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Dáil Éireann debate -
Thursday, 30 Sep 2010

Vol. 717 No. 1

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].
Questions Nos. 1 to 8, inclusive, answered orally.

Consultancy Contracts

Michael D. Higgins

Question:

9 Deputy Michael D. Higgins asked the Minister for Finance his views on the 2009 annual report of the Comptroller and Auditor General; if he is satisfied that he has received value for money on financial advisory services, totalling some €33 million; the steps he will take to enhance the tendering process for such services in view of the Comptroller and Auditor General’s report; and if he will make a statement on the matter. [34053/10]

The C&AG report states that the cumulative expenditure on consulting services for banking stabilisation services provided to the NTMA, Financial Regulator, Central Bank, the NPRFC and my Department was €33.76m. Of this, my Department has spent a total of €9.78m in the period to end July 2010, €9.66m to Arthur Cox in respect of legal advice and €0.12m to PWC in respect of accounting advice.

With regard to the hiring of Arthur Cox, this was consistent with public procurement guidelines contained in Circular 40/02. Arthur Cox was chosen because of its acknowledged expertise in the field of commercial law and because its size allows it to dedicate sufficient resources to the project to ensure that advice is provided in a timely manner. A good working relationship had also been established through Arthur Cox involvement with the Advisory Forum on Financial Legislation. The Office of the Attorney General approved the selection in so far as their legal expertise is concerned on 24 September 2008. In addition to the 8% Government discount which has been applied to all invoices, the Department negotiated a further discount with Arthur Cox.

I am satisfied that my Department received value for money in the services provided by Arthur Cox and PWC. I would like to bring to the Deputy's attention that the Comptroller and Auditor General commented that the administrative costs incurred by State agencies in relation to banking stabilisation measures have been substantial in absolute terms but are small relative to the scale of the costs, financial commitments and risks associated with the banking stabilisation measures and access to timely and professional advice is a vital input to decision making in this context.

With regard to enhancing the tendering services, the public tendering rules provide for exceptional arrangements in limited circumstances such as arose in procuring certain services when addressing the banking and financial crisis. My Department will, of course, continue to observe both national and EU procurement rules.

Financial Institutions Recapitalisation.

Brian O'Shea

Question:

10 Deputy Brian O’Shea asked the Minister for Finance if he will provide an update on the progress made with the disposal of the EBS Building Society; and if he will make a statement on the matter. [34031/10]

The Financial Regulator on 30 March 2010 determined that EBS must raise additional equity capital of at least €875 million by the end of 2010 in order to meet the new base case capital standards. The State provided EBS in May 2010 with €100 million of capital through the issuance of Special Investment Shares to secure EBS's immediate capital position. These Special Investment Shares give the Minister for Finance effective economic control of EBS. A Promissory Note to the value of €250 million was issued to EBS in June 2010 to enable it to meet its capital requirements as loans transfer to NAMA.

The State has committed to meet the remaining capital requirement, to the extent that private capital is not forthcoming. Expressions of interest in the Society were invited and a sale/investment process commenced in June 2010. Interest in the society has since been expressed by a number of parties and proposals have been received. These are being examined by my Department and the NTMA but it is too soon to anticipate any particular outcome.

Jan O'Sullivan

Question:

11 Deputy Jan O’Sullivan asked the Minister for Finance if he will provide an estimate of the full cost to taxpayers of recapitalising Irish Nationwide Building Society; and if he will make a statement on the matter. [34036/10]

I addressed the position regarding the estimated level of capital support required by Irish Nationwide Building Society in my Statement on Banking earlier today. To date, I have provided €2.7bn capital to INBS to cover the losses on lending by the Society. Following a recommendation from the NTMA, I am providing, subject to European Commission approval, an additional €2.7bn, as a prudential estimate of the additional capital required to cover expected losses on the Society's remaining loan book. This will bring the total amount of capital support to the Society from the State to €5.4bn. This additional capital is being provided in order to establish a ceiling on the level of support provided to the Society consistent with the objective of providing final clarity on the public support required by the Irish banking system.

Banking Sector Regulation

Róisín Shortall

Question:

12 Deputy Róisín Shortall asked the Minister for Finance the progress that has been made with preparations for the introduction of a special resolution regime for Irish banks; and if he will make a statement on the matter. [34044/10]

Kieran O'Donnell

Question:

141 Deputy Kieran O’Donnell asked the Minister for Finance if he intends bringing in a bank resolution scheme; the details of such a scheme; when such a scheme will be introduced by way of legislation; if it will be confined to specific financial institutions and the names of same or will it be a general bank resolution scheme; and if he will make a statement on the matter. [34307/10]

I propose to take Questions Nos. 12 and 141 together.

I have indicated previously that I am examining options for the introduction of a legislative regime to deal in a systematic way with distressed financial institutions, to ensure the State has in place a range of tools to address problem institutions effectively in the interests of maintaining financial stability, minimising reliance on public moneys and ensuring continuity of key banking activities.

In view of the central role performed by central banks in resolution frameworks for financial institutions my Department is in consultation with the Central Bank and the Financial Regulator with a view to the development of draft legislative proposals, which I will consider in due course. This of course is a complex area where policy is still evolving internationally and I want to ensure that any model introduced in an Irish context meets best international practice.

Work is also under way at the EU level in this area. The European Commission is working to develop an EU framework for cross-border crisis management. With the objective of ensuring that Member State authorities have the necessary common tools that can be used in a co-ordinated manner to allow prompt and legally robust actions in the case of bank failures, protecting the broader financial system, avoiding costs for taxpayer and ensuring a level playing field. Also included in the Commission's proposal for discussion are additional powers for supervisors to require the preparation by systemically important institutions of firm-specific contingency and resolution plans. A Communication is expected from the Commission in October 2010, setting out the timetable, concrete measures and plans for an EU framework for crisis management with legislative proposals expected in Spring 2011. Ireland is, of course, participating fully in the work at EU level to examine possible elements of bank resolution tool-kits in a cross-border context. My proposals in this area, while not needing to await developments at EU level, will be informed by the debate and considerations in that forum.

As I set out in my statement this morning, in addition to the work outlined above, my Department in conjunction with the Attorney General is working on resolution and reorganisation legislation, which will enable the implementation of reorganisation measures specific to Anglo Irish Bank and INBS which will address the issue of burden-sharing by subordinated bondholders. The legislation will be consistent with the requirements for the measures to be recognised as a re-organisation under the relevant EU Directive in other EU Member States.

Public Sector Staff

Damien English

Question:

13 Deputy Damien English asked the Minister for Finance the number of public servants that have been redeployed under the new redeployment scheme agreed in the Croke Park agreement; and if he will make a statement on the matter. [33926/10]

The Public Service Agreement 2010-14 (the "Croke Park" Agreement) provides for agreed redeployment arrangements to apply in the Civil Service and in the Health, Education, Non-Commercial State Sponsored Body (NCSSB), and Local Authority sectors. In the context of the current constraints on the public finances and the need to maximise the use of resources, the public service needs the flexibility to be able to match staffing resources to areas of greatest priority. In practical terms the arrangements represent a means to sustain the ongoing delivery of priority services while other schemes and programmes are being reduced or downsized. The redeployment arrangements also support the commitment in the Agreement to avoid enforced redundancy.

Redeployment of staff across the public service can provide Departments and agencies with an effective and efficient mechanism to reduce excess staff numbers and to acquire additional staff where appropriate, without the need to resort to outside recruitment. For example, the increased staffing needs of the Department of Social Protection caused by the rise in the Live Register have been met within the existing resources of the Civil Service by the redeployment of some 450 staff from other Government Departments to that Department mainly by means of a staffing levy. Similarly, in the recent past some staff from BIM were redeployed to meet priority needs in SEAI.

The Agreement makes provision for the redeployment of surplus staff with the initial focus on redeployment within sectors. As a result of the moratorium, natural turnover and additional turnover boosted by several factors such as the introduction of the Incentivised Scheme of Early Retirement (ISER) and the Special Incentive Career Break Scheme, public service numbers have already been reduced by 11,000 or 3.4% in the period since March 2009. Indeed, the sector for which I have direct responsibility, the civil service, has seen its numbers drop by 2,300 or 6% and is currently operating well below its end 2010 numbers ceiling. In light of these reductions in numbers, there has to date been little identified surplus to redeploy across the sectors. However, I envisage that the redeployment mechanisms outlined in the agreement will, going forward, contribute to a smooth transition to a public service operating with reduced numbers.

Redeployment within employments or bodies in the individual sectors is a matter for the managers and employers in those sectors in the first instance having regard to policy and operational priorities and the budgets available. Indeed this is acknowledged in the text of the Agreement. Such internal changes in the assignment of staff and responsibilities are taking place on an ongoing basis in response to service delivery needs and reducing numbers of staff, and my Department could not realistically monitor such changes individually.

Financial Institutions Support Scheme

Denis Naughten

Question:

14 Deputy Denis Naughten asked the Minister for Finance his plans to extend the taxpayer guarantee for unsecured senior bonds in Anglo Irish Bank issued before September 2008 beyond the 30 September 2010 expiry date; and if he will make a statement on the matter. [33919/10]

To qualify as an eligible liability under the ELG Scheme, a bond must be issued between the date the participating institution joined the scheme and midnight on 31 December 2010. Unsecured senior bonds issued by Anglo Irish Bank before September 2008 do not therefore qualify as eligible liabilities, and they will no longer benefit from a guarantee after the expiry of the CIFS Scheme on 29 September 2010.

Much has been said about senior debt obligations in Anglo Irish Bank. The position is that senior debt obligations rank equally with deposits and other creditors under Irish law. I have no plans to change this position. There is, therefore, no question of seeking to impose losses on holders of such senior debt in Anglo or indeed in any other credit institution in the State through any legislative measures. Any alternative strategy as advocated by some creates a significant risk of jeopardising the banking system's and indeed the State's access to international debt markets and cannot be countenanced on that basis.

Tax Code

Róisín Shortall

Question:

15 Deputy Róisín Shortall asked the Minister for Finance if he will provide an update on the implementation of further measures announced in budget 2010 with respect to the treatment of non-residents for tax purposes; the revenues that have been raised from these measures to date in 2010; the amount of revenue he expects these measures to yield in 2011; the number of non-residents for tax purposes these measures have affected according to the most recent figures at his disposal; the amount of such non-residents that are here; and if he will make a statement on the matter. [34043/10]

I assume that the measure to which the Deputy refers is the Domicile Levy which I announced in Budget 2010 and introduced in Finance Act 2010. The Deputy will be aware that the Domicile Levy of €200,000 is charged on an individual who is Irish-domiciled and an Irish citizen whose world-wide income exceeds €1m, whose Irish-located property is greater than €5m, and whose liability to Irish income tax was less than €200,000.

The Levy will be charged for 2010 and subsequent years, but the payment for each year can be made at any time up to 31 October in the year following the valuation date, which is 31 December of each year. The first valuation date for the Domicile Levy will be 31 December 2010 and the tax return and payment of the Levy for 2010 will not be due until 31 October 2011. No revenue will therefore be raised from the Domicile Levy in 2010. At this stage, it is not possible to estimate the amount of revenue that may be raised from the Domicile Levy in 2011. It is not possible to estimate the number of non-residents that this measure will affect. Many non-resident individuals who file Irish tax returns are not Irish citizens or have a foreign domicile and therefore would not be subject to the Levy.

Fiscal Policy

Brian Hayes

Question:

16 Deputy Brian Hayes asked the Minister for Finance his views on the falling GDP in the second quarter; the reason such a significant drop occurred; in view of the drop, if he will estimate the annual growth rate in GDP for 2010; and if he will make a statement on the matter. [33931/10]

National accounts data published last week by the Central Statistics Office show that GDP declined by 1.2 per cent between the first and second quarters of this year. I would point out that this follows an increase of 2.2 per cent in the first quarter — in other words, taken together the data for the first two quarters suggest that the level of GDP has stabilised.

The quarterly figure for GNP was a decline of 0.3 per cent between the first and second quarters, pointing towards stabilisation in this measure of economic activity. In annual terms, GDP fell by 1.8 per cent in the second quarter. Personal consumption and investment moved in line with expectations while exports continued to increase significantly, which is to be welcomed. However, a somewhat unexpected surge in imports reduced the overall level of GDP in the second quarter. As I have already indicated, my Department is assessing all relevant information and will publish revised macro-economic forecasts in the coming weeks.

National Pensions Reserve Fund

Jack Wall

Question:

17 Deputy Jack Wall asked the Minister for Finance the total State investment to date by the National Pensions Reserve Fund in Allied Irish Banks and in Bank of Ireland; the total current value of each of these investments on a market basis; and if he will make a statement on the matter. [34040/10]

On 30 March 2009, I directed the National Pensions Reserve Fund Commission to invest €3.5 billion in preference shares issued by Bank of Ireland and on 12 May 2009 I directed the Commission to invest €3.5 billion in preference shares issued by Allied Irish Banks plc (AIB). I gave these directions having consulted the Governor of the Central Bank and the Regulatory Authority and having decided that the investments were required in the public interest to prevent potential serious damage to the financial system in the State and to ensure the continued stability of that system.

These investments were in perpetual preference shares with an annual non-cumulative fixed dividend of 8% payable in cash or, in the case of non-payment by either bank of the cash dividend, ordinary shares in lieu. The preference shares could be repurchased at par up to the fifth anniversary of the issue and at 125% of face value thereafter. Warrants issued with, but detachable from, the preference shares gave an option to purchase up to 25% of the enlarged ordinary share capital of each bank (following exercise of the warrants). The warrants were exercisable at any time from the fifth to tenth anniversary of issue of the preference shares or immediately prior to any takeover or merger of the bank concerned, whichever is earlier. The number of ordinary shares which may be acquired pursuant to the exercise of the warrants was subject to anti-dilution protection in line with market norms for warrants. Accordingly, the warrants will be proportionately adjusted for any increase or decrease in the number of ordinary shares in issue resulting from a subdivision or consolidation of units of ordinary shares. The warrants will also be proportionately adjusted for any capital distributions by the bank and for certain bonus issues or rights issues by the bank.

In February and May 2010 the Fund received ordinary shares in Bank of Ireland and AIB respectively in lieu of cash as payment of the first dividend on its preference share investments. The payment was made in the form of ordinary shares as the European Commission requested that discretionary coupon payments on Tier 1 and Upper Tier 2 capital instruments in Bank of Ireland and AIB not be paid while it considered each bank's restructuring plan. The number of shares issued in each case represented the amount of the annual preference share dividend divided by the average share price in the 30 trading days prior to the date of issue.

On 25 April 2010, again having consulted the Governor of the Central Bank and the Regulatory Authority and again having decided that it was required in the public interest to prevent potential serious damage to the financial system in the State and to ensure the continued stability of that system, I issued directions to the National Pensions Reserve Fund Commission to convert part of its €3.5 billion holding of Bank of Ireland preference stock into ordinary stock as part of the capital raising exercise announced by the bank on 26 April. The details of the transaction are as follows:

Placing/ Conversion (Step 1)

The National Pensions Reserve Fund (NPRF) subscribed for 576 million units of ordinary stock. In exchange for this stock the NPRF converted 1,036 million units of preference stock at their issue price of €1.00 into ordinary stock. Warrant cancellation The NPRF received €491 million in cash in return for the cancellation of the warrants issued in conjunction with the preference stock.

Rights Issue (Step 2)

The NPRF participated in the Bank of Ireland rights issue taking up the full allocation to which it was entitled at a price of €0.55 per unit of ordinary stock. In order to exercise the rights, the NPRF converted a further 627 million units of its preference stock into ordinary stock.

Fees

The NPRF received €52 million in fees for its participation in the transaction.

Change in dividend rate on preference stock

The dividend rate on the remaining preference stock increases from 8.00% to 10.25%. The transaction involved no new investment by the NPRF in Bank of Ireland and was funded entirely via conversion of preference stock. Including the cancellation of the warrants issued in conjunction with the preference stock and fees, the NPRF received total cash income of €543m from Bank of Ireland for participation in the transaction.

The NPRF's directed investment in Bank of Ireland now consists of: 1,900 million units of ordinary stock valued at their current market price (36% of the bank's ordinary stock in issue); and 1,837 million units of preference stock held at their issue price of €1.00 paying an annual dividend of 10.25%. The NPRF's directed investment in AIB now consists of: 3,500 million units of preference shares held at their issue price of €1.00 paying an annual dividend of8.00%. 198 million ordinary shares valued at their current market price (18% of the bank's ordinary stock in issue).

The NPRF Commission will continue to publish information on the overall return on and value of the investments it holds at my direction in credit institutions in its quarterly Performance and Portfolio Updates. Finally, as the Deputy will be aware, in my statement on banking this morning, I announced the details whereby the NPRF will further support the recapitalisation of AIB as necessary. The details are set out in my reply to an earlier question today.

Mortgage Arrears

Joe McHugh

Question:

18 Deputy Joe McHugh asked the Minister for Finance the number of households that are one month, three months and six months behind in their mortgage payments; his plans to address the mortgage crisis; and if he will make a statement on the matter. [33922/10]

There are no statistics available for mortgage accounts in arrears for one month. The latest mortgage arrears data from the Central Bank and Financial Regulator for period end June 2010 published on 1 September 2010 provide the following statistics for mortgage accounts in arrears more than 90 days and 180 days: 36,438 mortgage accounts in arrears for more than 90 days of which 24,797 are in arrears for more than 180 days. These figures do not equate to the actual number of homeowners in arrears. This is because an estimated 20% of homeowners have two or more accounts, which are included in the figures reported by the Financial Regulator for period ended June 2010. Examples of this are where the mortgage is divided into part-fixed and part-variable or where a second account was opened to cover spending on an extension.

With regard to the second part of the question, it is a priority of the Government to ensure that as far as possible that difficulties in relation to mortgage arrears do not result in legal proceedings for home repossession. The Deputy will be aware that the Government is currently providing support for a number of initiatives designed to assist homeowners who are finding it difficult to meet their mortgage repayments including the Code of Conduct on Mortgage Arrears (CCMA), the Mortgage Interest Subsidy Scheme and the services provided by Money Advice Budgeting Service (MABS), which are all having a positive impact on the number of homeowners facing repossession.

The Financial Regulator, who has responsibility for the CCMA, undertook a review, at my request, of the effectiveness of the moratorium period for legal repossessions in the CCMA and decided to extend the moratorium period from six to 12 months in line with my request. You will be aware that the 12 month moratorium came into effect on 17 February last and runs from the date the borrower fell into arrears.

In addition to the above supports, the Deputy will be aware of the Government's commitments to Protecting the Family Home and Helping those in Debt under the Renewed Programme for Government, and of the appointment by me last February of the Mortgage Arrears and Personal Debt Expert Group (Expert Group) under the independent chair of Hugh Cooney, an insolvency accountant. The purpose of the Expert Group is to make recommendations to me on options for dealing with the growing problem of mortgage arrears and personal indebtedness.

The Deputy will also be aware that the Expert Group submitted their Interim Report (www.finance.gov.ie ) to me on 5th July. In general the recommendations of the Expert Group's Interim Report are intended to improve communication between householders in arrears and their lenders; provide for a more consistent assessment process by lenders of borrowers in difficulty and introduce an industry-wide Mortgage Arrears Resolution Process (MARP) including a range of forbearance measures. The recommendations have been accepted in full by the Government and action is being taken to bring them into effect. A consultation process on proposed amendments to the Code of Conduct on Mortgage Arrears (CCMA) which will give effect to the recommendations of the Expert Group is currently under way by the Office of the Financial Regulator.

The Expert Group has since commenced the second phase of their investigations and will consider how best to deal with the more complex issues facing borrowers in arrears. I expect to receive their final report by the end of October. The Government will then have an opportunity to consider the recommendations and decide on actions to be taken.

Exchequer Savings

Phil Hogan

Question:

19 Deputy Phil Hogan asked the Minister for Finance the savings for 2010 and for a full year from implementing recommendations of the special group on public service numbers and expenditure programmes broken down between social welfare and non-social welfare savings and the associated reduction in public sector numbers; and if he will make a statement on the matter. [33912/10]

Phil Hogan

Question:

71 Deputy Phil Hogan asked the Minister for Finance the number of public bodies that have been merged or closed in line with recommendations of the special group on public service numbers and expenditure programmes; the associated savings and reductions in public sector numbers; and if he will make a statement on the matter. [33913/10]

I propose to take Questions Nos. 19 and 71 together.

The Report of the Special Group on Public Service Numbers and Expenditure Programmes was published in July 2009 and outlined 271 options with potential savings of up to €5.3 billion in a full year along with associated staffing reductions of over 17,300 in public service numbers.

Following the publication of the Special Group's Report, which is advisory in nature, the Government referred the Report to each Government Department with instructions to examine recommendations relevant to their Department as a major input to the Estimates process for 2010. In parallel with this, my Department also closely examined the Report for the same purpose. Accordingly, the Special Group's analysis and recommendations were taken into account in the 2010 Budget and Estimates of Expenditure. The formulation of policy in regard to the 2010 Estimates involved discussions and consultations between my Department and other Departments, as is normal. Implementation of all Estimates decisions, including those arising from the Report of the Special Group, is the responsibility of the relevant Minister and Department.

In summary, 41 recommendations have been implemented in full and 111 in part to date. Detailed information in relation to the recommendations implemented may be sought from the relevant Ministers. In aggregate terms, the latest calculations are that these savings will yield in the region of €2.2 billion in 2010 and €2.36 billion in a full year, with savings implemented by the Department of Social Protection accounting for an estimated €730 million in 2010 and €780 million in a full year. On that basis, aggregate savings outside of those related to the Department of Social Protection amount to approximately €1.47 billion in 2010 and €1.58 billion in a full year. These figures include savings accrued as a result of the closing or merging of offices and staff reductions in specific areas.

Overall, public service numbers have been reduced by 11,000 between end 2008 and end June 2010. This is due to a range of factors, including the moratorium on recruitment and promotion, the introduction of a new numbers control framework as recommended by the Special Group, and Government priorities in regard to public service provision. In addition, the Employment Control Frameworks agreed by Government will see the number employed in the public service reduced to 306,805 by the end of 2012. The latest figures reported to my Department show a reduction of approximately 4,400 posts in line with the recommendations of the Special Group. The majority of these posts are in the Health, Education, Revenue and the Defence sectors. Given the variety of factors that affect public service numbers policy, it is not possible to determine accurately the total reduction in public sector numbers associated with individual decisions taken to date.

