid payable to growers must not exceed 80% and 90% in less favoured areas. I have decided to apply the 80% level of assistance across the country.

In addition, a further provision of the same Regulation requires that aid offered must be reduced by 50% with effect from 1 January 2010, unless farmers have taken out crop insurance. Therefore, for the vast majority of cases under the Frost Damage Scheme, a 40% aid level will apply. Furthermore, as the level of claims submitted to my Department under the Scheme is so substantial, I have been obliged to apply a sliding scale reduction to the payments. The rate of the sliding scale is in the process of being finalised. Payments will issue shortly to those growers whose claims have been fully processed and approved for payment.

Grant Payments

Paul Connaughton

Question:

474 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Galway was not awarded their full single farm payment in 2008 in view of the fact that they were paid in full for the single farm payment in 2005, 2006, 2007 and 2009; and if he will make a statement on the matter. [25678/10]

It is one of the primary requirements of the EU Regulations governing the Single Payment Scheme that in order for a farmer to receive full payment under the Scheme it is necessary that an eligible hectare of land be declared by the applicant for each payment entitlement held. A 2008 Single Payment Scheme application was received from the person named on 15th May 2008 declaring 22.74 hectares of eligible land, which was a reduction on the amount of eligible land declared on the 2005, 2006 & 2007 Single Payment Scheme applications. Under the provisions of the Scheme, payment in 2008 was based on the amount of eligible land declared by the person named. The person named applied to consolidate his entitlements in 2009 in accordance with the provisions of Article 7 of Commission Regulation (EC) No 795/2004. This application was successful and the applicant received payment on the new higher value consolidated entitlements for this scheme year based on the eligible land declared.

Animal Diseases

Paul Connaughton

Question:

475 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food if recent changes to TB testing mean that animals that are going for slaughter need not be tested within a 12 month period; if there are any exceptions to this rule; and if he will make a statement on the matter. [25682/10]

I recently introduced changes to the TB testing rules for cattle going direct to slaughter. Previously, where animals that had not been tested within the previous 12 months were presented for slaughter, they were returned to the holding which was then usually restricted. As a result of the revised arrangement, such cattle will now be accepted by slaughter plants.

However, I must emphasise that allowing the animals not tested within the previous 12 months to be accepted for slaughter does not mean that there has been a change to the requirement that each herd, comprising all the animals therein, must be tested within each 12 month period. Therefore, in order to ensure that herdowners comply with the annual testing requirements and to protect herds which trade with keepers that have allowed animals to go out of test, my decision to permit out of test animals to be slaughtered also provided for measures to be taken by the District Veterinary Offices in respect of the herds which send out of test cattle to slaughter. These measures include trade restriction, where appropriate, depending on the proportion of the herd that is out of test, whether the herd itself has been tested within the previous 12 months and the length of time an animal is out of test in a herd.

With regard to exceptions to the new arrangements, there may be instances where a District Veterinary Office refuses permission to a herdkeeper to send out of test animals to slaughter. An example of this would be where a holding is restricted for both inward and outward movement, including to slaughter, where the herdkeeper has refused to test his herd within 12 months. Sending out of test animals to slaughter without Department permission in such instances would constitute a breach of the TB legislation and could result in prosecution.

Departmental Programmes

Bernard J. Durkan

Question:

476 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Education and Skills the extent to which she has provided for or intends to provide for the utilisation of the skills of persons who have recently become unemployed, with particular reference to ensuring that such skills are not lost to the workforce; and if she will make a statement on the matter. [24795/10]

To ensure individuals continue to utilise the skills gained from training, education or previous employment the Government introduced the Work Placement Programme. Under this programme individuals can gain valuable work experience for periods of up to nine months, thereby ensuring that they use the skills they have developed and they maintain close links with the labour market. The Work Placement Programme is available to individuals of all skill levels including graduates and participants may retain their social welfare entitlements subject to the normal social welfare rules applying.

The Community Employment Scheme is an employment and training programme, which helps long-term unemployed people to re-enter the active workforce by breaking their experience of unemployment through a return to work routine. The programme enables individuals to use and enhance both their technical and personal skills, which can then be used in the workplace. In the last Budget, the Government increased the number of Community Employment places by 500, bringing the total number of places on the scheme to 23,300.