With regard to the rationalisation of public bodies, Departments have reported that 4 rationalisations of public bodies have been completed to date in line with recommendations of the Special Group. In addition, a number of decisions to rationalise further bodies have been taken in line with the recommendations and are in the process of been implemented. These rationalisation decisions are in addition to the 17 decision that have been implemented to date, in line with the Budget 2009 announcement on Agency Rationalisation, which have resulted in the rationalising of 23 Agencies and the closure of 4 Army Barracks. It is often difficult to make definitive savings projections when the functions of agencies and bodies are being transferred or consolidated. Such matters only tend to become clear at, or shortly after, the commencement of the implementation phase.

The Report of the Special Group will continue to be a central point of reference in the Government's ongoing consideration of overall expenditure strategy and structural reform across the public service.

Freedom of Information

Enda Kenny

Question:

20 Deputy Enda Kenny asked the Minister for Finance the procedures in his Department for dealing with freedom of information requests; and if he will make a statement on the matter. [27649/10]

When an FOI request is received in the Department it is initially examined by the Freedom of Information Officer who will, providing it is a valid request as set out in the legislation, pass it on to a designated decision-maker to be dealt with. If the request is unclear or is not a valid request the FOI officer will liaise with the requester and make every effort to provide assistance to the requester in an effort to agree an amendment of the request so that it becomes a valid request and can be dealt with.

The Freedom of Information Officer will issue an acknowledgment letter to the requester advising him or her of the name of the decision-maker, their contact details and the deadline by which a decision will issue.

The Act sets out the procedures and time frames for dealing with requests and FOI decision makers and internal reviewers are obliged to comply with these. This is the same for all Government departments and every other public body covered by the Act.

All decision makers and internal reviewers receive training in the operation of the Act and are familiar with its requirements. Furthermore the Act sets out that it shall be the duty of a public body to give reasonable assistance to a person who is seeking a record under the Act (a) in relation to the making of the request under section 7 of the Act for access to the record and (b) if the person has a disability, so as to facilitate the exercise by the person of his or her rights under this Act.

The Act also sets out under section 8(4) that in deciding whether to grant or refuse to grant a request under section 7(a) any reason that the requester gives for the request and (b) any belief or opinion of the head as to what are the reasons of the requester for the request shall be disregarded.

Where a requester is unhappy with a decision whether wholly or in part in relation to the record concerned they have a right of appeal. The first stage of this process is internal review which is set out under section 14 of the Act and this is where an officer senior to the original decision-maker will review the request and following such a review may as he or she considers appropriate, affirm or vary the decision or annul the decision and if appropriate make such decision in relation to the matter as he or she considers proper.

If the requester is not satisfied with the decision on their request at internal review they then have a right of appeal to the independent Office of the Information Commissioner. The Information Commissioner is independent in the performance of her functions. The Commissioner may on application to her Office affirm or vary the decision or annul the decision and if appropriate, make such decision in relation to the matter concerned as she considers proper. The decision of the Information Commissioner is legally binding. A party to such a review may appeal to the High Court on a point of law from the decision. An appeal shall be initiated not later than 8 weeks after notice of the decision concerned was given to the person bringing the appeal.

Credit Availability

Ruairí Quinn

Question:

21 Deputy Ruairí Quinn asked the Minister for Finance his views on the current lending environment for small and medium enterprises for persons seeking mortgages; and if he will make a statement on the matter. [34038/10]

With regard to the provision of business credit, both AIB and Bank of Ireland have committed to providing not less than €3 billion each for new or increased credit facilities to SMEs in both 2010 and 2011. These plans were reviewed by John Trethowan and the Department and were found to be credible. Both Mr. Trethowan and the Department receive monthly progress reports from the two banks which allow us to ensure they deliver on the strong commitments given in their plans to support viable businesses in all sectors of the economy and in every area of the country.

Both banks insist that there are no constraints on lending bar demand from viable businesses. To back this up, Mr. Trethowan has reported to the Department that both AIB and Bank of Ireland remain open for business and borrowers should use the Credit Review Office if they find this is not so.

As part of the terms of the recapitalisation of AIB and Bank of Ireland, the banks committed to actively promote mortgage lending at competitive rates, with increased transparency on the criteria to be met. In particular AIB and Bank of Ireland committed to providing an additional 30% capacity for mortgage lending to First Time Buyers. IBF statistics for all mainstream mortgage lenders show that overall mortgage lending to FTB fell by 25% in the full year to June 2010 vis-à-vis the previous comparable period. In this market of retrenchment, AIB and Bank of Ireland continue to lend substantial monies and grow market share.

Fiscal Policy

Pat Rabbitte

Question:

22 Deputy Pat Rabbitte asked the Minister for Finance if he will provide an update on the discussions between him and his officials with their EU counterparts in respect of the proposed common consolidated corporate tax base; and if he will make a statement on the matter. [34051/10]

Commissioner Semeta was in Dublin on Monday 20th September last to address a joint EU-USA conference for investigators and prosecutors on the subject of tobacco fraud which was organised by the European Anti-fraud Office and the Revenue Commissioners.

In the margins of that conference I had a bilateral discussion with the Commissioner and his officials on EU tax policy issues including the Common Consolidated Corporate Tax Base, CCCTB. The Commissioner confirmed his intention to bring forward a proposal to the Council of Ministers sometime in the New Year.

For my part I reiterated our scepticism towards a CCCTB and said that while we are prepared to engage and work with the Commission in a positive manner in relation to tax matters, we would also uphold the principles that we and others believe in, in terms of subsidiarity, national discretion and competitiveness. I indicated to the Commissioner the need to analyse the likely impact of the CCCTB on employment and foreign direct investment in the EU. I also stated that the CCCTB could prove to be very divisive in that it could create significant winners and losers among Member States through the redistribution of tax bases.

As part of our strategy on the CCCTB my officials are also in regular contact through our Embassy network with other Member States. We will have an opportunity for face to face discussions with our EU counterparts at a CCCTB workshop which has been organised by the Commission for 20th October next in Brussels. Furthermore, a new high level tax policy group, under the Chairmanship of Commissioner Semeta and to include representatives of all Member States is due to have its inaugural meeting next month at which we will have a further opportunity to engage with our EU counterparts on EU tax policy issues.

Question No. 23 answered with Question No. 7.

State Banking Sector

Martin Ferris

Question:

24 Deputy Martin Ferris asked the Minister for Finance the effects on the domestic economy and the international borrowing markets of the open-ended exposure to the private liabilities of bondholders in Anglo Irish Bank; and if he will make a statement on the matter. [34064/10]

There is no doubt that the perceived uncertainty about the total cost of addressing the problems at Anglo Irish Bank has been cited as adversely impacting on the cost of Sovereign borrowing and for Irish financial institutions generally. These total costs arise because of the appalling lending decisions by the bank prior to nationalisation and the losses incurred in that regard. It is not exposure to bondholders that is at issue. The bank's liabilities are to depositors including customers and the Central Bank, senior bondholders and subordinated bondholders.

The Government's primary objective in dealing with Anglo Irish Bank has been to minimise the cost of this distressed bank to the Irish taxpayer. The Government decided in early September that the bank will be split into a funding bank and an asset recovery bank. The Central Bank has determined and announced the appropriate levels of capital needed in both institutions. That announcement, along with my earlier statement on the restructuring of the bank will bring clarity to the markets regarding the amount of capital required by Anglo Irish Bank. In addition my statement earlier today in relation to all the financial institutions will help bring certainty to the market.

With this clarity I would hope that the markets will reassess the position and that the rates for borrowing by the State and by Irish financial institutions will fall below current levels.

The figures for the recapitalisation of Anglo Irish Bank and all other relevant information will be taken into consideration in revised forecasts which will be published in the Pre-Budget Outlook in October.

National Asset Management Agency

Mary Upton

Question:

25 Deputy Mary Upton asked the Minister for Finance the steps he and the National Asset Management Agency have taken to ensure that NAMA’s debtors do not, or have not, transferred assets offshore, to friends and family or otherwise potentially beyond the reach of being recouped by NAMA; and if he will make a statement on the matter. [34050/10]

The National Asset Management Agency Act 2009, Section 211(1) specifies that NAMA has recourse through the High Court in the event that a debtor has disposed of an eligible bank asset, in order to defeat, delay or hinder the acquisition by NAMA.

I am informed by NAMA that it will take the appropriate action where it considers that this has occurred.

State Banking Sector

Arthur Morgan

Question:

26 Deputy Arthur Morgan asked the Minister for Finance the effects on the economy here of defaulting on Anglo Irish Bank bondholders in the short term; the effects on the economy of defaulting on Anglo Irish bank bondholders in the medium term; and if he will make a statement on the matter. [34063/10]

As I indicated in my Statement earlier today much has been said about senior debt obligations in Anglo Irish Bank. The position is that senior debt obligations rank equally with deposits and other creditors under Irish law. I have no plans to change this position. There is, therefore, no question of seeking to impose losses on holders of such senior debt in Anglo or indeed in any other credit institution in the State through any legislative measures. Any alternative strategy as advocated by some creates a significant risk of jeopardising the banking system's and indeed the State's access to international debt markets and cannot be countenanced on that basis.

The principle of appropriate burden sharing by holders of subordinated debt, however, is one with which I agree. As can be seen from the figures outlined above, the losses in the bank are substantial and it is right that the holders of Anglo's subordinated debt should share the costs which have arisen.

In keeping with this approach, my Department in conjunction with the Attorney General is working on resolution and reorganisation legislation, which will enable the implementation of reorganisation measures specific to Anglo Irish Bank and INBS which will address the issue of burden-sharing by subordinated bondholders. The legislation will be consistent with the requirements for the measures to be recognised as a re-organisation under the relevant EU Directive in other EU Member States.

I expect the subordinated debt holders to make a significant contribution towards meeting the costs of Anglo.

Financial Institutions Recapitalisation

Dinny McGinley

Question:

27 Deputy Dinny McGinley asked the Minister for Finance the discussions he has had with EUROSTAT on the accounting treatment of the recapitalisation costs of Anglo Irish Bank and Irish Nationwide Building Society in 2010 and the estimated general Government deficit for 2010 in both absolute terms an as a percent of GDP; if these recapitalisation costs are counted as Government expenditure; and if he will make a statement on the matter. [33920/10]

In April of this year following consultations with the Irish authorities, Eurostat published an estimated General Government Deficit for 2010 of €18.5 billion. At that stage the significant capital supports needed for the banks were not included as work was ongoing in that regard.

Earlier today, I announced the final figures for the banks and I indicated that as a result of the supports needed, there would be a very substantial spike in our General Government Deficit for this year. On a purely headline basis our General Government Deficit for 2010 will be around €50 billion or 32% of GDP this year. Were it not for the once off spike we would have broadly met our budget deficit target, with an underlying deficit of about €18.75 billion or 11.9% of GDP.

My officials are finalising the Maastricht Returns which are due to be submitted to Eurostat today, September 30th. The final figures will be published by Eurostat on October 22nd, as is usual.

In terms of the headline deficit it is important to note that the effects of the supports to the banks on the General Government Balance is once-off and does not impact on the deficit in subsequent years. No additional borrowing arises this year as a result of this capital support to our banks. Our ongoing cash funding requirements for these measures will be spread over more than ten years. Funding the banks in such a manner lessens the immediate impact on the Exchequer. It is important to note that the Exchequer is fully funded through to the middle of next year.

As said earlier, the underlying forecast deficit for 2010 is broadly on target at 11.9% of GDP. The slight difference between the latest forecast deficit and the figure published in April is due largely to technical factors, and the Government remains committed to achieving a General Government Deficit of below 3% of GDP by end 2014 as previously agreed.

Public Sector Staff

Michael Creed

Question:

28 Deputy Michael Creed asked the Minister for Finance his views of the Central Statistics Office estimate in the latest quarterly national household survey that the number of persons working in public administration and defence was at an all-time high in the second quarter of 2010; the way in which this is consistent with the Government’s employment control framework; and if he will make a statement on the matter. [33914/10]

Following the recent publication of the Quarterly National Household Survey (QNHS) by the Central Statistics Office, officials from my Department contacted officials of the Central Statistics Office to discuss the differences between the numbers attributed in the QNHS to the "public sector" and the "public service" numbers as collated by my Department. The outcome of these contacts is a clearer understanding that the two systems are not comparable. In effect, we are dealing with "apples and oranges". The major differences are:

The QNHS is a sample survey and as such the numbers reported in the QNHS can be subject to variance and in particular this can affect the trends seen over time. The numbers produced by my Department are based on a fuller census and as such are not subject to such sampling variances;

The QNHS sector categories (for Health, Education, Public Administration, etc.) include both private sector and public service staff, whereas my Department's figures report exclusively on the public service;

The QNHS "public sector" numbers include Commercial State Bodies (CSB) whereas the numbers reported by my Department for the "public service" do not include staff from CSBs (whose staff are not subject to the moratorium on recruitment and promotion);

In the case of the QNHS, persons in employment whether full-time or part-time are treated in the same way (i.e. counted as one employed person) in the estimation of the total number of persons employed. In contrast to this "headcount" basis, my Department reports numbers on a Whole Time Equivalent basis (WTE); and

The QNHS is a large survey (approximately 30,000 households each quarter) that relies on self-reporting by persons in employment of the economic sector in which they work and also whether they work in the public or private sector. The supplied sectoral detail is subsequently categorised into the harmonised European Classification of Economic Activity (known as NACE), while my Department uses an employer reporting basis to collect its numbers from all public service bodies that employ civil or other public servants.

The Central Statistics Office have informed my Department that their survey indicates that public sector employees make up approximately 80% of the Education Sector, 60% of the Human Health and Social Work Activities Sector and 95% of the Public Administration and Defence Sector. Applying these percentages to strip out the private sector element would reduce the gross total for these Sectors from 492,500 to approximately 363,000 on a "headcount" basis.

The monitoring of public service numbers to verify compliance with Employment Control Frameworks will continue to use the systems set up by my Department. The numbers reported to my Department for end-June 2010 were 308,370 (WTE), compared to 319,440 at end-December 2008.

Commissions of Investigation

Seymour Crawford

Question:

29 Deputy Seymour Crawford asked the Minister for Finance the compensation arrangements in respect of a person (details supplied) as sole member of the Commission of Investigation into the banking sector here; and if he will make a statement on the matter. [33923/10]

On 7 July 2010, the Government announced its decision to establish a Commission of Investigation into the banking sector in Ireland. The Commission was formally established on 21 September 2010 by Government Order.

The person concerned will receive a per diem fee of €1,000 plus an allowance of €4,000 per month towards travel and accommodation expenses for the duration of the work of the Commission of Investigation, both of which will be subject to tax. The compensation arrangements in this case reflect an appropriate adjustment in line with the Financial Emergency Measures in the Public Interest Acts 2009.

These compensation arrangements also reflect the fact that significant quasi-judicial powers are vested in statutory commissions of investigation established under the Commissions of Investigation Act 2004.

Credit Availability

Pádraic McCormack

Question:

30 Deputy Pádraic McCormack asked the Minister for Finance his views on the European Central Bank lending survey which showed that bank lending conditions for Irish enterprise in July 2010 were worse than at any stage since the credit crunch began; and if he will make a statement on the matter. [33921/10]

The Government is concerned about conditions for enterprise and has taken a series of initiatives to increase the flow of credit to the real economy, most notably, the establishment of the Credit Review Office and the €3bn SME lending plans of AIB and Bank of Ireland which I feel will ensure that viable SMEs continue to access credit.

National Asset Management Agency

Brian Hayes

Question:

31 Deputy Brian Hayes asked the Minister for Finance the projected transactions cost related to the transfer of loans from Anglo Irish Bank to the National Asset Management Agency for 2010; and if he will make a statement on the matter. [33932/10]

To date loan assets belonging to Anglo with a nominal value of €16 billion have transferred to NAMA for a consideration of €7 billion representing an overall discount of 58%.

As I announced in my statement earlier today, it is now intended to transfer Anglo's remaining eligible bank assets in one single tranche by the end of October. NAMA has completed a review of the assets securing the loans in Anglo's remaining NAMA tranches, taking into account its experience of valuing similar assets in the transfer of completed tranches. This review has enabled NAMA to determine and advise the Central Bank of the expected discount of 67% on the remaining €19bn. of the bank's loans that are due to be transferred.

State Banking Sector

Joan Burton

Question:

32 Deputy Joan Burton asked the Minister for Finance if his attention has been drawn to reports (details supplied) that Anglo Irish Bank disposed of its Austrian private banking subsidiary, with a deposit book of some €600 million, at a time in September 2008 when Anglo’s own funding position was under such strain; if he has had cause to have this matter investigated. [34057/10]

The Deputy will be aware that the particulars of the disposal of the Austrian subsidiary were disclosed in the Notes to the 2009 Annual Reports & Accounts. Note 14 to these accounts (page 75) provides details on the transaction, including a sales figure of €141m for the disposal and a profit of €49m. The note also indicates that the Bank provided the purchaser with a €24 million long term subordinated loan to part fund the purchase. A reference was also made to the transaction on page 59 of the Accounts (Segmental Reporting) and page 16 (Business Review).

This sale obviously took place prior to the nationalisation of the bank. However, the bank has advised that the particular private banking business was not a core activity of the bank, was not particularly profitable and that there was a significant operational risk running the operation at a distance. The bank feels it important to point out that the bank did keep a branch in Austria. I am informed that there is nothing in the records of the bank or the nature or timing of the transaction to suggest that the sale of the subsidiary was other than the normal course of business.

If the Deputy has any specific information which indicates further investigation is warranted she should of course bring this information to the attention of the appropriate authorities.

Bank Guarantee Scheme

Ciaran Lynch

Question:

33 Deputy Ciarán Lynch asked the Minister for Finance in view of the covered credit institutions, if he will set out the level of senior and subordinated debt issued prior to 30 September 2008 that will remain on the books of those institutions and outside the scope of a State guarantee as of 1 October 2010; and if he will make a statement on the matter. [34028/10]

The amount of sub debt and senior debt issued before September 2008 and which will remain on the books of the six covered institutions after 1 October 2010 is as follows: Senior debt — €25.88 Subordinated debt — €6.93bn

Decentralisation Programme

David Stanton

Question:

34 Deputy David Stanton asked the Minister for Finance when he expects the 2011 overall review of the decentralisation programme to be completed; the progress made to date in the deferred decentralisation projects to Fermoy, Mallow and Youghal, County Cork; and if he will make a statement on the matter. [33906/10]

I expect the review of the decentralisation programme to be completed before the end of 2011.

The decentralisation projects to Fermoy, Mallow and Youghal, County Cork are comprehended by the deferral by the Government of decisions on the timing of the implementation of the balance of the programme pending the review in 2011. To date, no sites have been acquired to provide permanent accommodation for decentralising Offices at those locations nor have advance parties been put in place by the Departments and agencies concerned.

Economic Forecasts

Kathleen Lynch

Question:

35 Deputy Kathleen Lynch asked the Minister for Finance if he will make a statement on the recently published quarterly national accounts for the second quarter of 2010, which showed a 1.2% fall in GDP in the three months to June 2010 and which showed a contraction in GNP for the ninth straight quarter; and if he will make a statement on the matter. [34023/10]

Recently published quarterly national accounts figures show that GDP declined by 1.2 per cent between the first and second quarters of this year. However, this decline follows an increase of 2.2 per cent in the first quarter — in other words, taken together the data for the first two quarters suggest that the level of GDP has stabilised.

The quarterly figure for GNP was a decline of 0.3 per cent between the first and second quarters, pointing towards stabilisation in this measure of economic activity.

As I've already indicated, my Department is assessing all relevant information and will publish revised macro-economic forecasts in the coming weeks.

Tobacco Smuggling

Michael Noonan

Question:

36 Deputy Michael Noonan asked the Minister for Finance the steps being taken by the Revenue Commissioners and the Customs Service to eliminate the illegal trade in cigarette and other tobacco products; and if he will make a statement on the matter. [33929/10]

I am informed by the Revenue Commissioners who are responsible for the collection of tobacco products tax, and for tackling the illicit trade in cigarettes and tobacco products that the information requested by the Deputy is as follows.

Firstly, the Revenue Commissioners acknowledge that there is no internationally recognised method for precisely determining the amount of tax lost as a result of the illicit trade in cigarettes. However, Revenue estimates that approximately 20% of cigarettes consumed in Ireland in 2009 had not been taxed in Ireland. It is important to emphasise that this estimate would include both illicit cigarettes and legal cross-border purchases brought into the State for personal consumption.

Revenue would further tentatively estimate that this figure of 20% comprises 14% illicit product and 6% legal cross-border purchases. Based on an estimate of 14%, the loss of Excise duty to the exchequer from illicit cigarette consumption during 2009 would be in the region of €200m.

The strategy of the Revenue Commissioners for tackling this illicit trade is multi-faceted. It includes ongoing analysis of the nature and extent of the problem, developing and sharing intelligence on a national, EU wide and international basis, ongoing review of operational policies, development of analytics and deployment of detection technologies, optimum deployment of resources at points of importation and internally to intercept and seize the contraband product and to prosecute those involved.

Revenue officials are located at all key ports and airports and they are focused on the interception and seizure of illicit products at the point of importation. Revenue enforcement officers also target this illicit trade at the retail level by carrying out intelligence-based operations and random checks at retail outlets, markets and private and commercial premises.

Interception at the point of importation is achieved through a combination of risk analysis, profiling, intelligence, and the screening of cargo, vehicles, baggage and postal packages.

The Revenue Commissioners have also established a high level internal group, chaired at Commissioner level to examine the risks related to tobacco excise, and to monitor and optimise performance in relation to detection of counterfeit and contraband tobacco products. This group has promoted a number of initiatives aimed at counteracting the illicit trade in tobacco. These include improved profiling of passengers and freight to identify tobacco smugglers, the recent establishment of a tobacco hotline, coordinating national blitz-style operations, evaluation and acquisition of scanning and other detection technologies and learning from best practice internationally.

In recent years, Revenue has signed Memoranda of Understanding with two of the main cigarette manufacturers, ITL and JTI, to further cooperation in relation to the illicit tobacco trade. In addition, Revenue meets regularly with the trade association representing the leading tobacco companies as well as the four major global manufacturers.

The problem of tobacco smuggling is a global one and requires a very high level of international and inter-agency co-operation. In this regard Revenue's Customs Service works very closely with their colleagues in An Garda Síochána on a multi-agency basis and with enforcement agencies throughout the EU and with OLAF, the EU Anti-Fraud agency. This high level of co-operation has resulted in many successful detections of illicit products and in the prosecution of those responsible.

Earlier this month the Revenue Commissioners together with the European Anti-Fraud Agency (OLAF) co-hosted a conference in Dublin on the illicit tobacco trade. The conference, which was the first of its kind, brought investigators and prosecutors from all 27 member states together with their counterparts from law enforcement agencies from across the U.S.A. The conference recognised that the problem of illicit tobacco was a global concern.

Revenue's strategies in relation to the detection of tobacco-related offences are under continuous review. For example, in July of this year Revenue launched a nationwide tobacco operation, which concentrated additional Revenue resources at ports, airports and at various retail points for the sole purpose of identifying illicit tobacco products. This resulted in 561 seizures totalling 13.7m cigarettes and 195 kgs tobacco in the course of the two week period of the operation.

This multi-faceted approach that Revenue has adopted has resulted in the seizure of 148m cigarettes and more than 2,400 kgs of tobacco to date this year.

Follow-up investigations are also conducted with a view to identifying those responsible and instituting criminal proceedings where the necessary evidence has been obtained. In 2009 the Revenue Commissioners prosecuted 165 cases for various tobacco offences.

My Department, in consultation with the Revenue Commissioners, regularly review the legislative framework. For example, the penalties for tobacco offences were significantly increased in the Finance Act 2010 when the penalty for conviction on indictment increased from €12,695 to €126,950 or up to three times the duty paid value of the goods, whichever is the greater, and/or a term of imprisonment not exceeding five years.

Financial Services Regulation

Pat Rabbitte

Question:

37 Deputy Pat Rabbitte asked the Minister for Finance if he will provide an update on the progress made on the restructuring of an insurance group (details supplied); and if he will make a statement on the matter. [34052/10]

The position is that on 3 June the High Court granted the Joint Administrators permission to appoint advisers on any prospective sale of the company in question.

As a consequence of this appointment, a summary note of the business was circulated by the advisers to all interested parties in early July in order to establish the level of interest in purchasing the company. On the basis of the replies received the advisers on behalf of the Joint Administrators issued an information memorandum (27 August) on the sale of the company to interested parties which set out a two stage process for selecting a purchaser. The memorandum which represents the first stage required the submission of a non-binding indicative proposal by Friday 17 September. These are currently being examined.

I understand that following evaluation by the advisers and the Joint Administrators of the above mentioned proposals, a limited number of prospective purchasers will be selected to participate in Phase II of the sale process. They will be allowed to conduct further due diligence including the consideration of the necessary commercial information underlying the company to enable them make a final bid. As yet no details are available on timing.

National Pensions Reserve Fund

Mary Upton

Question:

38 Deputy Mary Upton asked the Minister for Finance if he envisages a role for the investment on a commercial basis, of funds in the National Pensions Reserve Fund in infrastructure projects here; if this will require amending legislation; and if he will make a statement on the matter. [34049/10]

The National Pensions Reserve Fund (NPRF) was established in 2001 under the National Pensions Reserve Fund Act 2000. The purpose in establishing the NPRF was to meet as much as possible of the cost to the Exchequer of social welfare pensions and public service pensions to be paid from the year 2025 until at least 2055.

The Act provided for the establishment of the National Pensions Reserve Fund Commission. The Commission is solely responsible for the control, management and investment of the assets of the Fund (other than assets which the Minister for Finance has directed the Commission to invest in a listed credit institution under the provisions of the Investment of the National Pensions Reserve Fund and Miscellaneous Provisions Act 2009) and for determining the investment strategy for the Fund in accordance with Fund investment policy. The Commission is required to invest the assets of the Fund so as to secure the optimal total financial return, having regard to the purpose of the Fund and the eventual requirements on the Fund to make payments to the Exchequer, provided the level of risk to the moneys held or invested is acceptable to the Commission. It is open to the Commission to invest in infrastructure projects by way of participation in a public-private partnership or by investment in infrastructure funds. The Commission would of course have to satisfy itself that the investment was in accordance with its investment mandate.

As regards NPRF investment in Irish infrastructure, I understand that the NPRF Commission completed a scheduled review of the Fund's Strategic Asset Allocation earlier this year in which the target infrastructure allocation, which includes Irish infrastructure, was increased from 2% to 5%. Furthermore, I note that, in a letter to the Committee of Public Accounts in March of this year, the National Treasury Management Agency stated that infrastructure, as a long-term investment, is a natural asset class for the NPRF and that the NPRF is keen to access PPP investments where the risk/return characteristics satisfy its statutory commercial investment mandate. Moreover, I understand that recent changes to the tendering process for PPPs will facilitate NPRF involvement in PPPs and that a number of opportunities are currently being explored.

In terms of investment in Ireland generally, the letter to the Committee of Public Accounts, referred to above, also stated that the NPRF is committed to supporting domestic investment where the investment terms satisfy its risk and return requirements. This commitment includes a particular focus on the venture capital sector and the NPRF has to date made a total commitment of €68 million to four Irish venture capital funds. In addition, the NPRF has been working closely with the Government and Enterprise Ireland on Innovation Fund Ireland.

State Banking Sector

Terence Flanagan

Question:

39 Deputy Terence Flanagan asked the Minister for Finance if he has ordered an investigation into Anglo Irish Bank to ensure that after the guarantee was provided to Anglo Irish Bank and prior to its nationalisation in 2009, securities held by the banks against its loan portfolio were adequately protected; and if he will make a statement on the matter. [33925/10]

I have been informed by the bank that it is not aware of any issues in relation to the adequacy of securities held by the Bank against its loan portfolio during the time period from the introduction of the Bank Guarantee in September 30th 2008 to Nationalisation on the 21st January 2009. The Bank has in place a series of controls to ensure loan security is adequately taken, held and is protected. The Bank also works with external legal advisers in this regard. Should any issue arise in the course of the extensive review of documentation associated with the transfer of assets to NAMA, through the bank's own review processes, or otherwise I will certainly order a full investigation by the appropriate authorities.

Fiscal Policy

Thomas P. Broughan

Question:

40 Deputy Thomas P. Broughan asked the Minister for Finance his views on the latest Exchequer returns. [34022/10]

Bernard J. Durkan

Question:

122 Deputy Bernard J. Durkan asked the Minister for Finance the extent to which the projections outlined and provided for in the current year’s budget are on target; and if he will make a statement on the matter. [34121/10]

I propose to take Questions Nos. 40 and 122 together.

The most recent Exchequer Returns covering the period to end-August show that the corrective budgetary actions taken by the Government to date are having a positive effect. The Exchequer Borrowing Requirement for 2010 was forecast to be of the order of €20 billion and developments so far are in line with this estimate. The Exchequer deficit at end-August was approximately €12.1 billion compared to €18.7 billion in the same period last year.

Tax revenues were just under €1.9 billion or 9% below the corresponding period in 2009 but this was in line with expectations. In total, just over €18.9 billion in tax receipts were collected in the first eight months of the year, just 0.7% below profile. Three of the largest tax-heads — VAT, corporation tax and excise duties were slightly above target in the period to end-August. The fourth — income tax — was somewhat weaker than anticipated in the first eight months of the year although receipts were above target in both July and August. The Budget forecast that taxes would be 6% below the 2009 outturn. Developments in the year to date are consistent with this view.

At end-August, total net voted expenditure, at some €29 billion, was just under €1.8 billion or 6% below the same period in 2009 demonstrating the impact of the expenditure control decisions taken by Government. Net voted current expenditure was 0.8% above target at €26.4 billion and was 1.6% down year-on-year. Net voted capital expenditure at end-August, at €2.6 billion, was down some 34% year-on-year and was some 24% below target. A considerable portion of this shortfall is due to timing and operational issues and it is anticipated that capital expenditure will pick up over the remainder of the year.

The Exchequer Returns for the period to end-September will be published by my Department on 4 October. At that stage, my Department will comment further on the likely end-year position.

Public Sector Staff

Michael D'Arcy

Question:

41 Deputy Michael D’Arcy asked the Minister for Finance the cost efficiencies from outsourcing some areas of service delivery following the Croke Park agreement; and if he will make a statement on the matter. [33928/10]

Joe Carey

Question:

62 Deputy Joe Carey asked the Minister for Finance his understanding of the commitment from the Government in the Croke Park agreement that compulsory redundancy will not apply within the public service, save when existing exit provisions apply; and if he will make a statement on the matter. [33907/10]

Michael D'Arcy

Question:

66 Deputy Michael D’Arcy asked the Minister for Finance the number of times the implementation body established by the Croke Park agreement to oversee performance verification has met; the outcomes of these meetings; and if he will make a statement on the matter. [33927/10]

I propose to take Questions Nos. 41, 62 and 66 together.

The Implementation Body provided for under the Public Service Agreement 2010 to 2014 (Croke Park Agreement) has met three times since July and will meet again today. In these meetings, the Body has concentrated on the implementation of the Agreement, including putting in place strong structures at sectoral level and seeking from public service management their action plans for the implementation of the provisions of the Agreement.

The plans, due for submission this week, will form an initial template for the implementation of the terms of the sectoral agreements which form part of the overall Agreement and set out a clear agenda for change within each sector. It is intended that these action plans will develop in a dynamic way over the four year period of the Agreement, in the context of Government policy on budgetary and other matters.

It is a matter for the Implementation Body to verify cost savings arising from the implementation of the Agreement, including any service delivery that may be provided on an outsourced basis under the terms of the Agreement.

The Agreement precludes compulsory redundancy, save where exit provisions are in place at present. This commitment was given by the Government on the basis that the redeployment arrangements in the Agreement are utilised as an alternative to redundancy where staff have become surplus for whatever reason in order to fill vacancies that are approved for filling in accordance with Government policy.

EU Directives

Lucinda Creighton

Question:

42 Deputy Lucinda Creighton asked the Minister for Finance if he will report on the progress of the Alternative Investment Fund Managers Directive; and if he will make a statement on the matter. [29680/10]

The Alternative Investment Fund Managers (AIFM) Directive proposal remains the subject of intense negotiation between the European Council, the European Parliament and the European Commission. Presently, it is envisaged that the European Parliament will vote on a compromise proposal on 18 October at its plenary meeting. Ireland is working constructively in this negotiation process.

By way of background, the proposed Directive has two main aims to establish a secure and harmonised EU framework for monitoring and supervising the risks that AIFMs pose to their investors, counterparties, other financial market participants and to financial stability; and to permit, subject to compliance to strict requirements, AIFMs to provide services and market their funds across the EU's internal market (the so-called "passport").

AIFMs manage hedge funds and private equity funds as well as commodity funds, real estate funds and infrastructure funds. The proposal is essentially aimed at the managers of any investment fund not covered of the Undertakings for Collective Investments in Transferable Securities or UCITS Directive. Sovereign wealth funds are not included within the scope of the proposal.

The proposal is part of the EU's efforts to reform the financial regulation environment in Europe aimed at ensuring that the recent economic and financial turmoil is not repeated.

Public Sector Staff

Dan Neville

Question:

43 Deputy Dan Neville asked the Minister for Finance the projections for public service numbers for 2010 to 2014, consistent with the Employment Control Framework and the Croke Park Agreement; and if he will make a statement on the matter. [33911/10]

The information for the years 2010 to 2012 is presented in table 1 below on a functional classification basis. The ceilings for 2013 and 2014 are currently under consideration and will take account of a number of key factors including the Croke Park Agreement and Government priorities in regard to public service provision.

Employment Control Framework 2010 to 2012*

Functional Classification

End 2010 — Ceilings

End 2011 — Ceilings

End 2012 — Ceilings

Total W.T.E.

310,172

307,869

306,805

Civil Service

37,376

37,100

36,591

Health Sector

109,100

107,580

106,060

Education

93,706

93,806

95,009

Justice

14,808

14,777

14,746

Defence

10,776

10,736

10,706

Local Authorities

32,237

32,212

32,187

NCSA’s

12,170

11,658

11,505

*Figures are based on a whole-time equivalent basis.

Bank Guarantee Scheme

Joanna Tuffy

Question:

44 Deputy Joanna Tuffy asked the Minister for Finance if he envisages the extension of the eligible liabilities guarantee scheme beyond end 2010; and if he will make a statement on the matter. [34048/10]

Kieran O'Donnell

Question:

143 Deputy Kieran O’Donnell asked the Minister for Finance if he intends to extend the eligible liabilities guarantee scheme beyond 31 December 2010. [34309/10]

I propose to take Questions Nos. 44 and 143 together.

The Deputies will be aware that a Statutory Instrument which extends the Eligible Liabilities Guarantee Scheme to 31 December 2010 was approved by both Houses of the Oireachtas yesterday. This is an important support to the Irish banking system, facilitating its access to both short and longer term funding to help maintain the overall stability of the banking sector and complements the broad Government Strategy to restore fully the banking system and maximise its contribution to overall economic recovery.

With regard to the situation beyond end 2010, my Department and the relevant state authorities along with the EU Commission will continue to monitor market developments over the coming months so as to confirm that the Guarantee continues to underpin the core principles of financial stability and funding access for the financial institutions. Approval for the continued provision of financial support under this Scheme must be sought from the European Commission every six months in accordance with EU State aid requirements.

Tax Code

John Deasy

Question:

45 Deputy John Deasy asked the Minister for Finance the timetable for the delivery of his promise to publish a paper setting out the options for the introduction of a universal social contribution in advance of budget 2011; if this paper will include an analysis of the impact of this new tax on work incentives for the unemployed and the low paid; and if he will make a statement on the matter. [33918/10]

As the Deputy will be aware, I announced in the last Budget that, with a view to restoring balance in the income tax system, to simplify it, to make it fairer and more broadly based, I intended to introduce a new system of just two charges on income.

The possible parameters of such a system and potential impacts on individuals have been under active examination by my Department in consultation with the Department of Social Protection, the Revenue Commissioners and other Departments concerned. A Steering Group and a number of working groups were established to carry out the necessary research. I expect to see the Group's report shortly.

On receipt of this report, and having considered its contents, I will then decide on the possible publication of a discussion paper on the issue.

Eamon Gilmore

Question:

46 Deputy Eamon Gilmore asked the Minister for Finance his views on the introduction of a financial transactions tax at EU level; and if he will make a statement on the matter. [34033/10]

Consideration of how to ensure that the financial sector contributes to the cost of dealing with crises is underway in various fora internationally including the EU. The European Council in June agreed that EU Member States should introduce systems of levies and taxes on financial institutions to ensure fair burden-sharing and to set incentives to contain systemic risk. The Council called for careful assessment of the main features and issues of level playing field and cumulative impacts and invited the Council and the Commission to take this work forward and report back in October.

The IMF report to the G20 in June analysed various options including a financial transaction tax and proposed two possible contributions from the financial sector: a Bank Levy, or "Financial Stability Contribution" levy (FSC), to pay for the fiscal cost of government support of the sector; and a tax on financial transactions which involved two options, a Financial Transactions Tax (FTT), charged on financial transactions undertaken by financial institutions covering dealings by those institutions in stock, bonds and derivative transactions in exchanges as well as instruments traded "over the counter" rather than in a recognised exchange, but not transactions undertaken by individuals and businesses, or a Financial Activities Tax (FAT), a broader tax levied on the profits and remuneration of financial institutions, which is sometimes described as a form of VAT on financial institutions by targeting the ‘added value' of the services they provide (there is no VAT on financial services in the EU).

In a May 2010 Communication, the European Commission supported the establishment of ex ante resolution funds, funded by a levy on the banks to facilitate the managed failure of ailing banks in an orderly manner and suggests that a resolution fund should form part of the toolbox of measures available to Member States in an EU crisis management framework. An objective of the Commission’s proposal, in conjunction with its wider proposals on a crisis management system, is to mitigate the burden on the taxpayer arising from financial crises.

This is a complex area and careful consideration is being given at EU level to the issues involved. Ireland is of course participating in those deliberations.

In my dealing with the banks, I have clearly maintained the principle that the banks will contribute to the cost of State's support — the banks have been charged for the Government's guarantee of their liabilities and the NAMA Act provides for a levy on the banks should NAMA result in a loss for the taxpayer. In the context of the enhancement of supervision and the restructuring of the banking sector underway in Ireland it is my intention to ensure that the sector contributes its appropriate share, thereby minimising as much as possible taxpayers' exposure to potential costs arising from State support of the banking sector.

Tax Yield

Emmet Stagg

Question:

47 Deputy Emmet Stagg asked the Minister for Finance if he will provide an estimate for 2010 of the level of tax revenue foregone resulting from the legacy costs of property related tax reliefs; and if he will make a statement on the matter. [34046/10]

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

12.3

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 year 2010 in relation to the above-mentioned reliefs.

Debit Card Charges

David Stanton

Question:

48 Deputy David Stanton asked the Minister for Finance his views on the imposition of handling charges or booking fees for laser card transactions; and if he will make a statement on the matter. [33905/10]

I understand the Deputy is referring to transaction-based charges imposed by merchants at the point of sale for the use of debit or credit cards as a payment instrument.

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.

The imposition of handling charges or booking fees is a matter for each retailer who chooses to offer card transactions. Such fees may reflect a variety of factors, including the price charged by the retailer's bank to offer laser card services.

While I am conscious of the additional cost to consumers arising from such charges, I should point out that in the event that retailers were unable to reflect their own costs, they may choose not to accept payment using debit or credit cards. This could result in increased use of paper-based payment instruments, a development which would run counter to the Government's objective of encouraging the use of electronic payment methods.

The Deputy may wish to be aware that, notwithstanding the above, the Consumer Protection Act 2007, which is under the remit of my colleague, the Minister for Enterprise, Trade and Innovation, Minister Batt O'Keeffe, T.D, may apply in the scenario referred to in the question. The National Consumer Agency is statutorily responsible for enforcing the provisions of that Act and should be consulted for advice in relation to specific cases.

National Pensions Reserve Fund

Aengus Ó Snodaigh

Question:

49 Deputy Aengus Ó Snodaigh asked the Minister for Finance the amount of funds in the National Pension Reserve Fund; and if he will make a statement on the matter. [34069/10]

The National Pensions Reserve Fund was established on 2 April 2001 under the National Pensions Reserve Fund Act 2000 with the objective of meeting as much as possible of the cost to the Exchequer of social welfare pensions and public service pensions to be paid from the year 2025 until at least 2055.

The National Pensions Reserve Fund Commission — who control and manage the Fund — publish a report on the performance of the NPRF as of the end of each quarter on the Commission's website www.nprf.ie. The most recent such report, to 30 June 2010, valued the Fund at €24.1 billion.

The value of the discretionary portfolio (investments made under the Fund's investment policy and for which the Commission is responsible) was €17.3 billion as of 30 June 2010. The value of the investments in Bank of Ireland and Allied Irish Banks plc, made by the Fund at the direction of the Minister for Finance, was €6.8 billion at the same date. This latter figure does not include €491 million in cash received by the NPRF in return for the cancellation of the warrants issued by Bank of Ireland in conjunction with the preference stock. This warrant cancellation formed part of the NPRF's participation in the capital-raising exercise announced by Bank of Ireland on 26 April 2010. This receipt has been allocated to the Fund's discretionary portfolio.

State Banking Sector

Damien English

Question:

50 Deputy Damien English asked the Minister for Finance when his attention was first drawn to the fact that €15 million in cash held by Anglo Irish Bank as security against loans to a person (details supplied) has been moved to act as security against other loans owed by family members of that person; the steps he has taken to ensure that the taxpayers’ interests were protected in these transactions; and if he will make a statement on the matter. [33924/10]

As the Deputy will appreciate this matter relates to a specific individual as such I am obliged to respect all clients' confidential relationships with their respective banks. Therefore I am unable to disclose this specific information.

The Deputy will be aware that the financial affairs of the individual referred to are currently subject to Court proceedings and as such it would not be appropriate for me to make any further comment on the matter.

Public Sector Staff

Tom Hayes

Question:

51 Deputy Tom Hayes asked the Minister for Finance the number of staff across the public sector at principal officer grade or equivalent in 2000 and 2009; and if he will make a statement on the matter. [33917/10]

According to our records, there were approximately 845 Principal Officer and equivalent grades in the Civil Service in 2000 compared with 1,322 in 2009. However, because of changes in grading and organisational structures across the Civil Service in the intervening period between 2000 and 2009, these figures cannot be directly compared. Excluding the equivalent grades, a more direct comparison would be that in 2000 there were 462 Principal Officers (Standard & Higher Scales) compared with 709 (Standard & Higher Scales) in 2009. This number has since declined to 682 in Summer 2010.

As regards the wider public service, information of this nature had not been generally reported to my Department in the past as the focus had been on overall numbers. Therefore, I am not in a position to provide any information in relation to 2000. However, following the establishment of a new public service monitoring system during 2009, information along the lines sought by the Deputy has started to be reported to my Department. They are mutual data only and I will communicate with the Deputy when the information is fully collated and analysed.

Price Inflation

Brian O'Shea

Question:

52 Deputy Brian O’Shea asked the Minister for Finance his views on the recent return of annualised price inflation; and if he will make a statement on the matter. [34034/10]

Recently published data show that in the year to August, consumer prices increased by 0.2 per cent, the first annual increase in prices since end-2008. This was not unexpected, and a number of factors, including higher mortgage interest costs and base effects, contributed to the increase.

The EU measure of consumer prices — the harmonised index of consumer prices (HICP) — remains in negative territory, with prices on this measure falling by 1.2 per cent in the year to August. This compares with a positive annual rate in the euro area, and shows that our competitiveness is improving.

State Banking Sector

Joan Burton

Question:

53 Deputy Joan Burton asked the Minister for Finance if he is in a position to provide certainty on the total bill for taxpayers for the recapitalisation of Anglo Irish Bank; and if he will make a statement on the matter. [34058/10]

On the 8th of September last I announced the Government's decision on the restructuring and resolution of Anglo Irish Bank, which remains subject to European Commission approval.

This envisages the splitting of the bank into two licensed and regulated credit institutions: an Asset Recovery Bank focussed on recovering maximum value for the State from the loan assets and business of Anglo not being transferred to NAMA and a Funding Bank to fully safeguard Anglo's deposit base. It is important to note that this restructuring is not a cessation of business.

As I indicated in my Statement the Central Bank has completed its assessment of the capital required by the new structure. A statement has been issued by the Central Bank which details the capital required in a base case and in a stressed scenario and provides an explanation of the approach and methodology adopted to determine the bank's capital requirements.

The Central Bank has determined and advised the Bank that in the central — or expected loss case — an additional €6.4bn in total capital will be needed for the Recovery Bank and Funding Bank structure to continue to meet the minimum capital requirements in the coming years consistent with Basel rules.

A total of €22.9bn has already been provided by the State since the bank was nationalised early in 2009. This additional capital requirement brings the projected total gross cost of the restructuring of Anglo Irish Bank to €29.3bn.

This additional capital will be provided by increasing the Promissory Note issued by the State and by appropriate burden-sharing exclusively by holders of Anglo subordinated debt instruments as outlined in my Statement.

The Central Bank has also undertaken a stress test on Anglo building on the PCAR analysis carried out for the other banks earlier in the year. The Central Bank has determined that on the basis of severe stress assumptions — including a 70% discount on the remainder of Anglo's NAMA loans– the stress case level of losses in Anglo Irish Bank could potentially be €5bn. higher than in the expected case of €29.3bn.