There is also a range of part-time and full-time further and higher education programmes being provided by universities, Institutes of Technology, Vocational Education Committees and FÁS which enable participants to upskill and reskill to help them succeed in a knowledge based economy. The increase in demand for education opportunities can clearly be seen in the significant increase in the number of Back to Education Allowance recipients, up to over 18,000, many of whom are participating in further and higher education programmes.

In addition to these measures, the Government have introduced the Employer Jobs (PRSI) Incentive Scheme. Under this scheme where an employer creates a new job and takes on a person who has been unemployed for 6 months or more, the employer will be fully exempted from the liability to pay PRSI for the first year of that employment. The Government will continue to do all in its power to create the environment for new job opportunities and provide the necessary supports and assistance to enable those who are unemployed utilise and develop their skills, which will improve their chances of securing a job in the future.

EU Funding

Enda Kenny

Question:

477 Deputy Enda Kenny asked the Tánaiste and Minister for Education and Skills if an application has been lodged on her behalf for assistance from the EU Globalisation Fund arising from the requirement for upskilling and retraining of workers employed at a firm (details supplied); and if she will make a statement on the matter. [25356/10]

The Government is considering the potential of all relevant EU funding programmes, including the European Globalisation Adjustment Fund (EGF), to assist workers affected by the Quinn Group redundancies. Strict criteria apply to the making of application for co-financing assistance under the EGF Regulation. These include the requirement that at least 500 redundancies in a single enterprise have occurred within a four months reference period. It is not yet clear whether the redundancies related to the Quinn Group will meet this requirement. Therefore, to date no application for funding has yet been made. This situation will be kept under review.

FÁS Training Programmes

Pat Breen

Question:

478 Deputy Pat Breen asked the Tánaiste and Minister for Education and Skills the position regarding an application in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [25510/10]

As Tánaiste and Minister for Education and Skills I do not have a role in the administration of individual cases. The administration of individual cases is a day-to-day matter for FÁS as part of its responsibility under the Labour Services Act 1987.

Community Employment Schemes

Michael Noonan

Question:

479 Deputy Michael Noonan asked the Tánaiste and Minister for Education and Skills the reason a person (details supplied) in County Limerick, who has been included on a FÁS scheme for the past 20 months, cannot take up a position on a community employment scheme unless they have one week’s social welfare payment despite the fact that their time spent on the FÁS course will be taken into account; and if she will make a statement on the matter. [25655/10]

As Tánaiste and Minister for Education and Skills I do not have a role in the administration of individual cases. The administration of individual cases is a day-to-day matter for FÁS as part of its responsibility under the Labour Services Act 1987.

Schools Building Projects

Noel Coonan

Question:

480 Deputy Noel J. Coonan asked the Tánaiste and Minister for Education and Skills the position regarding additional accommodation in respect of a school (details supplied) in County Tipperary; when the project will proceed to the next stage and be completed; and if she will make a statement on the matter. [25033/10]

The project to which the Deputy refers was tendered recently. However an issue has arisen with regard to the soil at this school and following consultations with the Local Authority, it was agreed that an Interpretative Report on the soil classification should be completed. It is anticipated that the project will progress to construction towards the end of 2010.

Teaching Qualifications

Ruairí Quinn

Question:

481 Deputy Ruairí Quinn asked the Tánaiste and Minister for Education and Skills if a person with a teaching qualification from a university (details supplied) is unable to register with the Teaching Council here; the reason graduates of this university are unable to register as teachers; and her plans to resolve this difficulty. [25071/10]

As the Deputy is aware, the recognition of teacher qualifications in this State is now a matter for the Teaching Council, the body with statutory responsibility for establishing and maintaining standards in the teaching profession.

The Teaching Council is also the designated competent authority for the recognition and assessment of qualifications and registration of teachers at Primary and Post — Primary levels under European Union legislation.

The Teaching Council has a statutory responsibility to cooperate with its equivalent organisation in the Northern Ireland (the General Teaching Council for Northern Ireland (GTCNI)) and there is ongoing communication between the two Councils.

In order to be eligible to be registered as a teacher in this State, applicants must hold qualifications recognised for registration purposes by the Teaching Council. Where qualifications are awarded outside of the State and are not automatically recognised by the Teaching Council, applicants are required to undergo an assessment of their qualifications to determine if they meet the Council's registration requirements.

Teachers who are registered in Northern Ireland are eligible for registration with the Teaching Council in this State. However, there are distinct differences in the forms of registration granted by the respective Teaching Councils in that the registration granted by the Teaching Council in Ireland is specific to the educational sector and to the curricular subjects at post-primary level. The assessment of qualifications carried out by the Teaching Council in Ireland allows the Council to ensure that the registration granted corresponds to the qualifications of the teacher.

My Department understands that the Teaching Council intends to meet with the General Teaching Council for Northern Ireland to further discuss the area of cross-border recognition of qualifications.

Preschool Services

Finian McGrath

Question:

482 Deputy Finian McGrath asked the Tánaiste and Minister for Education and Skills if she will support the case of a person (details supplied). [25089/10]

Finian McGrath

Question:

483 Deputy Finian McGrath asked the Tánaiste and Minister for Education and Skills if she will support a matter (details supplied). [25090/10]

Finian McGrath

Question:

488 Deputy Finian McGrath asked the Tánaiste and Minister for Education and Skills if he will support a matter (details supplied). [25148/10]

I propose to take Questions Nos. 482, 483 and 488 together.

Early Start units were set up in the mid 1990s to provide a year's pre-school education for children at risk of educational disadvantage. The Early Start unit in Kilmore West Dublin 5 is a full unit which runs two sessions daily and can enrol up to 30 children on each session. For the 2010/2011 school year, the Early Start programme was underscribed with fewer than 30 children enrolled. The programme was undersubscribed by over 50% and was no longer considered viable as a full unit. The Early Start programme, will however, continue to operate as a half unit for the 2010/2011 school year and will have more than enough places for the number of children who are enrolled in the programme.

Full Early Start Units are staffed by two teachers and two childcare workers. As the Early Start Unit in Kilmore West is no longer viable as a full unit, a redundancy issue has arisen for one of the two childcare workers. The redundancy and pension entitlement for childcare workers will be in line with the terms and conditions of employment for childcare workers in Early Start units in schools.

Teaching Qualifications

Billy Timmins

Question:

484 Deputy Billy Timmins asked the Tánaiste and Minister for Education and Skills the position regarding a matter (details supplied); and if she will make a statement on the matter. [25107/10]

As the Deputy may be aware, the recognition of teacher qualifications is now a matter for the Teaching Council, the body with responsibility for establishing and maintaining standards in the teaching profession.

The position in relation to the matter raised by the Deputy is that any person who was on a career break prior to, or at the time of, establishment of the Teaching Council was recognised as a teacher (by the DES or by a VEC under a Circular Letter). These persons will continue to meet the qualifications requirements for registration with the Teaching Council. A provision to this effect has been included in each of the Teaching Council's 2009 Registration Regulations.

However, all such teachers now seeking registration under 31(5) of the Teaching Council Act, 2001 must meet the Evidence of Character (including Garda Vetting) and Proof of Identity requirements that have been set by the Council.

Schools Building Projects

Paul Kehoe

Question:

485 Deputy Paul Kehoe asked the Tánaiste and Minister for Education and Skills the position regarding the new building for a school (details supplied); and if she will make a statement on the matter. [25115/10]

I am pleased to inform the Deputy that the project to which he refers was included in the most recent bundle of eleven school projects advertised on the Government's etenders web-site for the appointment of design teams. The pre-qualification stage of this process, which is carried out by my Department on behalf of the schools, is almost complete.

Representatives from the Board of Management of this school recently attended a briefing given by my Department to explain the tendering process and the steps involved.

The schedules of accommodation are currently being finalised with the school and recent correspondence from the school is being considered in this context. Once the schedules have been finalised, the next step will be for the Board of Management of the school to tender to the pre-qualified panels of consultants for selection and appointment of a design team.

Special Educational Needs

Bernard J. Durkan

Question:

486 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Education and Skills the full extent of support services available to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [25140/10]

The Deputy will be aware of the Government's commitment to ensuring that all children with special educational needs, including those with autism, can have access to an education appropriate to their needs preferably in school settings through the primary and post primary school network and a school placement is available for the child in question.

Such placements facilitate access to individualised education programmes which may draw from a range of appropriate educational interventions, fully qualified professional teachers, special needs assistants and the appropriate school curriculum.