The stress case indicates the upper boundary of the level of losses. It does not represent the Central Bank's expectation of the likely outcome.

The Government will therefore capitalise the new structure to the expected case requirement of €29.3 billion.

It will be a priority for authorities to press ahead with the restructuring of the bank with a view to achieving the split of the bank early in 2011. I will continue close consultation with the European Commission and in particular with Commissioner Almunia with the aim of providing in the next month all elements necessary to bring the Commission's assessment of the restructuring plan to a positive conclusion. This should allow the matter to be settled through a formal Commission decision on a timely basis.

Tobacco Smuggling

Jim O'Keeffe

Question:

54 Deputy Jim O’Keeffe asked the Minister for Finance the estimated annual cost to the Exchequer arising from cigarette smuggling; and if he has any further proposals to deal with same. [34072/10]

I am informed by the Revenue Commissioners who are responsible for the collection of tobacco products tax, and for tackling the illicit trade in cigarettes and tobacco products that the information requested by the Deputy is as follows.

Firstly, the Revenue Commissioners acknowledge that there is no internationally recognised method for precisely determining the amount of tax lost as a result of the illicit trade in cigarettes. However, Revenue estimates that approximately 20% of cigarettes consumed in Ireland in 2009 had not been taxed in Ireland. It is important to emphasise that this estimate would include both illicit cigarettes and legal cross-border purchases brought into the State for personal consumption.

Revenue would further tentatively estimate that this figure of 20% comprises 14% illicit product and 6% legal cross-Border purchases. Based on an estimate of 14%, the loss of Excise duty to the exchequer from illicit cigarette consumption during 2009 would be in the region of €200m.

The strategy of the Revenue Commissioners for tackling this illicit trade is multi-faceted. It includes ongoing analysis of the nature and extent of the problem, developing and sharing intelligence on a national, EU wide and international basis, ongoing review of operational policies, development of analytics and deployment of detection technologies, optimum deployment of resources at points of importation and internally to intercept and seize the contraband product and to prosecute those involved.

Revenue officials are located at all key ports and airports and they are focussed on the interception and seizure of illicit products at the point of importation. Revenue enforcement officers also target this illicit trade at the retail level by carrying out intelligence-based operations and random checks at retail outlets, markets and private and commercial premises.

Interception at the point of importation is achieved through a combination of risk analysis, profiling, intelligence, and the screening of cargo, vehicles, baggage and postal packages.

The Revenue Commissioners have also established a high level internal group, chaired at Commissioner level to examine the risks related to tobacco excise, and to monitor and optimise performance in relation to detection of counterfeit and contraband tobacco products. This group has promoted a number of initiatives aimed at counteracting the illicit trade in tobacco. These include improved profiling of passengers and freight to identify tobacco smugglers, the recent establishment of a tobacco hotline, coordinating national blitz-style operations, evaluation and acquisition of scanning and other detection technologies and learning from best practice internationally.

In recent years, Revenue has signed Memoranda of Understanding with two of the main cigarette manufacturers, ITL and JTI, to further cooperation in relation to the illicit tobacco trade. In addition, Revenue meets regularly with the trade association representing the leading tobacco companies as well as the four major global manufacturers.

The problem of tobacco smuggling is a global one and requires a very high level of international and inter-agency co-operation. In this regard Revenue's Customs Service works very closely with their colleagues in An Garda Síochána on a multi-agency basis and with enforcement agencies throughout the EU and with OLAF, the EU Anti-Fraud agency. This high level of co-operation has resulted in many successful detections of illicit products and in the prosecution of those responsible.

Earlier this month the Revenue Commissioners together with the European Anti-Fraud Agency (OLAF) co-hosted a conference in Dublin on the illicit tobacco trade. The conference, which was the first of its kind, brought investigators and prosecutors from all 27 member states together with their counterparts from law enforcement agencies from across the U.S.A. The conference recognised that the problem of illicit tobacco was a global concern.

Revenue's strategies in relation to the detection of tobacco-related offences are under continuous review. For example, in July of this year Revenue launched a nationwide tobacco operation, which concentrated additional Revenue resources at ports, airports and at various retail points for the sole purpose of identifying illicit tobacco products. This resulted in 561 seizures totalling 13.7m cigarettes and 195 kgs tobacco in the course of the two week period of the operation.

This multi-faceted approach that Revenue has adopted has resulted in the seizure of 148m cigarettes and more than 2,400 kgs of tobacco to date this year.

Follow-up investigations are also conducted with a view to identifying those responsible and instituting criminal proceedings where the necessary evidence has been obtained. In 2009 the Revenue Commissioners prosecuted 165 cases for various tobacco offences.

My Department, in consultation with the Revenue Commissioners, regularly reviews the legislative framework. For example, the penalties for tobacco offences were significantly increased in the Finance Act 2010 when the penalty for conviction on indictment increased from €12,695 to €126,950 or up to three times the duty paid value of the goods, whichever is the greater, and/or a term of imprisonment not exceeding five years.

Tax Code

Caoimhghín Ó Caoláin

Question:

55 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance his views on whether low income families should be subject to direct taxation; his views on whether there is scope to introduce a third level of direct tax on high income earners; and if he will make a statement on the matter. [34066/10]

In my Budget 2010 speech last year, I stated that the income tax system had become imbalanced. It is estimated that in 2010, approximately 45% of income earners will be exempt from tax and 42% of income earners will pay tax at the standard rate. I consider that this shift in the income tax burden is unsustainable and the income tax base needs to be widened.

As I also stated in Budget 2010, with a view to restoring balance in the income tax system, to simplify it, to make it fairer and more broadly based, I intended introducing a new universal social charge that would be paid by everyone at a low rate on a wide base.

With regard to the introduction of a third rate of tax for those with high incomes, the position is that the Irish taxation system already has provisions that apply to such individuals with high incomes viz. the 5% health levy rate on income over €75,036 per annum and the 6% income levy rate on income over €174,980 per annum. In fact, in 2008 the top marginal rates for PAYE employees and the self-employed were 43.5% and 46.5% respectively. Today the top marginal rates are 52% and 55%.

As you will appreciate, it is a long standing practice of the Minister for Finance not to comment in advance of the Budget on any tax or expenditure matters that might be the subject of Budget decisions.

Outward Migration

Emmet Stagg

Question:

56 Deputy Emmet Stagg asked the Minister for Finance his forecast for net migration patterns here for 2010 and 2011; the way he expects these patterns to impact on tax revenues, welfare payments, demand for and cost of public service provision; the overall Exchequer position; and if he will make a statement on the matter. [34045/10]

At Budget time last year, my Department assumed net outward migration of 45,000 this year and net outward migration of 10-15,000 next year.

Clearly this will have an impact on the public finances, with both the revenue and expenditure sides of the Government's balance sheet being affected. All these impacts have been factored into fiscal projections.

Recently released figures from the CSO show that net outward migration in the year to April 2010 was minus 34,500. Additionally, it should be noted that the natural increase in the population is at its highest rate since at least 1987, which is an encouraging pointer to the overall sustainability of the Irish economy over the longer term.

My Department will provide revised macro-economic forecasts in the Pre-Budget Outlook in October.

Bank Guarantee Scheme

Aengus Ó Snodaigh

Question:

57 Deputy Aengus Ó Snodaigh asked the Minister for Finance the detail of the meetings he conducted on the day of the bank guarantee on 29 September 2008; the information that was made available to him, his Department and the Taoiseach in relation to the solvency at Anglo Irish bank; and if he will make a statement on the matter. [34068/10]

Given the strong constitutional protection of the confidentiality of Cabinet discussions I am constrained in what I can reveal about the meetings that took place on 29/30 September 2008. The application of this protection to the records of meetings on 29/30 September was upheld by the Information Commissioner in her decision of 22 January 2010 (Case 090028). The Information Commissioner's published decision indicates that she was satisfied the primary purpose of the information exchanged at the meetings was for the conducting of an incorporeal meeting of the Government held on 30 September 2008. On that basis the Commissioner decided that the records were prohibited from release under section 19(1) (c) of the Freedom of Information Act.

It is public knowledge that in meetings held over the course of 29 September and into the early hours of 30 September the appropriate response to the difficulties facing Irish banks was discussed. As well as the Taoiseach and myself, these meetings also involved the Attorney General, the Governor and Director General of the Central Bank, the Chairman and Chief Executive Officer of the Financial Regulator, senior officials from the Departments of the Taoiseach and Finance and the NTMA, legal advisors and the Chairmen and CEOs of AIB and Bank of Ireland.

Regarding the solvency position of Anglo Irish Bank, I would note that the focus of the discussions on 29 September was on dealing with the severe liquidity difficulties facing the banks. Detailed information regarding the capital position of the banks, including Anglo Irish Bank, such as the PwC reports subsequently completed and published, was not available at that time and while it was clear that Anglo was experiencing difficulties, the extent of Anglo's capital problem was not evident at that time.

Banks Recapitalisation

Ruairí Quinn

Question:

58 Deputy Ruairí Quinn asked the Minister for Finance if he will provide an update regarding the progress made with the recapitalisation of Allied Irish Banks, its disposal of assets, suggestions that the recapitalisation timescale could be altered; and if he will make a statement on the matter. [34037/10]

In my statement on banking this morning, I have provided a comprehensive report on the capital needs of AIB and have outlined how these capital needs will be met.

To date, AIB has announced the sale of its Polish subsidiary BZWBK which is expected to generate capital of €2.5bn, leaving a further €4.9bn to meet the capital target of €7.4bn set by the Financial Regulator on 30 March 2010.

As I announced earlier today, the Financial Regulator has assessed that AIB will require a further €3bn in capital to allow for higher discounts on remaining NAMA transfers, this added to the outstanding €4.9bn to be raised to meet the existing Financial Regulators PCAR requirement will bring AIB's total capital requirement to €7.9bn.

Of this €5.4bn is to be raised through a placing and open offer to shareholders underwritten by the NPRFC. If necessary, the NPRFC's underwriting commitment will be met by the conversion of up to €1.7bn of the State's existing preference shareholding and the investment of the NPRFC's cash balance.

In the event that the bank's residual capital requirement is not met through asset disposals, it may be met from a subsequent conversion of the remaining €1.8bn. preference shares to the extent that this may prove necessary.

Mortgage Arrears

Pat Breen

Question:

59 Deputy Pat Breen asked the Minister for Finance his plans to introduce measures to protect householders whose mortgage payments are in default; and if he will make a statement on the matter. [33909/10]

The Deputy will be aware of the Government's commitments to Protecting the Family Home and Helping Those in Debt under the Renewed Programme for Government and the existence of the Mortgage Arrears and Personal Debt Expert Group (Expert Group) which I established last February to give effect to those commitments. Central to the Experts Group’s terms of reference is a requirement to make recommendations to me on options for improving the current situation for families with mortgage arrears and personal debt.

The Expert Group has completed the first phase of its work and submitted an Interim Report to me in July www.finance.gov.ie. The Interim Report's key recommendations address the issues of communication between householders in arrears and their lenders, and the need for a more consistent assessment process by lenders of borrowers in difficulty in the form of an industry-wide Mortgage Arrears Resolution Process (MARP) including a range of forbearance measures. The recommendations have been accepted in full by the Government and action is being taken to bring them into effect.

The Expert Group is now in the process of addressing the more complex issues of homeowners who are facing long term difficulties in meeting their mortgage and personal debt commitments and will make recommendations to me at the end of next month which will build on the Interim Report's recommendations to provide an integrated package of solutions to address the various circumstances that borrowers are now finding themselves in.

As has been stated on many occasions in this House, it is a priority of the Government to ensure as far as possible that difficulties in relation to mortgage arrears do not result in legal proceedings for home repossession. I am confident that the support measures being taken by Government, including the Code of Conduct on Mortgage Arrears, the Mortgage Interest Subsidy Scheme and the services provided by MABS, are having a positive effect in this regard. However, I will await the final recommendations of the Expert Group before deciding on options for improving existing supports.

Public Sector Staff

Noel Coonan

Question:

60 Deputy Noel J. Coonan asked the Minister for Finance if he is considering voluntary redundancy arrangements within the public sector to facilitate the rationalisation of public bodies; the provisions that would apply; and if he will make a statement on the matter. [33916/10]

There are no such proposals before Government at present.

Banking Sector Regulation

Liz McManus

Question:

61 Deputy Liz McManus asked the Minister for Finance if he will provide an update on the progress made with the restructuring and consolidation of the banking system; and if he will make a statement on the matter. [34030/10]

The State's primary consideration in its involvement in the banking system is to protect, in the public interest, the financial and economic system of the State. Therefore, all the Government's actions in the banking area are designed to support the development of a reformed and reinvigorated banking system that can serve our economy in a proper manner and, within which, there is scope for all viable credit institutions operating in the Irish market to play their full part. The State has taken over institutions in distress to protect the financial stability of the banking system. Financial institutions, with the help of the State, are seeking to ensure they meet the required capital needs which should lead to stable financial institutions.

Question No. 62 answered with Question No. 41.

National Debt

Eamon Gilmore

Question:

63 Deputy Eamon Gilmore asked the Minister for Finance the average sovereign interest rate assumed in the elaboration of the estimated spending on servicing the national debt as set out in the most recent stability programme update; the annual cost to the Exchequer for every 100 basis point increase in this interest rate; and if he will make a statement on the matter. [34032/10]

The National Treasury Management Agency (NTMA) has advised that, as is usual, the estimates for debt servicing costs in the Stability Programme Update were prepared on the basis of the market conditions for Irish Government bonds prevailing at the time of the preparation of the Budget. For reasons of commercial sensitivity, the NTMA does not disclose the assumptions underlying the estimates.

The funding requirement for 2010 was some €20 billion. The NTMA estimate that a 100 basis point increase in rates would lead to an increase cost of €200 million for a full year. However as a result of the NTMA's policy of locking in long-term funding at historically low rates over the last number of years, over 95% of the debt now outstanding carries fixed rates of interest. With the September auction, the NTMA achieved its target of raising €20 billion in long-term funding from the bond markets in 2010. This funding is fixed at a weighted average cost of 4.7% which is the same as the average cost achieved in 2009.

Departmental Staff

Jim O'Keeffe

Question:

64 Deputy Jim O’Keeffe asked the Minister for Finance the steps he has taken to strengthen expertise in his Department in relation to banking and otherwise; and if he will make a statement on the matter. [34073/10]

In October 2009, the Government approved the appointment of a banking analyst, with extensive knowledge and experience in the banking field, on a 3 year employment contract. This specialist has a Bachelor of Commerce degree, and also a Masters in Economic Science. In addition, my Department has recently secured the services (since 1 March 2010) of a banking accountant for a period of 12 months through an agreed secondment arrangement, at no cost to my Department. He has a B. Comm degree, and is also a qualified accountant. The Department has also engaged, on secondment from the Office of the Attorney General, a Senior Legal Advisor to the Department solely on financial services matters. The Legal Advisor has Bachelor of Civil Law and Barrister at Law degrees, and in addition to his experience in the Office of the Attorney General, he spent a number of years as a barrister in private practice. Finally, in July last, the Government approved the appointment of a Senior Economist on a 3 year employment contract.

Since 2008, the staffing levels in the Financial Services Division of my Department within which responsibility for banking lies, have increased from 34.20 to 51.73 (whole time equivalents) in 2010 — a 51.5% increase. In addition, as the Deputy will be aware, I have looked at my overall resources on banking and have reallocated considerable functions to the NTMA, which has also engaged a number of new banking experts for this purpose. Overall, therefore, my resources in relation to the banking area, including specialist expertise, have increased significantly, and will be kept under review.

Fiscal Policy

Arthur Morgan

Question:

65 Deputy Arthur Morgan asked the Minister for Finance his view on whether a stimulus package is necessary to lift the economy and to create jobs; and if he will make a statement on the matter. [34062/10]

The restoration of sustainable public finances is a key prerequisite to returning the economy to growth. Ireland remains fully committed to reducing our deficit to below 3% of GDP by end-2014. It is important that we have a credible path to show how we propose to meet this commitment. Accordingly, work is underway on a four-year plan that will set out the annual measures required to restore order to the public finances and bring the deficit below 3% of GDP by end-2014. The four-year plan will be published in early November taking account of the latest economic and fiscal data.

In order to fully underline the strength of our resolve, we will make a significant consolidation effort in 2011. As part of the four year plan we will be incorporating, at a sectoral level, additional measures which will assist the strategy for recovery and jobs being pursued by the Government. As stated by the Taoiseach this week at the launch of Trading and Investing in a Smart Economy, jobs are the central priority of Government policy. The focus of all in Government is firmly fixed on improving the fiscal and economic position and at the same time on ensuring that, as far as possible, we protect the economy and generate employment.

Question No. 66 answered with Question No. 41.

State Boards

Fergus O'Dowd

Question:

67 Deputy Fergus O’Dowd asked the Minister for Finance the steps he is taking to compel directors of State companies to appear before their sectoral Oireachtas committees when requested; and if he will make a statement on the matter. [27261/10]

Fergus O'Dowd

Question:

72 Deputy Fergus O’Dowd asked the Minister for Finance if he will amend legislation to compel directors of State boards to appear before the sectoral committees when requested; and if he will make a statement on the matter. [26647/10]

I propose to take Questions Nos. 67 and 72 together.

The Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act, 1997, provides the necessary legislative framework to compel persons to attend before Oireachtas Committees, once the relevant Committee has the appropriate powers conferred on it by the Oireachtas. I have no plans at present to bring forward amendment proposals in relation to appearance by Directors of State Boards before such Committees.

Unemployment Levels

Thomas P. Broughan

Question:

68 Deputy Thomas P. Broughan asked the Minister for Finance his views on the recently published quarterly national household survey for Q2, 2010, including recent trends in employment, long-term unemployment, labour market participation and migration; and if he will make a statement on the matter. [34021/10]

The recent release of the Quarterly National Household Survey for the second quarter of this year provided further evidence of the stabilisation of the labour market. The year-on-year decline in employment in the second quarter of 2010, while unwelcome, was not unexpected. It was, it should be noted, the smallest annual decline in employment since Q3 2008. Last week's Quarterly National Household Survey release shows that there was a small quarter-on-quarter increase in employment in the second quarter of 2010. Although seasonal factors account for this upturn, nevertheless, the trend is encouraging.

This Government is particularly concerned at the growing rate of long-term unemployed. Upskilling and retraining this group, in particular, will continue to be a priority for this Government, while schemes, such as the PRSI job incentive scheme for employers, continue to focus on creating new jobs for people who have been unemployed for six months or more. The recent employment data highlight the considerable work that still needs to be done. This Government will continue to focus on improving our price and labour cost competitiveness which is a necessary condition for improving the labour market. Ireland's participation rate eased to 61.1 per cent in Q2 2010, in part, due to unemployed people returning to the education system. It should be noted that in Q1 2010, Ireland's participation rate was still significantly higher than the EU or euro area averages.

Separately, the CSO also recently released its Population and Migration Estimates for April 2010. Gross outward migration in the year to April 2010 was virtually unchanged from last year. The high level of net outward migration recorded is due to a sharp fall in inward migration. Additionally, it should be noted that the natural increase in the population is at its highest rate since at least 1987, which is an encouraging pointer to the overall sustainability of the Irish economy over the longer term.

Pension Provisions

Bernard Allen

Question:

69 Deputy Bernard Allen asked the Minister for Finance his estimate of the accrued liability of public sector pensions at the end of 2009 and 2010; his views on policy developments in the area of public sector pensions; and if he will make a statement on the matter. [33915/10]

The latest estimate for the gross accrued liability for public service occupational pensions is €116bn as of December 2009. This estimate is set out in the recent annual report of the Comptroller and Auditor General. This figure was arrived at on the basis of a detailed actuarial valuation of public service schemes in the light of present terms and conditions. The valuation followed the approach set out in the new accounting standard issued by the International Public Sector Accounting Standards Board, IPSAS 25.

This accrued liability figure of €116bn is a single monetary amount representing the present value of all expected future superannuation payments to current staff and their spouses in respect of service to date, plus the full liability for all future payments to current pensioners and to their spouses. The large size of the figure is due to the fact that it represents a projection of aggregate pension payments that will be spread over perhaps 70 years into the future.

The estimate of the accrued liability should not be confused with the actual cash funding that will be required in the future. The more meaningful measure of public service pension costs is the actual annual gross outgo on pensions which amounted to 1.6% of GNP in 2009. Based on the C&AG Report in 2008 this outgo is projected to rise to 3.9% of GNP by 2058. The projected increase arises from the growth in public service employment in the past and from increasing longevity.

In Budget 2010, the Minister for Finance announced the introduction of a new single pension scheme for all new entrants to the public service — the new scheme will [a] raise the minimum pension age to 66 years initially and then link it to the changes in the state pension outlined in the National Pension Framework, [b] set a maximum retirement age of 70 years, and [c] provide for pensions on a ‘career average' rather than a final salary basis as at present. The new scheme will provide reasonable pensions for staff in their retirement, while at the same time ensuring substantial longer-term expenditure savings.

Following the ‘Croke Park Agreement' [Public Sector Agreement 2010-2014] and the clarifications provided by the Government on pensions and other issues, work is underway on the necessary legislation for the new scheme. The Minister intends to present the draft Bill to the Government for a final decision on publication before the end of the year. Subject to approval by the Oireachtas, the scheme will be in place for new entrant employees in 2011.

Tax Yield

Caoimhghín Ó Caoláin

Question:

70 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the percentage of indirect taxation in the State in comparison with both the EU average and other EU member states; and if he will make a statement on the matter. [34067/10]

The Eurostat and European Commission publication "Taxation Trends in the European Union, 2010 edition", contains inter alia information on indirect taxes as a percentage of total taxation. Based on that publication the table below sets out the data on indirect taxes as a percentage of total taxation for each Member State and the EU weighted average for 2008, the most recent year for which data is provided.

It has to be recognised that the overall level, composition and structure of taxation vary considerably between Member States. In that regard it should be noted that in 2008 while indirect taxes, by EU definitions, accounted for 42.5% of total taxation in Ireland and 33.9% in the EU (weighted average), when expressed as a proportion of GDP indirect taxes represented 12.4% of GDP in Ireland compared to 13.4% in the EU (weighted average).