My Department has put in place a training programme for teachers in autism-specific interventions including Treatment and Education of Autistic Communication Handicapped Children (TEACCH), Picture Exchange Communications System (PECS) and Applied Behaviour Analysis (ABA) through the Special Education Support Service (SESS). The SESS facilitates a partnership approach involving support teams of practising teachers, Education Centres, the Inspectorate, the National Educational Psychological Service, the National Council for Curriculum and Assessment, the National Council for Special Education, Third Level Colleges, Health Board Personnel, Teacher Unions and other relevant bodies and services.

The Deputy will also be aware that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENO) for allocating resource teachers and special needs assistants to schools to support students with autism. The SENO will also consider applications from schools to establish special classes for students with autism.

Another function of the NCSE is to disseminate to schools and parents, and such other persons as the NCSE considers appropriate, information relating to best practice concerning the education of children with special educational needs.

All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

The establishment of a network of autism-specific special classes in schools across the country to cater for children with autism has been a key educational priority in recent years. In excess of 390 classes have now been approved around the country, including over 40 at post-primary level.

Pat Breen

Question:

487 Deputy Pat Breen asked the Tánaiste and Minister for Education and Skills further to Parliamentary Questions Nos. 613 of 26 January 2010 and 441 of 25 May 2010, if he will report on the number of special needs assistants employed in schools in County Clare as of the 31 May 2010; and if she will make a statement on the matter. [25145/10]

The information in relation to the number of Special Needs Assistants is produced at specified time intervals by my Department. The next specified time interval is 30th June. I will arrange for officials in my Department to forward the requested details to the Deputy once the information is available after that date.

As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating Special Needs Assistants to primary and post primary schools to support children with special educational needs. The NCSE operates within my Department's criteria in allocating such support.

Question No. 488 answered with Question No. 482.

Schools Building Projects

Michael Creed

Question:

489 Deputy Michael Creed asked the Tánaiste and Minister for Education and Skills the position regarding a proposed new school or school extension at a location (details supplied) in County Cork; and if she will make a statement on the matter. [25187/10]

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned a band 2.4 rating.

Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, is now available on my Department's website at www.education.ie.

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

School Accommodation

Seán Ó Fearghaíl

Question:

490 Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Education and Skills if she has received an application for additional accommodation by a school (details supplied) in County Kildare; if she will indicate the nature of the accommodation sought; when she will issue approval for this accommodation; and if she will make a statement on the matter. [25194/10]

I can confirm that the school to which the Deputy refers recently applied to my Department to build extra accommodation. The nature and extent of the accommodation needed has not been identified in the school's application and this matter will be pursued with the school authority as part of the assessment process.

A decision will be taken on the matter when all of the relevant information has been supplied by the school authority.

School Provision

Pádraic McCormack

Question:

491 Deputy Pádraic McCormack asked the Tánaiste and Minister for Education and Skills the position regarding the provision of a second level school for Claregalway, County Galway in view of the fact that there is no room for second level pupils in schools in surrounding areas. [25243/10]

The Forward Planning Section of my Department has carried out a study of the country to identify the areas where, due to demographic changes, there may be a requirement for significant additional school provision at both primary and post-primary levels over the coming years. This study has been conducted using data from the Central Statistics Office, the General Register Office and the Department of Social Protection with reference to recent schools' enrolment data. The study indicates that the requirement for additional primary provision in the coming years is likely to be greatest in more than 40 identified locations across the country based on significant changes to the demographics of those areas. The Galway City Catchment area (which includes Claregalway) is included in these initial identified areas.

Forward Planning Section is in the process of carrying out detailed analysis and reports for each of these locations in order to identify the school accommodation requirements for each area up to and including the school year 2014/2015. Given the increase in the birth rate in recent years the initial focus of this analysis is on primary school accommodation requirements and this will be followed by a more detailed analysis of post-primary accommodation requirements. A Report on primary needs has been completed for the Galway City Catchment area (which includes Claregalway). When the required reports have been completed for all the initial identified areas Forward Planning Section will continue to work on preparing reports on a priority basis for the remainder of the country. Overall school accommodation requirements in Claregalway, including the case for the provision of a new post-primary school, will be analysed as part of this process.

In addition to this detailed analysis of accommodation needs currently being carried out by Forward Planning Section, the Department is also currently examining 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.

Departmental Expenditure

Brian Hayes

Question:

492 Deputy Brian Hayes asked the Tánaiste and Minister for Education and Skills in the first six months of this year the amount of the capital budget for schools that has been spent to date; and if she will make a statement on the matter. [25254/10]

To the close of business on Friday 11 June, a total of €101.236 million of this year's capital allocation of €578.8m for the primary and post-primary sectors has issued from my Department under the school building and modernisation programme. By the end of June expenditure is expected to reach €120m for the first six months of the year. This expenditure level is on target with the anticipated expenditure predicted to this stage of the year.

Schools Building Projects

Brian Hayes

Question:

493 Deputy Brian Hayes asked the Tánaiste and Minister for Education and Skills of the 78 school projects announced as commencing construction in 2009, the number that are built; the number at construction stage; the number still to commence construction; and if she will make a statement on the matter. [25255/10]

The current position with regard to the 78 projects referred to by the Deputy is as follows:

14 projects have been completed and handed over

35 projects are currently under construction

21 projects are at tender stage

8 projects are at pre-tender stage

I expect the 21 projects currently at tender stage to progress to construction in 2010. The 8 projects currently at pre-tender stage will proceed to tender and construction as soon as possible.

Brian Hayes

Question:

494 Deputy Brian Hayes asked the Tánaiste and Minister for Education and Skills the number of primary schools that were built in each year over the past five years; the relevant information for major school extensions or refurbishments over the same period on a year-by-year basis; and if she will make a statement on the matter. [25256/10]

During the five year period 2005 to 2009 a total of 100 new primary schools were constructed and during the same period a total of 159 large scale primary school extensions/refurbishments were completed. The completions on an individual year basis are as follows:

2009 — 20 new schools and 6 extensions/refurbishments;

2008 — 48 new schools and 29 extensions/refurbishments;

2007 — 12 new schools and 25 extensions/refurbishments;

2006 — 8 new schools and 34 extensions/refurbishments;

2005 — 12 new schools and 65 extensions/refurbishments.

School Accommodation

Brian Hayes

Question:

495 Deputy Brian Hayes asked the Tánaiste and Minister for Education and Skills the number of permanent classrooms delivered to schools in each year over the past five years as part of the schools building programme; and if she will make a statement on the matter. [25257/10]

The total number of permanent classrooms delivered in the primary sector over the past five years is as follows:

2009 — 614 permanent classrooms;

2008 — 1,000 permanent classrooms;

2007 — 493 permanent classrooms;

2006 — 424 permanent classrooms;

2005 — 397 permanent classrooms.

Schools Building Projects

Damien English

Question:

496 Deputy Damien English asked the Tánaiste and Minister for Education and Skills the position regarding the provision of a new school on a greenfield site for a school (details supplied) in County Meath; when construction is due to commence; and if she will make a statement on the matter. [25269/10]

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned a band 2 rating.

Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, is now available on my Department's website at www.education.ie.

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department's website.

The progression of all large scale building projects, including the project for the school in question, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Disadvantaged Status

Brian Hayes

Question:

497 Deputy Brian Hayes asked the Tánaiste and Minister for Education and Skills the percentage of children in DEIS areas that actually go to DEIS schools; if there is any truth in the suggestion that up to 50% of children in disadvantaged areas do not attend local DEIS primary schools and if information exists at the post primary level; and if she will make a statement on the matter. [25285/10]

The process of identifying schools for participation in DEIS, was managed by the Educational Research Centre on behalf of the Department of Education & Science and supported by quality assurance work co-ordinated through the Department's Regional Offices and the Inspectorate. The ERC's overall approach was guided by the definition of educational disadvantage set out in the Education Act (1998), as: "...the impediments to education arising from social or economic disadvantage which prevent students from deriving appropriate benefit from education in schools".

The identification process was devised by the ERC and had regard to and employed the existing and most appropriate data sources available.

While the variables selected are, either individually or taken together, reasonable indicators of social disadvantage, it is when they present in high concentrations that they best predict educational disadvantage. This is commonly referred to as the ‘social context'.

The evidence from research, which underpinned the 2005 identification process, underlines the relevance of the social context of disadvantage. The research strongly supports the view that educational disadvantage will occur, to the extent that supplementary supports will be necessary, in schools and school communities where socio economic disadvantage is most concentrated.