Indirect Taxes as Percentage of Total Taxation in 2008

Member States

%

Belgium

29.6

Bulgaria

55.7

Czech Republic

31.4

Denmark

36.0

Germany

32.6

Estonia

38.7

Ireland

42.5

Greece

38.0

Spain

30.8

France

35.1

Italy

32.8

Cyprus

47.4

Latvia

38.3

Lithuania

39.5

Luxembourg

33.7

Hungary

39.6

Malta

43.6

Netherlands

32.4

Austria

33.7

Poland

42.0

Portugal

40.5

Romania

42.7

Slovenia

38.4

Slovakia

36.9

Finland

30.6

Sweden

39.1

United Kingdom

33.0

EU Weighted Average

33.9

Source: Eurostat and European Commission (Taxation and Custom Union) Taxation Trends in the European Union — 2010 Edition.

Question No. 71 answered with Question No. 19.
Question No. 72 answered with Question No. 67.

Tax Code

Deirdre Clune

Question:

73 Deputy Deirdre Clune asked the Minister for Finance if he has undertaken to review the incremental spend requirement in respect of research and development tax credits in view of the recommendation of the innovation taskforce report to remove this requirement; when this recommendation will be implemented; and if he will make a statement on the matter. [34070/10]

The Report of the Innovation Taskforce, published on 11th March 2010, recommended that the incremental spend requirement of the Research and Development (R&D) tax credit scheme should be removed entirely, making the scheme volume-based in terms of rewarding R&D expenditure. The scheme was introduced in 2004 and provides for a tax credit of 25% of the increase in expenditure incurred by a company on R&D as compared to its expenditure in a base year which is 2003. The purpose of the scheme is to encourage additional or incremental R&D spend by companies. For companies who commenced to incur expenditure on R&D after 2003, the base year expenditure is nil and all of its R&D expenditure will qualify for the 25% credit.

The Taskforce's recommendation in this area would involve an additional "deadweight" cost to the Exchequer in respect of R&D expenditure that had been incurred without the need for a fiscal stimulus. Indeed this fact is acknowledged in the Report. It is my strong view that implementing this recommendation would represent poor value for public expenditure, particularly in the current economic environment. Accordingly, I have no plans to review the incremental expenditure requirement for the scheme, given the obvious deadweight costs involved.

Fiscal Policy

Joanna Tuffy

Question:

74 Deputy Joanna Tuffy asked the Minister for Finance his views on the maximum fiscal adjustment for 2011; and if he will make a statement on the matter. [34047/10]

Kieran O'Donnell

Question:

145 Deputy Kieran O’Donnell asked the Minister for Finance the total budget deficit reduction in value terms; the balance between spending savings on the current and on the capital side and the additional tax measures which will be contained in his forthcoming budget; and if he will make a statement on the matter. [34311/10]

I propose to take Questions Nos. 74 and 145 together.

Work is under way on a four-year budgetary plan that will set out the annual measures required to restore order to the public finances and ensure we meet the commitment we have given to reduce the General Government Deficit to below 3% of GDP by the end of 2014. Restoring sustainability to the public finances is essential to underpin future economic growth. My Department will continue to assess the most up to date economic and fiscal data and its implications for the fiscal consolidation process in the coming years as it prepares the four year plan. An adjustment above the €3 billion will be required next year but it would be premature for me to get into details today about the extent of the additional consolidation required or its broad composition as between adjustments in capital or current spending or taxation measures.

Bank Gaurantee Scheme

Bernard J. Durkan

Question:

75 Deputy Bernard J. Durkan asked the Minister for Finance the full extent to which he has committed to a bank guarantee support or rescue package; the extent to which this has affected or is likely to affect economic recovery; the degree, if any, to which consideration has been given as to the way it is proposed to rescue a heavily indebted or in some cases insolvent banking system and at the same time encourage economic growth and generate employment with increased competitiveness; and if he will make a statement on the matter. [34059/10]

A healthy banking system is vital to the functioning of the economy and the Irish Government is fully committed to a strategy of restoring fully the Irish banking system. Much progress has been made to date: NAMA has been established and the first tranches of loans have been transferred, restructuring or viability plans have been prepared for all of the guaranteed institutions and plans have been put in place to restore the capital positions of those institutions by the end of this year to levels at which they can withstand future losses, even under very stressed conditions.

The restoration of the banking sector to health and the promotion of economic growth are interlinked, and the steps we are taking are intended to ensure that the Irish banks will be in a position to make a strong contribution to overall economic recovery. Indeed, the two largest banks, Bank of Ireland and Allied Irish Banks, each have committed to make available not less than €3 billion each year in new or increased credit facilities to SMEs for the next two years. They have submitted their lending plans to the Department of Finance and the Credit Reviewer, John Trethowan. Mr Trethowan, an experienced banker, has examined these plans and considers that they are credible basis for delivering on their commitments to support viable businesses in all sectors of the economy and in every area of the country.

Banking Sector Regulation

Bernard J. Durkan

Question:

76 Deputy Bernard J. Durkan asked the Minister for Finance the discussions he has had with the various banking interests with a view to absolute determination of the fullest possible extent of their indebtedness with particular reference to the need to take the necessary steps to address the issues emerging and in particular the need to determine any heretofore undisclosed liabilities or assets within or outside this jurisdiction; and if he will make a statement on the matter. [34060/10]

The Central Bank yesterday announced that it has advised the Irish banks that have been subject to Prudential Capital Assessment Review (PCAR) that the year-end deadline for meeting the PCAR standards remains in place despite recent developments in international capital standards. The Central Bank also advised the banks as to the capital treatment of any adverse development in NAMA haircuts since the PCAR calculations were initially conducted on 30 March.

Since the initial PCAR calculations on 30 March 2010, the completion of the first two tranches of NAMA loan transfers enabled the Agency to refine its estimates of the discounts on the remaining loans to be transferred to a high level of accuracy. This allowed the Financial Regulator to update his assessments of the capital position of all of the guaranteed institutions following the earlier PCAR and the EU-wide CEBS Stress Testing Exercise carried out in July. This has been achieved by the Financial Regulator working very closely with my officials, NAMA and the other relevant authorities, and with the participating institutions to establish as definitively as possible the level of capital required by them.

In my comprehensive banking statement earlier today, I set out with clarity and certainty the final costs to the State of repairing the banking system. Though significant, the costs are fully manageable in the context of the programme of fiscal restraint to which the Government is committed.

Capital Expenditure

Sean Sherlock

Question:

77 Deputy Seán Sherlock asked the Minister for Finance if he will make a statement on the capital underspend to date in 2010; if this underspend is the result of a deliberate strategy to delay capital projects and to minimise the year-end Exchequer deficit; and if he will make a statement on the matter. [34042/10]

While the rate of capital spending is a matter for individual Ministers, I am informed that the underspend so far is due essentially to timing issues and better value for money from lower prices. There is no deliberate policy of delaying of spending to minimise the year end Exchequer deficit.

State Banking Sector

Martin Ferris

Question:

78 Deputy Martin Ferris asked the Minister for Finance the number of staff that will be in the asset recovery bank and in the funding bank, including the executive and board structures that will be established; the person who will be heading the asset recovery bank and the funding bank; how the public interest will be represented in the banks; the remuneration structures for staff at the banks, including chief executive officer; and if he will make a statement on the matter. [34065/10]

As the Deputy will be aware I have instructed Anglo Irish Bank to prepare, in conjunction with the NTMA, the Central Bank/Financial Regulator and my Department, a detailed plan to reflect the restructuring approach decided by Government. Work is continuing on this plan which will address in detail the respective roles and operations of the Asset Recovery Bank and the Funding bank. When this task is finalised it will be possible to quantify the management and staff numbers and skill sets required for each entity.

Until this work is completed it is not possible to indicate who will head up the institutions or what staff levels or skill base will be required. In general terms however I can say that staff and remuneration levels will reflect industry norms. For senior management posts, including Chief Executive Positions, remuneration will be in line with the recommendations of the Covered Institutions Remuneration Oversight Committee (CIROC).

Finally, I think it is important that the public interest is specifically represented on the boards of institutions in receipt of State assistance. Anglo Irish Bank is somewhat different in that the Bank is a wholly owned commercial State entity and as such I will insist in my role as sole shareholder that the public interest is to the forefront of the Board's objectives.

Employment Support Services

Róisín Shortall

Question:

79 Deputy Róisín Shortall asked the Tánaiste and Minister for Education and Skills the capacity of FÁS in terms of the maximum number of national employment action plan interviews that are possible given current staffing levels and work practices. [34370/10]

Under the National Employment Action Plan, the National Employment Services (NES) provides a dual-stranded approach from FÁS and Local Employment Services (LES) to systematically engage with unemployed people on reaching three months unemployment. As part of this process, the Department of Social Protection refers people in receipt of unemployment payments to the National Employment Services. Services offered include vocational guidance/counselling, information on job opportunities, assistance with CV preparation and interview techniques, access to employment programmes and skills training. Particular emphasis is placed on the identification of training needs and on the provision of tailored responses. National Employment Action Plan clients are given priority in accessing training provided by FÁS Training Services.

The capacity of the NES is due to reach an annualised rate of over 150,000 by end of 2010. In addition, there are a significant number of clients who self-refer and receive a service from the National Employment Service on a daily basis.

Róisín Shortall

Question:

80 Deputy Róisín Shortall asked the Tánaiste and Minister for Education and Skills the number, in whole-time equivalent terms, of employment service staff in FÁS and in the local employment services, with a breakdown for each and a breakdown by staff type. [34371/10]

The number of employment services staff in FÁS is set out in the following table. These figures do not include staff involved in policy development. FÁS contracts for the provision of the Local Employment Service with 24 partnership companies across the country, with the exception of the Kildare Local Employment Service which is provided through a county based organisation. Local Employment Service staff are not employees of FÁS. Details of the full-time equivalent staffing structure within the Local Employment Service network are also set out in the following table.

Full Time Equivalent

Management — Employment Services

22.00

Employment Services Officers

275.68

Clerical Officers

193.54

Total Employment Services Regions

491.22

Full Time Equivalent

Co-ordinators

24.80

Mediators

150.40

Employer Liaison

8.10

Clerical

116.50

Total

299.80

Community Employment Schemes

Olivia Mitchell

Question:

81 Deputy Olivia Mitchell asked the Tánaiste and Minister for Education and Skills if she will ensure that the ability of persons currently training under a community employment scheme to continue in that training is not impacted by a reduction in their qualification for unemployment or other benefits; and if she will make a statement on the matter. [34135/10]

Community Employment (CE) is an active labour market programme designed to provide eligible long term unemployed people and other disadvantaged persons with an opportunity to engage in useful work within their communities on a fixed term basis. CE helps unemployed people to re-enter the active workforce by breaking their experience of unemployment through a return to a work routine and to assist them to enhance and develop both their technical and personal skills.

People who have already commenced a year's participation on CE, and whose eligibility/entitlement to a particular Department of Social Protection payment ceases, can complete their training within their current year on CE.

School Staffing

Fergus O'Dowd

Question:

82 Deputy Fergus O’Dowd asked the Tánaiste and Minister for Education and Skills the number of retired teachers who are employed in a part-time or temporary capacity in schools here; and if she will make a statement on the matter. [34146/10]

There are currently nineteen retired post primary teachers employed on a part-time contractual basis in the voluntary secondary and community /comprehensive sectors. There were sixty eight retired teachers paid for employment in a casual /non casual substitute capacity in Secondary and Community/comprehensive schools on my Departments' payroll in September 2010.

There are currently fifty five retired primary teachers employed on a part-time contractual basis in the primary sector. There were fifty retired teachers paid for employment in a casual /non casual substitute capacity in primary schools on my Departments' payroll in September 2010.

Higher Education Grants

P. J. Sheehan

Question:

83 Deputy P. J. Sheehan asked the Tánaiste and Minister for Education and Skills if she will review a case of a person (details supplied) who is a full-time student and who has received no State assistance; and if she will make a statement on the matter. [34152/10]

The Maintenance Grants Scheme for Students attending Post Leaving Certificate Courses is administered by the Vocational Education Committees on behalf of my Department. The candidate referred to by the Deputy should apply to her local VEC to establish her entitlement to a student grant for 2010/2011 academic year.

Under the terms of the schemes, grant assistance is awarded to students attending approved courses in an approved institution who meet prescribed conditions of funding including those which relate to age, residence, means, nationality and previous academic attainment.

The decision on eligibility for a student grant is a matter, in the first instance, for the relevant assessing authority, i.e. the applicant's VEC. An applicant may appeal the decision to the relevant VEC.

Where the assessing authority decides to reject the appeal, the applicant may appeal this decision to my Department by submitting an appeal form outlining clearly the grounds for the appeal.

No appeal appears to have been received by my Department to date from the candidate referred to by the Deputy.

Youthreach Programme

Fergus O'Dowd

Question:

84 Deputy Fergus O’Dowd asked the Tánaiste and Minister for Education and Skills the position regarding the recent proposal from County Louth Vocational Education Committee to establish a new Youthreach Centre in Mid Louth; and if she will make a statement on the matter. [34155/10]

The proposal from County Louth Vocational Education Committee (VEC) referred to by the Deputy was received in April 2010. My Department responded on 13 May 2010 and advised the VEC that it is not in a position to allocate additional Youthreach places at this time. The VEC was also advised that their application will be kept on file and will be considered should additional places become available in the future.

Grant Payments

Dan Neville

Question:

85 Deputy Dan Neville asked the Tánaiste and Minister for Education and Skills if she will ensure that all moneys due to a person (details supplied) in County Limerick are paid with immediate effect. [34168/10]

I can confirm that money due to the person referred to by the Deputy will issue as soon as possible.

State Examinations

Fergus O'Dowd

Question:

86 Deputy Fergus O’Dowd asked the Tánaiste and Minister for Education and Skills the number of students at leaving certificate exempt from sitting the Irish examination in 2010; the number exempt from sitting the junior certificate in 2010; of those exempt from Irish, the number that sat an examination in a foreign language; and if she will make a statement on the matter. [34178/10]

For the year 2009/10 there were 5,818 students with an exemption from Irish who were enrolled for year 2 of Leaving Certificate, Leaving Certificate Applied and Leaving Certificate Vocational Programmes The data for Leaving Certificate students excluded those repeating these programmes.

For the year 2009/10 there were 5743 students with an exemption from Irish who were enrolled for year 3 of the Junior Certificate and Junior Certificate Schools programmes.

The data is gathered through the Post-Primary Database returns from schools each October.

Exemptions from learning Irish at post-primary level are granted in accordance with the provisions of Circular M10/94, to the following cateogries of student:

students whose primary education up to 11 years of age was received in Northern Ireland or outside Ireland

students who were previously enrolled as recognised students in a primary school or post-primary school who are being re-enrolled after a period spent abroad, provided that at least 3 years have elapsed since the previous enrolment in the State and the student is at least 11 years of age on re-enrolment, and

certain categories of students with special educational needs.

The scheme devolves decision making to school authorities who are required to operate strictly within the criteria. The figures refer to the exemption from the study of Irish in a recognised school and not to the examination itself.

The choice of subjects for post-primary students, including those for students with an exemption from the study of Irish, is a matter for the student and his or her parents in consultation with the school Principal in the context of the students overall educational needs and in accordance with policies and procedures obtaining in the school.

The State Examinations Commission has responsibility for the operation of the certificate examinations and publishes the results on its website at www.examinations.ie. It is not possible for data protection reasons to match holders of exemptions with performance and subject choice in the examinations. In any event, there is no requirement to sit an examination in Irish.

In the Leaving Certificate in 2010 there were 57,839 candidates. Of these 3,358 sat the leaving Certificate Applied, 3,737 were external candidates and 2,823 were repeat candidates. Excluding the Leaving certificate Applied, 54,481 sat the Leaving Certificate. Of these, 44,943 sat Irish (82.5%), 27,547 sat French (51%), 138 sat Latin (0.25%), 7,305 sat German (13%), 3,645 sat Spanish (7%), 292 sat Italian (0.5%), 170 sat Japanese (0.3%), 139 sat Arabic (0.25%), and 286 sat Russian (0.5%), and 12 sat Ancient Greek. In addition, 1,050 sat examinations in non-curricular languages. These are languages offered in the mother tongue which are not part of the curriculum, but are offered to candidates sitting the Leaving Certificate including English, from other member States.

In the Junior Certificate there were 56,088 candidates, of whom 1,135 were re-entrants to education. Of these, 47,547 sat Irish, (85%) 439 sat Latin (0.8%), 25 sat Ancient Greek (0.04%), 33,247 sat French (59%), 9,041 sat German (16%), 5,690 sat Spanish (10%), and 350 sat Italian (0.6%).

Post Leaving Certificate Courses

Fergus O'Dowd

Question:

87 Deputy Fergus O’Dowd asked the Tánaiste and Minister for Education and Skills the number of applications received on a county by county basis for post leaving certificate courses during each of the past three years in tabular form; the number of post leaving crtificate places filled in each of those years; and if she will make a statement on the matter. [34179/10]

Applications for places on individual Post Leaving Certificate (PLC) courses are made directly by learners to the relevant schools and colleges. My Department does not receive details of such applications.

A county by county breakdown of enrolment on the PLC programme, as supplied by PLC providers through the annual October Returns, for the 2007/2008, 2008/2009 and 2009/2010 academic years is set out in the table below.

PLC participation 2007/2008 – 2009/2010 by County

County

2007/08 PLC participants

2008/09 PLC participants

2009/10 PLC participants

Co. Carlow

833

904

1,037

Co. Cavan

1,231

1,291

1,581

Co. Clare

283

286

335

Co. Cork

5,200

5,382

5,976

Co. Donegal

233

183

245

Co. Dublin

10,355

11,489

12,906

Co. Galway

1,520

1,732

2,074

Co. Kerry

507

632

780

Co. Kildare

317

366

395

Co. Kilkenny

460

558

719

Co. Laois

353

388

386

Co. Leitrim

92

115

106

Co. Limerick

1,333

1,484

1,871

Co. Longford

320

353

424

Co. Louth

969

1,225

1,474

Co. Mayo

576

724

874

Co. Meath

282

353

477

Co. Monaghan

205

262

363

Co. Offaly

53

47

49

Co. Roscommon

78

86

74

Co. Sligo

574

872

1,037

Co. Tipperary

850

949

1,100

Co. Waterford

998

1,017

1,174

Co. Westmeath

573

693

747

Co. Wexford

858

1,001

1,124

Co. Wicklow

906

1,053

1,285

Total

29,959

33,445

38,613

Ministerial Appointments

Michael Creed

Question:

88 Deputy Michael Creed asked the Tánaiste and Minister for Education and Skills if and when she intends to appoint a new board for an educational body (details supplied); and if she will make a statement on the matter. [34196/10]

The arrangements for the appointment of the Board are currently being finalised and letters of appointment will issue shortly.

Schools Building Projects

Dinny McGinley

Question:

89 Deputy Dinny McGinley asked the Tánaiste and Minister for Education and Skills the position regarding the provision of a new school (details supplied) in County Donegal. [34202/10]

I wish to advise the Deputy that my officials have signed contracts for the site in question. The contracts are conditional on my Department obtaining a final grant of Planning Permission. My Department recently published the newspaper advertisement necessary to precede a planning application and submitted the planning application to the Local Authority.

The progression of all large scale building projects, including this project, from initial design stage through to construction will be considered in the context of the school building and modernisation programme. However, in view of the level of demand on the Department's capital budget, it is not possible to give an indicative timeframe for the progression of the project at this time.

Schools Refurbishment

Dinny McGinley

Question:

90 Deputy Dinny McGinley asked the Tánaiste and Minister for Education and Skills the position regarding refurbishment and extension of a school (details supplied) County Donegal. [34204/10]

The school to which the Deputy refers has applied to my Department for capital funding for a large scale extension project. The application has been assessed in accordance with published prioritisation criteria for large scale 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, are available on the 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 the Department's website.

The progression of all large scale building projects, including this project, from initial design stage through to construction will be considered in the context of the school building and modernisation programme. However, in view of the level of demand on the Department's capital budget, it is not possible to give an indicative timeframe for the progression of the project at this time.

School Transport

P. J. Sheehan

Question:

91 Deputy P. J. Sheehan asked the Tánaiste and Minister for Education and Skills the transport measures that will be implemented for a special needs pupil (detail supplied) who needs to transfer school due to bullying and harassment; and if she will make a statement on the matter. [34208/10]

Under the terms of my Department's Post Primary School Transport Scheme, a pupil is eligible for transport if s/he resides 4.8 kilometres or more from her/his local post primary education centre.

The scheme is not designed to facilitate children who attend a post-primary centre outside of the catchment area in which they reside. However, children who are fully eligible for transport to the post-primary centre in the catchment area in which they reside, may apply for transport on a concessionary basis to a post-primary centre outside of their own catchment area — otherwise known as catchment boundary transport. These children can only be facilitated if spare seats are available on the bus after all other eligible children travelling to their local post-primary centre have been catered for. Such children have to make their own way to the nearest pick up point within that catchment area.

The pupil referred to by the Deputy, in the details supplied, is not attending a post primary centre within his catchment area and should contact his local Bus Éireann office regarding the availability of catchment boundary transport.

School Management

Seán Ó Fearghaíl

Question:

92 Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Education and Skills if she is concerned that a board of management is not yet in place for a school (details supplied); the procedures to be followed in appointing a board of management in this case; if she is satisfied that the delay in appointing a board of management will not impact negatively on the development of the school; if she anticipates that a principal will have taken up position by the 1 January 2011; if the school will realise its schedule opening date for September 2011; and if she will make a statement on the matter. [34227/10]

In accordance with the Education Act 1998, it is a function of the patron of a school to appoint the Board of Management. In the case of community schools, it is a matter for the joint patrons to appoint the Board of Management in accordance with the provisions of the Deed of Trust for Community schools.

Pending the opening of the new school and until such time as it is possible to appoint a full Board in accordance with the provisions of the Deed of Trust, the joint patrons may appoint an interim Board of Management.

When appointed, the Board of Management should liaise with my Department in relation to approval for the advance appointment of a Principal.

The school is one of six schools included in the second bundle of schools to be delivered via Public Private Partnership. Construction commenced on the school in June 2010 and it is anticipated that the school will be operational in late 2011.

Pádraic McCormack

Question:

93 Deputy Pádraic McCormack asked the Tánaiste and Minister for Education and Skills if she will issue a directive to the boards of management of schools, that in the provision of schools uniforms there will be plain colour only and if she will ensure that there will be competition in outlets providing school uniforms in view of the fact that there appears to be a monopoly at the moment; and if she will make a statement on the matter. [34246/10]

In accordance with the provisions of the Education Act 1998, the Board of Management is the body charged with the direct governance of a school.

Individual school authorities are responsible for the drawing up of a school policy in relation to the wearing of school uniforms.

However, my Department recommends that the formulation of such a school policy should allow for prior consultation with teachers, parents and pupils where appropriate and enable any concerns about the issue of cost to be raised and considered. Decisions regarding school uniforms are a matter for the Board of Management of each individual school.