The majority of Irish schools will include among their enrolments a number of children who exhibit one or a number of ‘disadvantage' characteristics. In most cases the school will be equipped to meet the individual needs of these children from within existing resources. Evidence has shown that disadvantage associated with poverty and social exclusion assumes a multiplier effect where the levels are highly concentrated in schools.

DEIS supports and measures are designed to address the needs of schools who require significant additional resources to supplement and support the mainstream teachers where the enrolment consists of a high percentage of children from disadvantaged backgrounds. This approach is in line with the broad thrust of the recommendations of the Comptroller and Auditor General which are set out in his report on Primary Disadvantage of 2006, which recommended that the Department focus its educational disadvantage measures on those schools serving the most disadvantaged communities.

The finding that up to 50% of children in disadvantaged areas do not attend local DEIS primary schools was made in the ESRI Report ‘Investing in Education: Combating Educational Disadvantage' published in May 2009. The finding is a simple finding of fact and is not in dispute. The finding however does not lend itself to the conclusion that such children are further disadvantaged by not attending DEIS schools. In fact the ESRI report contained a range of views on this point including the view that schools with low levels of disadvantage have the capacity within universal supports to address the needs of disadvantaged students. It is important to note that only some 22% of schools (primary and post primary) are included in DEIS. The fact that 50% of disadvantaged students are enrolled in 22% of schools and a further 50% of disadvantaged students are dispersed throughout the remaining 78% of schools is a strong indication that DEIS is targeting the schools most in need of support.

School Curriculum

Bernard J. Durkan

Question:

498 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Education and Skills the statutory and-or non-statutory provisions that are in place to protect different religious and-or non-religious denominations constitutional rights of a child to attend any school in receipt of public funding without attending religious instruction and, by inference, religious prayers at such a school; and if she will make a statement on the matter. [25341/10]

Under Section 30 of the Education Act (1998), no student can be required to attend instruction in any subject which is contrary to the conscience of the parent of the student.

The position regarding Religious Instruction in Primary Schools is also contained in rules 68 and 69 of the Rules for National schools. These rules state, inter alia, that:

No pupil shall receive, or be present at, any religious instruction of which his parents or guardians disapprove.

The periods of formal religious instruction shall be fixed so as to facilitate the withdrawal of pupils where above applies

Where such religious instruction as their parents or guardians approve is not provided in the school for any section of the pupils, such pupils must, should their parents or guardians so desire, be allowed to absent themselves from school, at reasonable times, for the purpose of receiving that instruction elsewhere.

Special Educational Needs

Bernard J. Durkan

Question:

499 Deputy Bernard J. Durkan asked the Tánaiste and Minister for Education and Skills the position regarding an application for a special needs assistant in respect of a person (details supplied) in Dublin 16; and if she will make a statement on the matter. [25342/10]

As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and special needs assistants to schools to support children with special needs. The NCSE operates within my Department's criteria in allocating such support.

I have arranged for the details supplied to be forwarded to the NCSE for their attention and direct reply.

All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

EU Funding

Brian O'Shea

Question:

500 Deputy Brian O’Shea asked the Tánaiste and Minister for Education and Skills if she will address the concerns of a person (details supplied) in County Waterford in regard to the Waterford Crystal European Globalisation Adjustment Fund application; and if she will make a statement on the matter. [25354/10]

John Deasy

Question:

505 Deputy John Deasy asked the Tánaiste and Minister for Education and Skills when a co-ordinating agency will be appointed to manage the European Globalisation Adjustment Fund funding in respect of former Waterford Crystal workers; when the dispersal of such funding will commence; the application process for individuals applying for such funding; and if she will make a statement on the matter. [25556/10]

I propose to take Questions Nos. 500 and 505 together.

I refer to the reply to Question Reference No. 24632 of 9th June 2010.

FÁS met with workers representatives on 11th June to inform them of the EGF situation to date. The Department is actively taking steps to identify a suitable EGF services coordinator and to establish a Steering Committee, to include workers representatives, with a view to such a Committee meeting later this month. In the interim FÁS continues to coordinate relevant EGF related measures locally.