Schools Building Projects

Deirdre Clune

Question:

94 Deputy Deirdre Clune asked the Tánaiste and Minister for Education and Skills if she will provide an update on the current status of a school building project (details supplied); when construction will begin; when the project will be completed; when will the pupils be able to move into the new facilities; and if she will make a statement on the matter. [34252/10]

This project is currently at an advanced stage of the tender process. Assuming no issues arise, it is envisaged that the project will progress to construction in quarter 4 of this year.

Deirdre Clune

Question:

95 Deputy Deirdre Clune asked the Tánaiste and Minister for Education and Skills if she will provide an update on the current status of a school building project (details supplied); when the project will be completed; when will the pupils be able to move into the new facilities; and if she will make a statement on the matter. [34253/10]

The project at the school to which the Deputy refers is at an early stage of architectural planning. The design team recently submitted a Stage 2(a) submission which sets out a developed sketch scheme for the project.

Officials from my Department are scheduled to meet with the school and its design team on 30th September to discuss this submission. Once the stage 2(a) is approved the design team will be authorised to seek planning permission, fire certificate and Disability Access Certificate (DAC). These all form part of stage 2(b) of architectural planning. Once these statutory approvals have been secured, the school and it's design team will be requested to indicate a timeframe for completion and submission of the stage 2(b) report to my Department.

The further progression of this project through to construction stage will be considered in the context of my Department's multi-annual School Building and Modernisation Programme for 2011 and subsequent years. However, pending receipt of the necessary statutory approvals and in light of current competing demands on the capital budget of my Department, it is not possible to give a more indicative timeframe for the progression of the project to tender and construction at this time.

Grant Payments

Noel Ahern

Question:

96 Deputy Noel Ahern asked the Tánaiste and Minister for Education and Skills the position regarding the case of a person (details supplied); and if she will make a statement on the matter. [34265/10]

The decision on eligibility for a student grant is a matter, in the first instance, for the relevant assessing authority, i.e. the applicant's local authority or VEC. An applicant may appeal the decision to the relevant local authority or VEC.

Where the assessing authority decides to reject the appeal, the applicant may appeal this decision to my Department by submitting an appeal form outlining clearly the grounds for the appeal.

No appeal has been received by my Department to date from the candidate referred to by the Deputy.

The candidate referred to by the Deputy should apply to her local authority or VEC to establish her entitlement to a student grant for 2010/2011 academic year.

There is no exemption for medical card holders for registration fees at third level. Medical card holders may be eligible for assistance under the student grant schemes provided that they satisfy all the terms and conditions of the scheme but eligibility is not automatically conferred. However, for students pursuing FETAC approved PLC courses there is an exemption for medical card holders and social welfare recipients from paying FETAC certification fees.

School Transport

Noel Ahern

Question:

97 Deputy Noel Ahern asked the Tánaiste and Minister for Education and Skills if more suitable transport arrangements can be made in respect of a person (details supplied); the criteria for collection of autistic children; if there is a recommended maximum period that the child should spend in school transport per day; and if she will make a statement on the matter. [34270/10]

Under the terms of my Department's School Transport Scheme, a pupil with special needs will be eligible for transport if s/he is attending the nearest recognised: mainstream school, special class/ special school or a unit, that is or can be resourced, to meet the child's special educational needs under Department of Education and Skills criteria.

The purpose of the School Transport Scheme for Children with Special Needs is to provide a reasonable level of transport service for children with a diagnosed disability and/or special educational need.

Bus Éireann which operates the School Transport Scheme on behalf of my Department has been requested to liaise directly with the family concerned and to examine the transport arrangements for the pupil referred to by the Deputy, in the details supplied.

Schools Building Projects

Joanna Tuffy

Question:

98 Deputy Joanna Tuffy asked the Tánaiste and Minister for Education and Skills the position regarding the proposed new extension to a school in County Cork; when she expects work to commence on the project; and if she will make a statement on the matter. [34279/10]

The project referred to by the Deputy was included in the announcement earlier this year for the appointment of a design team. Since then, the National Council for Special Education has advised my Department of the need for an ASD Unit at post-primary level in that catchment area.

A revised Schedule of Accommodation which includes accommodation for an ASD Unit issued to the school at the end of August.

The tender process for appointment of a design team will commence shortly as part of a bundle of schools tendering in the coming weeks.

Joanna Tuffy

Question:

99 Deputy Joanna Tuffy asked the Tánaiste and Minister for Education and Skills the position regarding the proposed construction of a new school at a school (details supplied); when she expects work to commence; and if she will make a statement on the matter. [34280/10]

The school to which the Deputy refers has applied to my Department for capital funding for the provision of a new school.

The application has been assessed in accordance with published prioritisation criteria for large scale 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 available on the Department's website at www.education.ie.

My Department originally requested the Office of Public Works (OPW) to acquire a suitable site for the school referred to by the Deputy. The OPW have recently advised my Department that discussions with the owner of the preferred site have proven unsuccessful. Officials in my Department will now consider all options available to acquire a suitable site.

Once a suitable site has been acquired, the proposed building project will be considered in the context of the capital budget available to my Department for school buildings generally.

Joanna Tuffy

Question:

100 Deputy Joanna Tuffy asked the Tánaiste and Minister for Education and Skills the progress that has been made regarding the proposed new school building for a school (details supplied) in County Cork; when she expects work to commence on the project; and if she will make a statement on the matter. [34281/10]

I am pleased to inform the Deputy that construction of the school in question commenced on the 3rd June 2010.

The school is one is one of six schools included in the 2nd bundle of primary/post-primary projects being provided under my Department's PPP programme. The other schools in the bundle are Bantry Community College, Co. Cork, Kildare Town Community School, Abbeyfeale Community College, Co. Limerick, Wicklow Town Community College and Athboy Community School, Co. Meath.

Charlie O'Connor

Question:

101 Deputy Charlie O’Connor asked the Tánaiste and Minister for Education and Skills the position regarding a building programme in respect of a school (details supplied) in Dublin 6w; and if she will make a statement on the matter. [34292/10]

I am pleased to advise the Deputy that works commenced on site on 29/09/2010.

Charlie O'Connor

Question:

102 Deputy Charlie O’Connor asked the Tánaiste and Minister for Education and Skills the progress made on the building programme of a school (details supplied) in Dublin 24; and if she will make a statement on the matter. [34293/10]

The project referred to by the Deputy is at an advanced stage of architectural planning; authorisation was given earlier this year for tender documents to be prepared. Assuming no issues arise, it is envisaged that the project will progress subsequently to tender and construction. The design team are currently working on stage 2(b) which includes applications for Planning Permission, Fire Certificate and Disability Access certificate (DAC) and the preparation of tender documents.

Earlier this month, my Department wrote to the Board of Management seeking confirmation of when the application for planning permission is to be lodged.

Site Acquisitions

Charlie O'Connor

Question:

103 Deputy Charlie O’Connor asked the Tánaiste and Minister for Education and Skills if she has given any further consideration to the issues relating to a school site (details supplied) in Dublin 24; and if she will make a statement on the matter. [34294/10]

My Department is considering the optimal use of the site to which the Deputy refers to meet the educational provision that may be required in the area in question in the future.

The progression of a building project on the site will be considered in the context of my Department's multi-annual School Building and Modernisation Programme following this process.

Charlie O'Connor

Question:

104 Deputy Charlie O’Connor asked the Tánaiste and Minister for Education and Skills the progress made in finding a permanent site for a school (details supplied) in Dublin 24; and if she will make a statement on the matter. [34295/10]

I refer to the reply to Question No. 692 of 2 February, 2010 the position as stated at that time remains unchanged.

Schools Building Projects

Frank Feighan

Question:

105 Deputy Frank Feighan asked the Tánaiste and Minister for Education and Skills the position regarding a school (details supplied) and when it is envisaged work will commence on this project. [34305/10]

The new post primary school referred to by the Deputy, is one of eight schools which were approved for inclusion in the 3rd Bundle of schools to be procured via Public Private Partnership.

This Bundle handed over to the National Development Finance Agency (NDFA) in July 2010 to commence the tender procurement process.

It is anticipated that construction on all sites in this Bundle will commence in early 2012.

Third Level Schemes

Noel Ahern

Question:

106 Deputy Noel Ahern asked the Tánaiste and Minister for Education and Skills the position regarding the situation in relation to the DARE university access scheme; the way in which second level schools are made aware of this scheme; if there has been a specific awareness campaign for career guidance teachers; the position regarding a pupil (details supplied); if an exception can be made in this case as they now have no third level offers; and if she will make a statement on the matter. [34322/10]

The Disability Access Route to Education (DARE) is a third-level admissions scheme for students with a disability. The scheme is operated by a number of higher education institutions and not by my Department. Admissions to the institutions are regulated by the institutions themselves.

The Deputy may wish to contact the Irish Universities Association in this instance.

Schools Building Projects

Seymour Crawford

Question:

107 Deputy Seymour Crawford asked the Tánaiste and Minister for Education and Skills the position regarding the progress towards the refurbishment and extension of a school (details supplied) in County Monaghan; if this project be carried out under the devolved scheme; if any time frame will be given when it might be sanctioned; and if she will make a statement on the matter. [34403/10]

I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding to construct a new school. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned a Band 2 rating.

There are four band ratings under the prioritisation 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.

Information in respect of the current school building programme along with all assessed applications for major capital works, including this project, is available on the Department's website at www.education.ie.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of the Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the Department's capital budget, it is not possible to give an indicative timeframe for the progression of a project at the school in question at this time.

Special Educational Needs

Emmet Stagg

Question:

108 Deputy Emmet Stagg asked the Tánaiste and Minister for Education and Skills the position regarding the provision of devolved funding for an ASD Unit at a school (details supplied) in County Kildare. [34417/10]

I can confirm that the school to which the Deputy refers has made an application to my Department for funding to provide an ASD unit.

This application is currently being considered and a decision will be conveyed to the school as soon as this process has been completed.

Schools Building Projects

Emmet Stagg

Question:

109 Deputy Emmet Stagg asked the Tánaiste and Minister for Education and Skills if she will appoint a design team for the building of a permanent school (details supplied) in County Kildare. [34418/10]

Emmet Stagg

Question:

116 Deputy Emmet Stagg asked the Tánaiste and Minister for Education and Skills when a design team will be appointed for the required extension to a school (details supplied) in County Kildare. [34434/10]

Emmet Stagg

Question:

117 Deputy Emmet Stagg asked the Tánaiste and Minister for Education and Skills if she will sanction the appointment of a design team for the required extension of a school (details supplied) in County Kildare. [34435/10]

I propose to take Questions Nos. 109, 116 and 117 together.

I can confirm that the schools to which the Deputy refers have made applications to my Department for large scale capital funding. The applications have been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating.

There are four band ratings under the prioritisation 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.

Information in respect of the current school building programme along with all assessed applications for major capital works, including the projects referred to by the Deputy, is available on the Department's website at www.education.ie.

The progression of all large scale building projects, including these projects, from initial design stage through to construction phase will be considered in the context of the Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the Department's capital budget, it is not possible to give an indicative timeframe for the progression of the projects at the schools in question at this time.

Emmet Stagg

Question:

110 Deputy Emmet Stagg asked the Tánaiste and Minister for Education and Skills if the contracts have been signed for the building of a new school in Ardclough, County Kildare. [34419/10]

My Department recently received the Tender Report for the school to which the Deputy refers.

When this documentation has been assessed and assuming that no issues arise, it is envisaged that the contract will be awarded and that the project will progress to construction.

Emmet Stagg

Question:

111 Deputy Emmet Stagg asked the Tánaiste and Minister for Education and Skills the completion date specified in the contract for the extension to a school (details supplied) in County Kildare; and the cost of the contract. [34422/10]

The project to which the Deputy refers has a twelve month contract period and it is envisaged that it will be substantially complete at the end of August 2011.

Information on the contract sum is commercially sensitive and it would be inappropriate of me to release such information as it could undermine current tender competitions.

Emmet Stagg

Question:

112 Deputy Emmet Stagg asked the Tánaiste and Minister for Education and Skills if work on the new national school at Kill County Kildare, is progressing satisfactorily; and if she can confirm that the project should be completed in December 2010. [34424/10]

The original contractor appointed for this project went into receivership. Subsequently a completion contractor was appointed and works re-commenced in April of this year. The project is now progressing satisfactorily and it is envisaged that the new school will be ready for occupation early next year.

Emmet Stagg

Question:

113 Deputy Emmet Stagg asked the Tánaiste and Minister for Education and Skills when the building project for the required extension to a school (details supplied) in County Kildare is expected to be completed. [34431/10]

The extension project at the school referred to by the Deputy is an 18 month contract. It is envisaged that it will be substantially complete in March 2011.

School Provision

Emmet Stagg

Question:

114 Deputy Emmet Stagg asked the Tánaiste and Minister for Education and Skills if she intends to sanction the provision of a Gaelcholaiste for North Kildare. [34432/10]

The most recent projections used by my Department would see the projected enrolments at post-primary level increase from the current total enrolment (excluding PLCs) of circa 312,200 pupils to an expected enrolment circa 328,700 pupils by the year 2016. Meeting this level of significant increased demand for education services will be a major challenge.

It is within this context that the Forward Planning Section of my Department is in the process of analysing all areas in the country in order to determine the level of additional provision which will be required at both primary and post primary level up to 2017. Overall post-primary requirements in the North Kildare area, including the case for the provision of a new Irish language post-primary school will be considered in this context.

A multi-million Euro building project has been provided for Coláiste Cois Liffe, Lucan to cater for a long term projected enrolment of 600 pupils. This Gaelcholaiste, under the aegis of Co. Dublin VEC was built to serve the needs of the west Dublin /north Kildare area, including Maynooth and Kilcock. The enrolment for 2009/10 in Coláiste Cois Life was 345 and therefore this school would appear to have capacity to cater for the North Kildare area.

In addition to this I have recently announced the setting up of a new framework in relation to the establishment of new second-level schools and their patronage, whereby an expert Group to be known as the Second-Level Patronage Advisory Group will consider applications for new schools and advise me in relation to those applications, having undertaken survey work of parental views and using the criteria to be set down.

The progression of all large scale building projects arising from Forward Planning Section's analysis will be considered in the context of my Department's School Building and Modernisation Programme.

Schools Building Projects

Emmet Stagg

Question:

115 Deputy Emmet Stagg asked the Tánaiste and Minister for Education and Skills the projects for which large-scale capital funding has been sought from her Department in County Kildare which have as not yet commenced construction; the details of the facilities sought; and the stage at which each project is at. [34433/10]

Information in respect of the current school building programme, along with all assessed applications for major capital works and the status of these applications, is available on my Department's website at www.education.ie.

However, for the convenience of the Deputy, I include two lists which set out details of school building projects for County Kildare as requested.

List A details applications for major capital works from primary and post primary schools in Kildare which are currently at application stage.

List B contains details of building projects in County Kildare that are in Architectural Planning through to Tender Stage under my Department's school building and modernisation programme.

The progression of all large scale building projects, including projects for the schools at application stage in Kildare, from initial design through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme.

List A — Schools in Kildare — Applications for Major Capital Works

County

Roll No

School Name

Current Status

Band Rating

Project

Kildare

01821V

S N Rath Mor, Naas

Application

Band 1

New School

Kildare

11893G

St Davids NS., Naas

Application

Band 2

New School

Kildare

13328I

Newbridge 2 N S

Application

Band 2

Extension/Refurbishment

Kildare

13902O

Hewetsons N S, Clane

Application

Band 2

Extension/Refurb

Kildare

15040T

Mercy Convent NS, Naas

Design Team to be appointed

Band 1

Extension/Refurb

Kildare

15599D

St Brigids Primary School Kildare Town (Kildare)

Application

Band 3

Extension/Refurb

Kildare

15769C

Monasterevan Convent, Monasterevan

Application

Band 3

Extension/Refurb

Kildare

15870O

Scoil Chonnla Phadraig, Newbridge

Application

Band 2

Extension/Refurb

Kildare

15957D

St Patrick’s Boys NS, Rathangan

Design Team to be appointed

Band 2

Extension/Refurb

Kildare

16302F

St Brigids N S, Ballysax

Application

Band 2

Extension/Refurb

Kildare

16706G

St Josephs BNS, Kilcock

Application

Band 2

Extension/Refurb

Kildare

16707I

Scoil Naisiunta Naomh Pheadar, Monasterevan

Application

Band 2

New School

Kildare

16817P

Brannoxtown N S, Brannockstown

Application

Band 2

New School

Kildare

16845U

Rathcoffey N S, Rathcoffey

Application

Band 2

Extension/Refurb

Kildare

17254C

St Corban’s Primary School, Naas

Design Team to be appointed

Band 1

Extension/Refurb

Kildare

17341U

Maynooth Boys’ NS

Design Team to be appointed

Band 1

Extension/Refurb

Kildare

17650K

Scoil Ide Naofa, Kilmead

Application

Band 2

Extension/Refurb

Kildare

17872F

St Conleths And Marys N S, Newbridge

Application

Band 2

Extension/Refurb

Kildare

17873H

S N Connlaodh Naofa N, Newbridge

Application

Band 2

Extension/Refurb

Kildare

17931S

S N Brighde, Ticknevin

Application

Band 2

Extension/Refurb

Kildare

17968S

Ursaille Naofa Teach, An Da Mhile

Application

Band 2

New School

Kildare

18063A

S N Naomh Lorcain, Levitstown

Application

Band 3

Extension/Refurb

Kildare

18093J

S N Cloch Rinnce Cloch Rinnce (Kildare)

Application

Band 1

Extension/Refurb

Kildare

18096P

Cross And Passion College Kilcullen (Kildare)

Application

Band 2

Extension/refurb

Kildare

18130M

St Patricks NS, Johnstownbridge

Application

Band 2

Extension/Refurb

Kildare

18288B

Scoil Mhichil Naofa, Athy

Application

Band 2

Extension/Refurb

Kildare

18430B

S N Baile, Robertstown,

Application

Band 2

Extension/Refurbishment

Kildare

18445O

S N Scoil Treasa, Kilshanroe

Application

Band 2

Extension/Refurb

Kildare

18449W

St Conleths N S, Derrinturn

Application

Band 3

Extension/Refurb

Kildare

18644U

Straffan N S, Straffan

Application

Band 1

Extension/Refurb

Kildare

18650P

Newtown NS, Enfield

Application

Band 2

Extension/Refurb

Kildare

18666H

Tiremohan National School, Donadea, Naas

Application

Band 1

Extension/Refurb

Kildare

19675N

St Brigids N S, Kilcullen

Application

Band 1

Special Needs

Kildare

19794V

Scoil Mochua, Aghards, Celbridge

Application

Band 1

Extension/Refurb

Kildare

19797E

Scoil Naisiunta Bhride Prosperous Road,

Application

Band 1

Extension/Refurb

Kildare

20257C

Sc Naomh Padraig, Celbridge

Design Team to be appointed

Band 1

New School

Kildare

61681V

Patrician Secondary School, Newbridge

Application

Band 2

Extension

Kildare

61690W

Cross And Passion College Kilcullen (Kildare)

Application

Band 2

Extension/Refurb

Kildare

70660O

Curragh Post-Primary School Mcswiney Road, Curragh

Application

Band 2

New School

Kildare

70670R

Colaiste Lorcain, Castledermot

Application

Band 2

Extension/Refurb

Kildare

70680U

St. Conleths Vocational School, Newbridge

Design Team to be appointed

Band 1

Extension/Refurb

Kildare

70710D

St Patrick’S Community College, Naas

Application

Band 2

New School

Kildare

91371B

Leixlip Community School, Celbridge Road

Application

Band 1

Extension/Refurb

Major Projects in Architectural Planning, Tendering or in Construction in Co. Kildare

Roll No

School Name

Status

Application For

06209J

Athy Model School

Tender Stage — Progressing to Construction

New School

09414C

St Laurence’s NS, Crookstown

In early Architectural Planning

New School

11976K

Scoil Choca Naofa, Kilcock, Co. Kildare

In Construction

Extension/refurbishment

13350A

Scoil Bhride, Athgarvan

In Construction

Extension/refurbishment

16345A

Scoil Bhride, Nurney, Co. Kildare

In Construction

New School

16705E

Scoil Pádraig Naofa, St John’s Lane, Athy, Co Kildare — Phase 2

Tender Stage — Progressing to Construction

Major extension

17064U

Scoil Phadraig, Ballylinan, Athy

Progressing to Tender

New School

17662R

Scoil Bhride Kill NS

In Construction

New School

17674B

SN Aine Naofa, Ard Cloc, Straffan

Tender Stage — Progressing to Construction

New School

18018S

Bunscoil Bhride NS Rathangan

In advanced Architectural Planning

Extension/Refurbishment

18654A

Caragh NS, Naas

In Construction

Extension/refurbishment

18988G

St Raphael’s Special Sch, Celbridge, Co Kidare

In early Architectural Planning

New School

19277B

St Anne’s Special School, The Curragh

Awaiting Design Team Appointment

Extension/refurbishment

19796C

St Patrick’s Boys NS, Clane

Awaiting Design Team Appointment

Extension/refurbishment

20058T

Sc Uí Fhiach, Maynooth

In Construction

New School

20114D

Scoil Brid, Naas

Progressing to Tender

Extension/refurbishment

20192A

Scoil Átha Í, Athy

Tender Stage — Progressing to Construction

Extension

20271T

Scoil na Naomh Uilig, Phase 2 Rickardstown, Newbridge, Co Kildare

Tender Stage — Progressing to Construction

Major extension

61710C

Meánscoil Iognáid Ris, Naas

In Construction

Extension/refurbishment

70700A

Maynooth Post-Primary School, Moyglare Road, Maynooth

Awaiting Design Team Appointment

Extension/refurbishment

Questions Nos. 116 and 117 answered with Question No. 109.

National Asset Management Agency

Bernard J. Durkan

Question:

118 Deputy Bernard J. Durkan asked the Minister for Finance the extent to which the value of properties acquired through National Asset Management Agency has fluctuated since acquisition; if the original discounts compare with current valuations; and if he will make a statement on the matter. [34117/10]

Section 73 of the NAMA Act provides that NAMA may set a date by reference to which the market value of a bank asset or property is to be determined. The NAMA Board set this date as 30 November 2009. It follows that any property price changes after 30 November 2009 will not be reflected in the NAMA market valuations. Commercial property price indices suggest that prices in Ireland may have experienced a small decline since November 2009 but prices in the UK, which has about one-third of the assets underlying the NAMA loan portfolio, rose by a greater percentage.

It should be noted that, at this early stage, NAMA has taken over only the loans of the largest borrowers and has not realised any underlying securities and so it has not acquired any properties.