Schools Building Projects

Arthur Morgan

Question:

501 Deputy Arthur Morgan asked the Tánaiste and Minister for Education and Skills if there are any plans for a new secondary school in Navan County Meath; and if she will make a statement on the matter. [25471/10]

Arthur Morgan

Question:

502 Deputy Arthur Morgan asked the Tánaiste and Minister for Education and Skills if Navan town has been identified as being in need of a new secondary school; and if she will make a statement on the matter. [25472/10]

I propose to take Questions Nos. 501 and 502 together.

The Forward Planning Section of my Department has carried out a study of the country to identify the areas where, due to demographic changes, there may be a requirement for significant additional school provision at both primary and post-primary levels over the coming years. This study has been conducted using data from the Central Statistics Office, the General Register Office and the Department of Social Protection with reference to recent schools' enrolment data. The study indicates that the requirement for additional primary provision in the coming years is likely to be greatest in more than 40 identified locations across the country based on significant changes to the demographics of those areas. The Navan area is included in these initial identified areas.

Forward Planning Section is in the process of carrying out detailed analysis and reports for each of these locations in order to identify the school accommodation requirements for each area up to and including the school year 2014/2015. Given the increase in the birth rate in recent years the initial focus of this analysis is on primary school accommodation requirements and this will be followed by a more detailed analysis of post-primary accommodation requirements. A Report on primary needs has been completed for the Navan Catchment area. When the required reports have been completed for all the initial identified areas Forward Planning Section will continue to work on preparing reports on a priority basis for the remainder of the country. Overall school accommodation requirements in Navan, including the case for the provision of a new post-primary school, will be analysed as part of this process.

In addition to this detailed analysis of accommodation needs currently being carried out by Forward Planning Section, the Department is also currently examining 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.

Disadvantaged Status

Pat Rabbitte

Question:

503 Deputy Pat Rabbitte asked the Tánaiste and Minister for Education and Skills if her attention has been drawn to the essential work being completed by the Demonstration Library Project in 30 schools with the highest concentration of disadvantage; if the future of the programme is assured; and if she will make a statement on the matter. [25476/10]

Under the terms of the DEIS Action Plan, a commitment was made to extend the Junior Certificate School Programme (JCSP) Demonstration Library Project to the 50 School Support Programme (SSP) schools with the highest concentrations of disadvantage over the five years to 2010, with extension to further SSP schools to be considered subsequently.

To date, the Project has been extended to 20 of the targeted 50 additional SSP schools, bringing the current number of schools with a Demonstration Library to 30.

The project establishes high quality, fully stocked and equipped modern school libraries and provides each with a professional librarian. A number of studies have noted that the project is effective in addressing the literacy needs of students in schools with the highest concentration of disadvantage in particular it has been noted that reading standards, student concentration and behaviour had improved.

Library staff, like other public servants in the Education Sector, other than teachers and SNAs, are subject to the public sector recruitment moratorium.

Exemptions from the moratorium are, in the context of the public finances, a matter for serious deliberation. However, I am pleased to say, that having regard to the factors discussed above, it has been decided to retain the library staff for the coming school year.

Higher Education Grants

Joe McHugh

Question:

504 Deputy Joe McHugh asked the Tánaiste and Minister for Education and Skills the reason she does not provide supports to part-time students at a third level facility (details supplied); if any financial supports will be available to students who take the course for the next academic year; and if she will make a statement on the matter. [25538/10]

The Higher Education Grants Scheme operates under the Local Authorities (Higher Education Grants) Acts, 1968 to 1992. Under the scheme, an approved course is defined as a full-time undergraduate course of at least two years duration or a full-time postgraduate course of not less than one year duration pursued in an approved institution. There are no plans at present to extend the scope of the student support schemes to part-time courses.

However, Section 473A, Taxes Consolidation Act, 1997 provides for tax relief, at the standard rate of tax, for tuition fees paid in respect of approved full-time or part-time courses in both private and publicly funded third level colleges and universities in the State and any other EU Member State. Further details and conditions in relation to this tax relief are available from the Revenue Commissioners.

Question No. 505 answered with Question No. 500.

Course Accreditation

John Deasy

Question:

506 Deputy John Deasy asked the Tánaiste and Minister for Education and Skills her views on the withdrawal of accreditation by the Psychological Society of Ireland of a BA in behavioural science, psychology, course in a college (details supplied) in Dublin 2 in September 2009; if her attention has been drawn to this fact that when this course was included as a CAO option in 2009; her advice to students who paid substantial fees to undertake this course; and if she will make a statement on the matter. [25557/10]

The accreditation by professional bodies, such as the Psychological Society of Ireland (PSI), of awards made by higher education institutions is not something which would be brought to my attention as a matter of course, and therefore I was not aware of the withdrawal of accreditation referred to in the question. However, officials in my Department have looked into this matter and I note that the PSI has agreed to extend accreditation of this course to November of this year.