Banks Recapitalisation

Bernard J. Durkan

Question:

119 Deputy Bernard J. Durkan asked the Minister for Finance when he expects the banking system to return to normal in the wake of recapitalisation; and if he will make a statement on the matter. [34118/10]

On 30 March this year, in the context of the capital requirements imposed on the banks by the Financial Regulator and the transfer of eligible loans to NAMA at a discount, I made it clear that, insofar as any capital requirements could not be sourced privately, the Government would make up the shortfall.

In my comprehensive banking statement earlier today, I set out with clarity and certainty the final costs to the State of repairing the banking system. Though significant, the costs are fully manageable in the context of the programme of fiscal restraint to which the Government is committed.

The transparency and certainty to which we are committed have been recognised internationally as a significant strength of the government's strategy for the repair and the restoration of the banking system. The decisions we have taken will enable the banking system to play its essential role in providing the finance required to underpin our economic recovery and fiscal sustainability in the future.

Furthermore, we now have in place a more stringent regulatory system overseen by the Central Bank Governor, Professor Patrick Honohan and the new Financial Regulator, Matthew Elderfield. The new fully integrated structure replacing the Central Bank and Financial Services Authority of Ireland has been established by the Central Bank Reform Act 2010. With the commencement of the Act, the Central Bank will be responsible for maintaining the stability of the financial system, the effective regulation of financial institutions and markets and safeguarding the interests of consumers and investors.

Bernard J. Durkan

Question:

120 Deputy Bernard J. Durkan asked the Minister for Finance if he has sought or is likely to seek a positive response from financial institutions receiving or likely to receive funding under the bank recapitalisation programme; and if he will make a statement on the matter. [34119/10]

I assume the Deputy is referring to the responses of the financial institutions to commitments in relation to small and medium enterprises (SME) lending following recapitalisation. The only recapitalised banks which are significant lenders to the SME sector are AIB and Bank of Ireland.

As you are aware, on foot of the bank recapitalisations previously announced, I imposed specific lending targets on the two main business banks, AIB and Bank of Ireland. They are making 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 and these plans are being reviewed by my officials and Mr. John Trethowan, the Credit Reviewer.

A monitoring/reporting structure has been put in place which will ensure that banks continue to lend to the real economy and the Credit Review Office is operational. This ensures that there is a process in place to review decisions by the participating banks where credit facilities are refused, reduced or withdrawn.

Credit Availability

Bernard J. Durkan

Question:

121 Deputy Bernard J. Durkan asked the Minister for Finance the discussions he has had with various financial institutions to encourage lending to the business and job creation sector; and if he will make a statement on the matter. [34120/10]

Both myself and my officials are in regular contact with the recapitalised banks on lending to the SME sector. Both Mr. John Trethowan and my Department receive monthly progress reports from the two banks which allow us to ensure they deliver on the strong commitments given in their €3bn lending plans to support viable businesses in all sectors of the economy and in every area of the country. There are also regular meetings to discuss the quarterly recapitalisation reports which cover the customer package agreed in February 2009.

Question No. 122 answered with Question No. 40.

Banks Recapitalisation

Bernard J. Durkan

Question:

123 Deputy Bernard J. Durkan asked the Minister for Finance the extent of funds provided to each financial institutions on foot of the banking recapitalisation agreement; the full extent of future funds likely to be required by each institution; and if he will make a statement on the matter. [34122/10]

A total of €22.9 billion has already been provided by the State to support Anglo Irish Bank since the bank was nationalised early in 2009. The additional €6.4 billion announced earlier today brings the projected total cost of the restructuring of Anglo Irish Bank to €29.3bn in the base case scenario that I announced today.

In the case of Irish Nationwide Building Society, the National Treasury Management Agency have recommended that I provide a further €2.7bn representing a prudent estimate of the capital required to cover expected losses on the institution's residual loan book and bringing the total capital support to the institution to €5.4bn.

€3.5 billion each has already been invested in both Allied Irish Banks and Bank of Ireland. The Financial Regulator has confirmed that Bank of Ireland has sufficient capital to meet the PCAR standard.

In the case of Allied Irish Banks additional capital of up to €7.9 billion will be required. Of this amount, €5.4bn is to be raised through a placing and open offer to shareholders underwritten by the NPRFC using, if necessary the conversion of up to €1.7bn of the State existing preference shareholding and the use of the NPRFC's cash balance to make up any remaining shortfall. The balance, €2.5bn, will be made up through the sale of AIB's stake in M&T Bank and disposal of other assets in due course. Any residual capital requirement may be met from a subsequent conversion of the remaining preference shares to the extent that this may prove necessary.

The Educational Building Society has to date received €350 million. The Society is in discussion with a number of parties about its future and any adjustment in its capital need that arises will be accommodated in the outcome of those discussions in due course.

Data Protection Act

Bernard J. Durkan

Question:

124 Deputy Bernard J. Durkan asked the Minister for Finance the extent to which that Data Protection Act is used as a means to prevent public representatives from accessing information on behalf of constituents with particular reference to the Revenue Commissioners; and if he will make a statement on the matter. [34123/10]

I am advised by the Revenue Commissioners that all processing of personal information by Revenue is carried out in accordance with Data Protection legislation. A general principle of Irish Data Protection law is that a data controller needs the consent of the data subject in order to disclose personal information to a third party. Furthermore taxpayer information can be extremely sensitive, and quite apart from Data Protection law, Revenue has a duty to protect taxpayer confidentiality. However, Revenue fully recognise the role of public representatives in relation to their constituents.

When Deputies make representations on behalf of individual taxpayers, these representations normally contain personal information such as the individual's PPS Number or other personal tax identifiers. In these circumstances there is generally enough evidence to reasonably support Revenue in a presumption of consent on the part of the taxpayer underpinning the interaction.

I am advised by the Revenue Commissioners that this approach is working well; for example, in the year 2009 more than three hundred and sixty representations were directed to the Chairman of the Revenue Commissioners by public representatives in relation to individual taxpayer issues. Indeed, the Deputy will be aware that in the last eighteen months he himself has received responses to and been supplied with information from Revenue in relation to twelve cases where he wrote directly to the Chairman of Revenue or through official local channels, and thirty-nine cases where he submitted queries through the Parliamentary Question process.

Revenue staff are expected to take great care to protect taxpayers' information and accordingly, where enquiries of a general nature are made by telephone to Revenue it is not unreasonable that staff should request evidence of consent in advance of passing on personal information. While it may be that the Deputy has a particular request in mind, he will appreciate that telephone enquiries may necessitate an extra level of vigilance in relation to the level of proof of consent required.

The Revenue Commissioners advise me that they have a dedicated enquiry line for members of the House which can be reached on (01) 679 58 52.

Tax Collection

Bernard J. Durkan

Question:

125 Deputy Bernard J. Durkan asked the Minister for Finance the number of cases in respect of which instructions have issued to the Sheriff for collection of taxes from small businesses in 2010; the number of cases in which such taxpayers have gone into liquidation or ceased trading; and if he will make a statement on the matter. [34124/10]

Bernard J. Durkan

Question:

126 Deputy Bernard J. Durkan asked the Minister for Finance if the Revenue Commissioners have been instructed to enforce collection of outstanding taxes through the office of the Revenue Sheriff; if cognisance is taken of the current economic situation and the extra burden caused by the imposition of the Sheriff’s fees; and if he will make a statement on the matter. [34125/10]

I propose to take Questions Nos. 125 and 126 together.

I am advised by the Revenue Commissioners that data is not separately maintained on the enforcement action taken by them against small businesses. However, I am informed that a total of 22,668 certificates in respect of €385m. in unpaid tax liabilities were issued by Revenue to the Sheriffs in the period from 1 January to 31 August 2010 (which is a slight decrease on the same period in 2009). A total of 17,498 businesses that were registered with Revenue ceased trading in the same period. 1,206 of these businesses were companies that have gone into liquidation. Some 30% of the companies that went into liquidation in that period were wound up by their members with no outstanding debts to any creditor. Of the remainder, Revenue initiated legal proceedings that lead to the courts winding up some 36 companies by way of the appointment of a liquidator.

The Revenue Commissioners are charged with responsibility for collection and recovery of a wide range of taxes and duties. The Revenue Commissioners take the decision on what collection and recovery measures should be deployed in any specific case and in what timeframe and are not subject to any direction by me in that regard. I know that Revenue has a strong focus on making sure that everyone complies with their tax and duty responsibilities by paying the right amount and on time. Revenue expects businesses to continue, notwithstanding the difficult economic circumstances in which they are now operating, to maintain a clear focus and organise their financial affairs to ensure that tax debts are paid as they fall due. Revenue is fully determined to take the necessary collection enforcement action, including referral of cases to the Sheriffs, to pursue tax debts from taxpayers that fail to meet their liabilities on time and do not engage fully and honestly with Revenue in reaching a mutually acceptable agreement to return the business to full tax compliance as quickly as possible. I fully support what Revenue are doing in that regard.

I know that Revenue is conscious of the difficult economic and financial climate in this country and how that impacts on business in being timely compliant. Revenue has actively encouraged businesses experiencing particular payment difficulties to work proactively with them when such difficulties start to arise to find an agreed way through those difficulties and quickly restore voluntary timely compliance.

I am aware that the feedback from trade representative and tax practitioner bodies to the work of Revenue in that regard has been positive and is regarded as an effective way of supporting businesses who are disposed to addressing payment difficulties in a positive, realistic and proactive way.

Credit Availability

Bernard J. Durkan

Question:

127 Deputy Bernard J. Durkan asked the Minister for Finance the steps he has taken or proposes to take to ensure the availability of adequate work capital for the hotel and catering sector in the aftermath of the withdrawal of a bank (details supplied) from the market here; if he has requested any such accommodation for other banks; and if he will make a statement on the matter. [34126/10]

The withdrawal of any bank from the Irish market is a matter of regret because it reduces the level of competition between banks and causes disruption for the customers of the bank concerned. I note, however, that other banks are mounting campaigns to attract those customers and that at least one other foreign owned bank has reaffirmed its commitment to the Irish market.

The availability of adequate working capital for all sectors of the economy including the hotel and catering sector is crucial to their ongoing sustainability and the Government has taken a number of steps to ensure this availability to viable businesses.

The Credit Review Office has been set up to ensure that the banks are not refusing credit to viable businesses and any businesses who are refused credit should first use the internal appeal process in their bank and then follow up with the Credit Review Office is necessary. In addition, the SME lending plans of AIB and Bank of Ireland mean that credit should be available as required by SMEs. Officials from my Department and the Department of Enterprise, Trade and Innovation will work with John Trethowan of the Credit Review Office on options to enhance support for SMEs.

Bank Guarantee Scheme

Bernard J. Durkan

Question:

128 Deputy Bernard J. Durkan asked the Minister for Finance the full extent of funding transferred to each financial institution under the banking guarantee scheme; and if he will make a statement on the matter. [34127/10]

No funding was transferred to the covered financial institutions under the bank guarantee scheme. Total liabilities guaranteed under the ELG Scheme amounted to €153 billion at the end of June. The comparable figure at end June for the CIFS Scheme was €103 billion.

However, the covered institutions have paid fees to the State in respect of the guarantee — as at end August 2010 €730m has been received by the State in respect of the CIFS scheme and €295m has been received in respect of the ELG scheme.

Bernard J. Durkan

Question:

129 Deputy Bernard J. Durkan asked the Minister for Finance the extent to which he has received full details of assets and liabilities from all of the banking sector; if he can now identify the total likely bill for the taxpayer arising from the banks’ guarantee two years ago; and if he will make a statement on the matter. [34128/10]

I refer the Deputy to my statement today which sets out in detail the final costs associated with repairing the banking system and the additional support which will be required by some of our banks and building societies.

Tax Code

Joan Burton

Question:

130 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. [34134/10]

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.

Estimates of the costs of tax deductions and reliefs for 2007 are currently being compiled.

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

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 200

(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

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 Scéim na bhFoghlaimeoiri Gaeilge.

Tax Reliefs

Thomas Byrne

Question:

131 Deputy Thomas Byrne asked the Minister for Finance if a taxpayer can obtain tax relief on medical expenses incurred in Northern Ireland, particularly dental expenses. [34151/10]

The position is that, under section 469 of the Taxes Consolidation Act 1997, expenses incurred in respect of medical or dental treatment (as defined in the Act) outside the State are eligible for income tax relief, provided the treatment is carried out by a practitioner who must be entitled under the laws of the country where the care is provided to practice medicine or dentistry there.

However, health expenses relief has a specific exclusion in relation to the provision of routine dental treatment, which is defined as the extraction, scaling and filling of teeth, and the provision and repairing of artificial teeth or dentures.

Relief for qualifying health expenses incurred is currently granted at the standard rate of tax of 20% apart from nursing home expenses which are allowable at the taxpayer's marginal rate. Further information can be found in leaflet IT6 and Tax Briefing 68 on www.revenue.ie.

National Asset Management Agency

Alan Shatter

Question:

132 Deputy Alan Shatter asked the Minister for Finance the number of business plans furnished to date to National Asset Management Agency in respect of acquired assets; the months and year in which such plans were submitted; the number of business plans awaiting consideration and not yet examined; the number examined and still under consideration; and the number to date agreed in original or modified form. [34191/10]

Alan Shatter

Question:

133 Deputy Alan Shatter asked the Minister for Finance the number of business plans received by National Asset Management Agency offered to date to designated accountancy firms for their consideration; the number of occasions on which such firms have declined to accept such work in respect of individual plans; the reasons, if any, given for them doing so; and if he will detail the number of business plans that remain to be assessed in circumstances in which firms have declined to undertake such assessment. [34192/10]

Alan Shatter

Question:

134 Deputy Alan Shatter asked the Minister for Finance if his attention has been drawn to concern that has been expressed at the length of time being taken by National Asset Management Agency to consider business plans submitted to it in respect of acquired assets; if the length of time being taken is rendering business plans submitted out of date and exacerbating the difficulties being experienced by companies in continuing trading; if such delays expose NAMA and the State to an unnecessary risk of incurring financial losses; and if he will make a statement on the matter. [34193/10]

I propose to take Questions Nos. 132 to 134, inclusive, together.

I am informed by NAMA that the debtors whose loans were acquired as part of the first and second tranche transfers are at various stages of progress in terms of the submission and review of their business plans. The task of the NAMA Board is to assess, for each debtor, the ultimate viability of that debtor, given the scale of his debts and the quality of the assets securing them.

In the case of the ten Tranche 1 debtors, draft plans have been through a number of iterations and are either being reviewed by the NAMA Board or will be reviewed over the coming weeks. It is reasonable to point out that a review of debtors, some of whom have aggregate debts running into billions, is not an exercise that can be carried out quickly, given the scale and complexity involved. At this stage, many of the Tranche 2 debtors have submitted or are about to submit draft business plans and a similar process is being followed with them.

To the extent that there have been delays in the process, it has been caused by the initial failure of some debtors to submit plans in line with the detailed template provided by NAMA. Some debtors were also asked to revise their original assumptions and projections so as to bring them into line with a realistic outlook for supply and demand for the various asset classes and geographical regions in which they operate.

The Deputy's raises a question in relation to independent business reviewers who have declined assignments offered by NAMA. I understand that a small number of firms have done so and have indicated to NAMA their dissatisfaction with the proposed fee arrangements.

Public Sector Staff

Michael Creed

Question:

135 Deputy Michael Creed asked the Minister for Finance the number of employees in the civil and public service for each of the past ten years; if he will clarify if these figures include employees of State and semi-State bodies; if he will indicate the impact which the embargo on recruitment in the public service is having on numbers; and if he will make a statement on the matter. [34205/10]

The Public Service Numbers reported to my Department for each of the past 10 years are set out in table 1 below. The moratorium on recruitment and promotion was introduced by the Government at the end of March 2009. Since the introduction of the moratorium the numbers employed in the public service have steadily decreased and the latest numbers reported to my Department for end-June 2010 were 308,370. This is a decrease of approximately 11,000 whole time equivalents since the end of 2008.

Table 1: Public Service Numbers at end-year 2000-2009

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

247,343

269,799

279,274

279,609

284,787

292,129

304,512

312,131

319,440

309,791

*Note that the above figures are on a whole-time equivalent basis, and are subject to revisions reflecting methodological changes and updated information regarding numbers in particular sectors.

These numbers include employees in the Civil Service, Education Sector, Justice Sector, Health Sector, Defence Sector, Local Authority Sector and Non-Commercial State Agencies (NCSA). In addition, public servants whose pay is not in all cases funded directly by the Exchequer are included in the numbers. The largest category of these is Local Authority employees but there are also staff in some Non-Commercial State Agencies whose pay is funded from the own resources of these bodies.

Excise Duties

Michael Creed

Question:

136 Deputy Michael Creed asked the Minister for Finance if he has quantified the loss to the Exchequer arising from the evasion of the excise duty on tobacco; and if he will make a statement on the matter. [34206/10]

I am informed by the Revenue Commissioners who are responsible for the collection of tobacco products tax, and for tackling the illicit trade in cigarettes and tobacco products that the information requested by the Deputy is as follows.

Firstly, the Revenue Commissioners acknowledge that there is no internationally recognised method for precisely determining the amount of tax lost as a result of the illicit trade in cigarettes. However, Revenue estimates that approximately 20% of cigarettes consumed in Ireland in 2009 had not been taxed in Ireland. It is important to emphasise that this estimate would include both illicit cigarettes and legal cross-border purchases brought into the State for personal consumption.

Revenue would further tentatively estimate that this figure of 20% comprises 14% illicit product and 6% legal cross-border purchases. Based on an estimate of 14%, the loss of Excise duty to the exchequer from illicit cigarette consumption during 2009 would be in the region of €200m.

The strategy of the Revenue Commissioners for tackling this illicit trade is multi-faceted. It includes ongoing analysis of the nature and extent of the problem, developing and sharing intelligence on a national, EU wide and international basis, ongoing review of operational policies, development of analytics and deployment of detection technologies, optimum deployment of resources at points of importation and internally to intercept and seize the contraband product and to prosecute those involved.

Revenue officials are located at all key ports and airports and they are focussed on the interception and seizure of illicit products at the point of importation. Revenue enforcement officers also target this illicit trade at the retail level by carrying out intelligence-based operations and random checks at retail outlets, markets and private and commercial premises.

Interception at the point of importation is achieved through a combination of risk analysis, profiling, intelligence, and the screening of cargo, vehicles, baggage and postal packages.

The Revenue Commissioners have also established a high level internal group, chaired at Commissioner level to examine the risks related to tobacco excise, and to monitor and optimise performance in relation to detection of counterfeit and contraband tobacco products. This group has promoted a number of initiatives aimed at counteracting the illicit trade in tobacco. These include improved profiling of passengers and freight to identify tobacco smugglers, the recent establishment of a tobacco hotline, coordinating national blitz-style operations, evaluation and acquisition of scanning and other detection technologies and learning from best practice internationally.

In recent years, Revenue has signed Memoranda of Understanding with two of the main cigarette manufacturers, ITL and JTI, to further cooperation in relation to the illicit tobacco trade. In addition, Revenue meets regularly with the trade association representing the leading tobacco companies as well as the four major global manufacturers.

The problem of tobacco smuggling is a global one and requires a very high level of international and inter-agency co-operation. In this regard Revenue's Customs Service works very closely with their colleagues in An Garda Siochána on a multi-agency basis and with enforcement agencies throughout the EU and with OLAF, the EU Anti-Fraud agency. This high level of co-operation has resulted in many successful detections of illicit products and in the prosecution of those responsible. Earlier this month the Revenue Commissioners together with the European Anti-Fraud Agency (OLAF) co-hosted a conference in Dublin on the illicit tobacco trade. The conference, which was the first of its kind, brought investigators and prosecutors from all 27 member states together with their counterparts from law enforcement agencies from across the U.S.A. The conference recognised that the problem of illicit tobacco was a global concern.

Revenue's strategies in relation to the detection of tobacco-related offences are under continuous review. For example, in July of this year Revenue launched a nationwide tobacco operation, which concentrated additional Revenue resources at ports, airports and at various retail points for the sole purpose of identifying illicit tobacco products. This resulted in 561 seizures totalling 13.7m cigarettes and 195 kgs tobacco in the course of the two week period of the operation.

This multi-faceted approach that Revenue has adopted has resulted in the seizure of 148m cigarettes and more than 2,400 kgs of tobacco to date this year.

Follow-up investigations are also conducted with a view to identifying those responsible and instituting criminal proceedings where the necessary evidence has been obtained. In 2009 the Revenue Commissioners prosecuted 165 cases for various tobacco offences.

My Department, in consultation with the Revenue Commissioners, regularly review the legislative framework. For example, the penalties for tobacco offences were significantly increased in the Finance Act 2010 when the penalty for conviction on indictment increased from €12,695 to €126,950 or up to three times the duty paid value of the goods, whichever is the greater, and/or a term of imprisonment not exceeding five years.

Mortgage Relief Schemes

Bernard J. Durkan

Question:

137 Deputy Bernard J. Durkan asked the Minister for Finance the efforts being made to assist those with mortgage arrears and affected by negative equity and unemployment as indicated to Dáil Éireann during the passage of the National Assets Management Agency legislation; and if he will make a statement on the matter. [34255/10]

The Government is conscious of the high value Irish people place on owning their own homes and is currently providing support for a number of initiatives designed to assist homeowners who are finding it difficult to meet their mortgage repayments and to prevent home repossessions. I refer in particular to the Mortgage Interest Supplement Scheme (MIS) funded by the Department of Social Protection, the Money Advice Budgeting Service (MABS), and the Code of Conduct on Mortgage Arrears.

In addition to the above support measures, in my Budget speech in December I refocused mortgage interest relief on those who bought their homes at the peak of the market. Where a homeowner's entitlement to mortgage interest relief would expire in 2010 or after, they will now continue to receive it up to the end of 2017.

The Renewed Programme for Government sets out the Government's commitments for introducing new measures to protect families having difficulties with their mortgage repayments and personal indebtedness under the headings Protecting the Family Home and Helping Those in Debt. I have spoken extensively about the Government’s intentions in this regard, including during the passage of the National Asset Management Agency legislation.

The Deputy will be aware that at the end of February, I announced the establishment of the Mortgage Arrears and Personal Debt Expert Group (Expert Group), under the chairmanship of Mr. Hugh Cooney an insolvency accountant, as a follow up to the Government's commitments to homeowners under the Renewed Programme for Government. Among the terms of reference of the Expert Group is a requirement to make recommendations to me on options for improving the current situation for families with mortgage arrears and personal debt, and also to take into account the ESRI report on negative equity.