I would also point out that the college in question was recently the subject of an Institutional Review carried out by HETAC, and the report published following this review made recommendations on this issue. Firstly, it was recommended that the college follow up on the process of renewing PSI accreditation for its programme expeditiously in order to clarify the position for students and other stakeholders. In addition, it was recommended that the college's marketing documentation and website make clear that continued accreditation is subject to confirmation by PSI. I understand that the college is addressing these issues.

The CAO is a private (not-for-profit) company and receives no State funding. The higher education institutions have delegated to the CAO the task of processing centrally applications for admission to their first year undergraduate courses. Neither my Department nor the Higher Education Authority has any role to play in relation to the operation of the CAO.

State Examinations

Brian Hayes

Question:

507 Deputy Brian Hayes asked the Tánaiste and Minister for Education and Skills if, in consultation with the State Examination Commission, she has considered providing additional time to some candidates for State exams based on the severity of their disability; if her attention has been drawn to the fact that this applies for State exams in the UK where, in exceptional circumstances, additional extra time may be provided to the candidates; and if she will make a statement on the matter. [25559/10]

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations including organising the holding of examinations and determining procedures in places where examinations are conducted including the supervision of examinations. The Commission operates a scheme of Reasonable Accommodations in the certificate examinations. Applications for such accommodations are submitted by schools on behalf of their students.

A range of accommodations are provided to enable students with special needs to access the Certificate examinations. For example enlarged print, Braille translation, modified questions, use of a scribe, a reader, a personal assistant, a tape recorder or word processor, may be allowed depending on needs. Ten minutes extra time per scheduled hour of each question paper may be allowed where the candidate needs the help of a scribe or would otherwise be unable to make adequate use of the mechanical aids provided for recording the answers or is visually impaired*.

The scheme was introduced following the report of an expert advisory group, and the introduction enabled opportunities to be provided for exemptions where a candidate was not in a position to demonstrate achievement in a core area of assessment. At the time, the Advisory Group examined the issue generally of extra time for students, but considered that the amount of time needed could vary substantially by disability category and that there was a fundamental difficulty in developing a system which would facilitate equitable access but not confer an unfair advantage in any case. The Group therefore recommended that the time element of the examination should be made less critical, and that an additional 15-20 minutes should be available for all students in certain examinations. This has been implemented since 2000 by extending the core timetable for Irish, English, History and Geography examinations since 2000. The extra time entitlement for students at * above is offset by this timetabled element.

Special Educational Needs

Pat Breen

Question:

508 Deputy Pat Breen asked the Tánaiste and Minister for Education and Skills when a position (details supplied) will be filled; and if she will make a statement on the matter. [25598/10]

The Deputy will be aware that the National Council for Special Education (NCSE) was established to co-ordinate the delivery of services at local and national level for students with special educational needs. This co-ordination occurs through a network of 89 Special Education Needs Organiser (SENO) posts, including 12 Senior SENO positions based in over 40 NCSE offices throughout the State.

SENOs are employed by the NCSE. The NCSE is also responsible for the deployment of SENOs. I understand that there has been a SENO vacancy in the area referred to by the Deputy, arising from a resignation in August 2009. The NCSE has advised my Department that it arranges for appropriate cover in circumstances where SENO vacancies arise. The NCSE has also advised my Department that it has recruited an additional SENO and is currently in the process of assigning a member of staff to fill the vacant post in question.

The Deputy is aware that Part 2 of the Disability Act 2005 provides for the independent assessment of health needs of persons arising from a disability and also, where appropriate, the education services to be provided. The Act sets out the role of the NCSE in this regard. In June 2007, Part 2 of the Act was commenced for children less than 5 years of age. The NCSE processes requests for assistance for such children following receipt of applications submitted by Health Service Executive (HSE) Assessment Officers. The Deputy may wish to contact my colleague, the Minister for Health and Children or the HSE directly in relation to the reference to children awaiting assessments in the details provided with his question.

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