Negative equity mainly applies to those homeowners who bought at high loan-to-value rates close to the peak of the market in 2006. The difficulty for the Government is that all estimates of the extent of negative equity appear to be based on very general economic assumptions, but it is very difficult to assess realistic price levels when property market activity remains low. Also, being in negative equity does not change the level of mortgage payments. The priority for Government is to ensure as far as possible that mortgage borrowers in arrears or facing into an arrears situation do not end up in legal proceedings for home repossessions. Home repossessions should be and generally have been the last resort for most lenders.

The Expert Group has completed the first phase of its work and submitted an Interim Report to me in July www.finance.gov.ie. The Interim Report's key recommendations address the issues of communication between householders in arrears and their lenders, and the need for a more consistent assessment process by lenders of borrowers in difficulty in the form of an industry-wide Mortgage Arrears Resolution Process (MARP) including a range of forbearance measures. The Expert Group in its Interim Report also includes a number of recommendations relating to the operation of the Mortgage Interest Supplement Scheme which is intended to support homeowners who are in difficulty in meeting their mortgage repayments due to being unemployed. The recommendations of the Expert Group have been accepted in full by the Government and action is being taken to bring them into effect.

The Expert Group is now in the process of addressing the more complex issues of homeowners who are facing long term difficulties in meeting their mortgage and personal debt commitments and will make recommendations to me at the end of next month.

Insurance Industry Regulation

Noel Ahern

Question:

138 Deputy Noel Ahern asked the Minister for Finance the legislation, if any, under which life assurance companies operate here and to list the regulations, Ombudsmen or appeal bodies provided by the State and the industry; the bodies from which persons (details supplied) can seek adjudication on the practices being imposed on them when premiums are being increased after 20 years and persons are being penalised for living longer. [34261/10]

Life assurance companies are governed by the Insurance Acts 1909 to 2000 and regulations relating to insurance made under section 3 of the European Communities Act 1972. This body of legislation deals with a range of issues including authorisation provisions, prudential supervision and governance matters. The day to day responsibility for ensuring that the insurance industry complies with this legislation is a matter for the Financial Regulator which is statutorily independent in the exercise of its regulatory functions.

Consumer issues are covered by the Financial Regulator's Consumer Protection Code which amongst other things sets out a series of general principles about how financial service firms (including all insurance companies) should interact with their customers. The Code however does not prohibit or restrict an insurance company which conducts life insurance business from increasing its annual premium rates, as this is a commercial decision for the company in question. In this regard the Financial Regulator has advised me previously in relation to similar type of enquiries that premiums for what are known as "Whole of Life " policies are not fixed and can increase over the duration of the policy.

The persons in question have the option of referring this matter to the Financial Services Ombudsman at www.financialombudsman.ie for investigation and adjudication.

Bank Guarantee Scheme

Michael McGrath

Question:

139 Deputy Michael McGrath asked the Minister for Finance the position regarding the amount of fees received to date, and expected to be received in total, by the Exchequer arising from the guarantee under the credit institutions financial support scheme 2008. [34289/10]

To date the banks have paid fees totalling €730m under the Credit Institutions (Financial Support) Scheme 2008. We have also received €296m under the ELG Scheme. This money, and that due under the next payment, will be transferred to the Exchequer in October. I do not expect to receive significant sums in relation to CIFS for Q3 as a credit still applies for overpayments of the CIFS fee in Q1 when ELG came on stream.

Michael McGrath

Question:

140 Deputy Michael McGrath asked the Minister for Finance the position regarding the €3.5 billion invested in both Allied Irish Bank and Bank of Ireland by way of preference share capital; the income received by the Exchequer arising from the coupons associated with these investments; the amount of ordinary share capital held in both institutions arising from the coupon payments; and if he will make a statement on the matter. [34300/10]

€3.5bn was invested by way of preference shares in AIB on 13 May 2009. On the 13 May 2010 the NPRFC received 198 million ordinary shares of AIB in lieu of a cash payment of the dividend on the preference shares. The payment was made in the form of ordinary shares as the European Commission requested that discretionary coupon payments on Tier 1 and Upper Tier 2 capital instruments in Bank of Ireland and AIB not be paid while it considered each bank's restructuring plan. This number of shares was equal to the aggregate cash amount of the annual dividend of €280 million, divided by the average price per share in the 30 trading days prior to the payment date.

€3.5bn was invested by way of preference stock in BOI on 31 March 2009. On 22 February 2010 the NPRFC received 184 million units of ordinary stock in lieu of a cash payment of the dividend on the preference stock, this being the number of units equal to the aggregate cash amount of the 2010 dividend of €250 million divided by 100% of the average price per unit of ordinary stock in the 30 trading days prior to the payment date.

As part of BOI's capital raise completed in the first half of 2010, the NPRFC converted 1,663 million units of preference stock into 1,715 million units of ordinary stock through participation in a rights issue and a direct placement of ordinary stock. In addition, as part of the capital raise, the NPRFC received €543m in transaction fees and payment for cancellation of the warrants and the interest rate on the remaining preference shares was increased from 8% to 10.25%.

As a result of the directed investments referred to above, the NPRFC holds 1,900 million units of ordinary stock in BoI and 1,837 million units of 2009 preference stock.

Question No. 141 answered with Question No. 12.

State Banking Sector

Kieran O'Donnell

Question:

142 Deputy Kieran O’Donnell asked the Minister for Finance his projection of the final cost to the taxpayer in respect of the Anglo Irish Bank bailout; when he will be making this announcement; and if he will make a statement on the matter. [34308/10]

As indicated in my statement of the 8th September the Government believes that it is essential to identify, with as much certainty as possible, the final cost for the restructuring and resolution of the bank. This will underpin international financial confidence in Ireland. Accordingly, the Central Bank/Financial Regulator was asked to determine the appropriate levels of capital needed in both institutions by October.

This assessment has now been completed. The Financial Regulator has determined that in the central — or expected loss case — an additional €6.4bn. in total capital will be required for the Recovery Bank and Funding Bank structure to continue to meet minimum capital requirements in the coming years consistent with Basel 2 rules. As the House will be aware a total of €22.9bn has already been provided by the State to support Anglo Irish Bank since the bank was nationalised early in 2009. This additional capital requirement brings the projected total cost of the restructuring of Anglo Irish Bank to €29.3bn.

Because of the recent volatility in the markets and the need to bring as much certainty to the situation I asked the Financial Regulator to undertake a stress test on Anglo building on the PCAR analysis carried out for the other banks earlier in the year. The Financial Regulator has determined that on the basis of severe stress assumptions — including a 70% discount on the remainder of Anglo's NAMA loans– the stress case level of losses in Anglo Irish Bank are €5bn. higher than in the base case of €29.3bn.

In order to safeguard the financial interests of the State it is vital for all to understand fully and present accurately and in a balanced way the fundamental difference between these two figures I have announced this evening.

The Financial Regulator's determination of the base case capital requirement for Anglo is €29.3bn. This is the Financial Regulator's best estimate of the capital required to meet those losses expected to arise from the remaining NAMA transfers and on the those loans not transferring in the years ahead.

The stress case estimate does not represent the Financial Regulator's expectation of the most likely outcome — it delimits the boundary of the level of losses that could arise if the bank were to experience unexpected additional losses in certain severe stressed scenarios.

The Government will ensure that the new structure for Anglo is capitalised to an appropriate level to maintain its stability throughout the restructuring process taking into account both the Financial Regulator's base and stress case and the contribution that could be made by further burden sharing exclusively by holders of subordinated debt in the bank.

The revised plan will be completed over the next two weeks in finalising the bank's revised restructuring to be submitted to the European Commission. It will also be a priority for authorities to press ahead rapidly with the restructuring of the bank with a view to achieving the split of the bank early in 2011. I am confident following further consultations with the European Commission that Commissioner Almunia will be in a position to indicate his agreement in principle to the proposed restructuring next month. This should allow the matter to be settled through a formal Commission Decision on a timely basis.

It is important to point out that this restructuring is not a winding down of the bank. The revised structure requires the Asset Recovery bank to focus on working out the assets of the bank over time.

Question No. 143 answered with Question No. 44.

National Debt

Kieran O'Donnell

Question:

144 Deputy Kieran O’Donnell asked the Minister for Finance the make up of the national debt in terms of total value, specific repayment periods and rate of interest payable; the expected national debt figures at the end of 2011, 2012, 2013, and 2014; the amount of interest payable on our national debt for 2010, 2011, 2012, 2013, and 2014; the average rate of interest paid on this national debt for each year and these interest figures as a percentage of GDP; and if he will make a statement on the matter. [34310/10]

The National Treasury Management Agency (NTMA) advise that the national debt was €75.2 billion at end-2009 and was €87.2 billion at end-August 2010. The weighted average cost of bonds raised in 2010 to date is 4.7% which is the same as the average cost achieved in 2009. The weighted average maturity of the debt is 7.6 years.

Based on the Budget 2010 estimates, Table 1 below outlines the national debt forecast, the maturity profile of the debt, and the debt servicing interest costs for the period to end-2014. These projections are currently being revised by my Department and the NTMA in the context of the publication of the Pre-Budget Outlook.

Table 1*

2010

2011

2012

2013

2014

Projected Level of National Debt €bn

94

112

127

139

148

Bond Maturities €bn

1.2

4.5

5.6

6.0

11.4

Debt Servicing Interest Costs €bn

Debt Servicing Interest Costs as % GDP

2.8%

3.4%

3.6%

3.9%

3.8%

*Figures in table based on forecasts contained in Budget 2010.

Question No. 145 answered with Question No. 74.

Economic Growth

Kieran O'Donnell

Question:

146 Deputy Kieran O’Donnell asked the Minister for Finance the expected growth rates for the economy for the calendar years 2010 and 2011; his plans to implement a growth strategy for the economy; and if he will make a statement on the matter. [34312/10]

As I've already indicated, my Department is assessing all relevant information and will publish revised macro-economic forecasts in the coming weeks. The Government has a clear economic growth strategy in place. The four key elements of the strategy are:

fiscal consolidation in order to put the public finances on a sustainable path;

repairing the banking system to ensure that credit is available to support viable economic activity;

improving our competitiveness so that exports can once again become the engine of growth in the Irish economy;

upskilling of the labour force to ensure that those who lose their jobs are in a position to gain employment in expanding sectors of the economy.

It is the Government's targeted actions in each of these areas that will ensure that the economy reverts to a sustainable growth path.

Banks Recapitalisation

Kieran O'Donnell

Question:

147 Deputy Kieran O’Donnell asked the Minister for Finance the projected cost to the taxpayer in respect of the recapitalisation of Allied Irish Bank and the Bank of Ireland; and if he will make a statement on the matter. [34313/10]

On 30 March 2009 I directed the National Pensions Reserve Fund Commission to invest €3.5 billion in preference shares issued by Bank of Ireland and on 12 May 2009 I directed the Commission to invest €3.5 billion in preference shares issued by Allied Irish Banks plc (AIB). I gave these directions having consulted the Governor of the Central Bank and the Regulatory Authority and having decided that the investments were required in the public interest to prevent potential serious damage to the financial system in the State and to ensure the continued stability of that system.

These investments were in perpetual preference shares with an annual non-cumulative fixed dividend of 8% payable in cash or, in the case of non-payment by either bank of the cash dividend, ordinary shares in lieu. The preference shares could be repurchased at par up to the fifth anniversary of the issue and at 125% of face value thereafter. Warrants issued with, but detachable from, the preference shares gave an option to purchase up to 25% of the enlarged ordinary share capital of each bank (following exercise of the warrants). The warrants were exercisable at any time from the fifth to tenth anniversary of issue of the preference shares or immediately prior to any takeover or merger of the bank concerned, whichever is earlier. The number of ordinary shares which may be acquired pursuant to the exercise of the warrants was subject to anti-dilution protection in line with market norms for warrants. Accordingly, the warrants will be proportionately adjusted for any increase or decrease in the number of ordinary shares in issue resulting from a subdivision or consolidation of units of ordinary shares. The warrants will also be proportionately adjusted for any capital distributions by the bank and for certain bonus issues or rights issues by the bank.

In February and May 2010 the Fund received ordinary shares in Bank of Ireland and AIB respectively in lieu of cash as payment of the first dividend on its preference share investments. The payment was made in the form of ordinary shares as the European Commission has requested that discretionary coupon payments on Tier 1 and Upper Tier 2 capital instruments in Bank of Ireland and AIB not be paid while it considers each bank's restructuring plan. The number of shares issued in each case represents the amount of the annual preference share dividend divided by the average share price in the 30 trading days prior to the date of issue.

On 25 April 2010, again having consulted the Governor of the Central Bank and the Regulatory Authority and having decided that it is required in the public interest to prevent potential serious damage to the financial system in the State and to ensure the continued stability of that system, I issued directions to the National Pensions Reserve Fund Commission to convert part of its €3.5 billion holding of Bank of Ireland preference stock into ordinary stock as part of the capital raising exercise announced by the bank on 26 April. The details of the transaction are as follows:

Placing/ Conversion (Step 1)

The National Pensions Reserve Fund (NPRF) subscribed for 576 million units of ordinary stock. In exchange for this stock the NPRF converted 1,036 million units of preference stock at their issue price of €1.00 into ordinary stock.

Warrant cancellation

The NPRF received €491 million in cash in return for the cancellation of the warrants issued in conjunction with the preference stock.

Rights Issue (Step 2)

The NPRF participated in the Bank of Ireland rights issue taking up the full allocation to which it is entitled at a price of €0.55 per unit of ordinary stock. In order to exercise the rights, the NPRF converted a further 627 million units of its preference stock into ordinary stock.

Fees

The NPRF received €52 million in fees for its participation in the transaction.

Change in dividend rate on preference stock

The dividend rate on the remaining preference stock increases from 8.00% to 10.25%.

The transaction involved no new investment by the NPRF in Bank of Ireland and was funded entirely via conversion of preference stock. Including the cancellation of the warrants issued in conjunction with the preference stock and fees, the NPRF has received total cash income of €543m from Bank of Ireland for participation in the transaction.

The NPRF's directed investment in Bank of Ireland now consists of:

1,900 million units of ordinary stock valued at their current market price (36% of the bank's ordinary stock in issue); and

1,837 million units of preference stock held at their issue price of €1.00 paying an annual dividend of 10.25%.

The NPRF's directed investment in AIB now consists of:

3,500 million units of preference shares held at their issue price of €1.00 paying an annual dividend of 8.00%.

198 million ordinary shares valued at their current market price (18% of the bank's ordinary stock in issue).

On 30 March 2010 I gave details to the House of the further capital needs of the banks in order to meet the Financial Regulator's requirement of a Tier 1 capital ratio of 8%, of which 7% must be equity. In the case of AIB I said the Regulator has determined that AIB must raise additional equity capital of at least €7.4 billion by the end of the year to meet the new base case capital standards. AIB immediately commenced the process of the sale of overseas assets as a first step in meeting its capital needs.

The Central Bank has now assessed the impact of the increased NAMA discount on AIB's capital requirements and has concluded that an additional amount of €3bn will be required. This brings the total capital requirement for AIB, after deducting the capital generated on the sale of its Polish subsidiary, to €7.9bn.

In order to afford every opportunity to AIB to raise as much as possible of the required capital from the markets and to minimise further Government support, it has been decided that this capital requirement will be met through a placing and open offer to shareholders of AIB shares to the value of €5.4bn. This transaction will be fully underwritten by the National Pension Reserve Fund Commission (NPRFC) at a fixed price of €0.50 per share and is expected to be completed in 2010 subject to shareholder and regulatory approval. If necessary, the NPRFC's underwriting commitment will be satisfied by the conversion of up to €1.7bn. of its existing preference shares in the bank into ordinary shares along with a new cash investment for the balance of €3.7bn in ordinary shares. This transaction structure assumes the sale of AIB's stake in M&T Bank and disposal of other assets in due course.

In the event that the bank's residual capital requirement is not met through asset sales by 31 March 2011, any shortfall will be met by the conversion of a proportion of the remaining €1.8bn. of preference shares. The company will issue a prospectus in relation to the open offer in due course giving details of the transaction, underwriting structure and timing. In the first instance, existing shareholders will be given the option of subscribing for the whole or part of their entitlement to new shares under the offer pro rata to their existing holdings. New institutional shareholders may also be permitted to subscribe for new shares. Any additional capital required will be provided by the NPRFC.

Ireland is committed to ensuring that all additional aid to AIB will be granted in line with State aid rules. To this end, it will notify the new measures to seek State aid approval before they are implemented. As a consequence of these actions it is likely that the State will hold a majority shareholding in AIB.

The high level of State support being provided to AIB, as an institution, is absolutely necessary given the central role that AIB plays in the Irish economy and in the Irish financial system. In the coming weeks I will be working closely with the Board of the Bank on behalf of the Government to ensure that AIB successfully overcomes its current challenges and develops a renewed strategic focus on the Irish market following the divestiture of its overseas operations.

Financial Services Regulation

Catherine Byrne

Question:

148 Deputy Catherine Byrne asked the Minister for Finance the number of moneylending licences currently on record; the number of new licences granted each year from 2008 to date in 2010; and if he will make a statement on the matter. [34315/10]

The Financial Regulator has advised me that the number of licences granted each year from 2008 to end August 2010 is as follows:

No. of licensed moneylenders

Year

Number

2008

52

2009

52

2010

51 (as at 31 August 2010)

The Deputy might wish to note that money lending licences must be renewed annually and that the number of valid licences at a particular time does not vary significantly. This is because the number of new licensees is generally equivalent to the number who cease operating as money lenders.

Tax Code

Arthur Morgan

Question:

149 Deputy Arthur Morgan asked the Minister for Finance the potential gain to the Exchequer in a full year if dividend withholding tax was applied to pension funds. [34332/10]

I am informed by the Revenue Commissioners that statistical data is not available to distinguish the amount of dividends associated with pension funds. Accordingly, the specific information requested by the Deputy is not available.

Arthur Morgan

Question:

150 Deputy Arthur Morgan asked the Minister for Finance the potential gain for the Exchequer annually if the repayable DIRT for over 65 year olds was to be means tested and no longer applied to savings in excess of €300,000. [34333/10]

I am advised by the Revenue Commissioners that sufficiently detailed figures are not captured on the statutory return of DIRT filed by the financial institutions in such a way as to provide a basis for compiling estimates of the impact on the Exchequer from the change mentioned in the question. Accordingly, the specific information requested by the Deputy is not available.

An individual aged 65 or over is only eligible for a refund of or exemption from DIRT if his or her taxable income, including deposit interest, does not exceed the relevant income tax exemption limit — €20,000 for single individuals and €40,000 for married couples. Such individuals would be unlikely to have savings in excess of €300,000.

Arthur Morgan

Question:

151 Deputy Arthur Morgan asked the Minister for Finance the amount lost to the Exchequer annually through the tax relief made payable for trading losses. [34334/10]

Arthur Morgan

Question:

152 Deputy Arthur Morgan asked the Minister for Finance if the Revenue Commissioners have undertaken any kind of investigation to establish the potential losses to the Exchequer annually caused by the ability of companies to surrender trading losses to members of their corporate group in order to allow other companies within the group to write those losses off against their profits. [34335/10]

I propose to take Questions Nos. 151 and 152 together.

I am informed by the Revenue Commissioners that the aggregate amount of trading losses for Corporation Tax returned by companies for accounting periods ending in 2008 (the latest year for which figures are available) was approximately €17.4 billion and the aggregate amount of losses carried forward from earlier accounting periods was €11.7 billion. The equivalent figures for Income Tax were €653 million and €438 million.

These figures reflect an inevitable increase in the incidence of trading losses due to the economic downturn. I should emphasise that the figures do not represent the actual amount of trading losses used to claim relief in the period. Revenue's computer systems do not provide data on the aggregate amount of trading losses actually used by companies to offset profits in a year and, therefore, information is not available on the overall Exchequer effect of loss relief claimed each year. The Revenue Commissioners are currently examining how best their data processing systems for Corporation Tax can be adapted to provide details of the aggregate amount of loss relief used in a year and the Exchequer effect of such relief.

In relation to the surrender of trading losses by Companies to other Group Companies, claimed as an element of group relief, I am informed by the Revenue Commissioners that the aggregate amount group relief claimed by companies for accounting periods ending in 2008 was approximately €8.4 billion. This includes trading losses and various other amounts surrendered by group companies such as capital allowances and non-trade charges. However, it is not possible to separately identify the amount of trading losses that are included in the figure and, as the figures are from the tax returns submitted, they may be subject to change following processing and assessment in Revenue. Therefore, the amount of losses actually used as group relief in the periods concerned may differ from the figure above.

I should add that losses incurred in a trade are a fact of business life and the provision of relief for such losses is a standard feature of our tax code and that of all other countries in the OECD. It would be difficult to justify taxing business income without taking due account of business losses or, in the context of groups of companies under common ownership, without allowing the sideways set-off within the group of losses that reduce the overall profitability of the group.

Arthur Morgan

Question:

153 Deputy Arthur Morgan asked the Minister for Finance the potential gains for the Exchequer of lifting the exemption on capital gains tax for transfer of pension fund rights. [34336/10]

I am informed by the Revenue Commissioners that figures are not captured in such a way as to provide a dedicated basis for compiling an estimate of the gain to the Exchequer from the change mentioned in the question. Accordingly, the specific information requested by the Deputy is not available.

Arthur Morgan

Question:

154 Deputy Arthur Morgan asked the Minister for Finance the amount lost to the Exchequer annually through the awarding of shares as opposed to cash bonuses to employees. [34337/10]

If an employee is given free shares by his or her employer, the employee is normally chargeable to income tax on the value of the shares, just as the employee would be chargeable to income tax on the value of a cash bonus. However, where the shares are awarded through a Revenue approved profit sharing scheme, the employees are not chargeable to income tax on the value of the shares awarded, subject to a general annual limit of €12,700 on the value of shares. The cost to the Exchequer is essentially the income tax foregone on the value of any shares awarded under such schemes. Apart from approved profit sharing schemes, there are some other tax-advantaged employee financial participation schemes that must be approved by the Revenue Commissioners in order for the tax relief to apply. These are:

Approved share option schemes, under which employees are not chargeable to income tax on any gains arising on the exercise of share options;

Savings-related share option schemes, which comprise a share option scheme element and a savings element. Interest or bonuses arising on any savings that may be used to acquire shares are not chargeable to income tax;

Employee share ownership trusts, which work in conjunction with approved profit sharing schemes and have the further tax advantage of not being taxable on any dividends received in respect of shares held by the trust where such dividend income is used to purchase further shares;

Income tax relief in respect of new shares purchased on issue by employees of certain trading companies up to a lifetime limit of €6,350.

The following table sets out the estimated cost to the Exchequer in terms of income tax foregone in respect of the various share-related schemes for 2007, the latest year for which this information is available.

Employee Share Schemes

Estimated cost to the Exchequer*

€m

Approved profit-sharing schemes

106

Employee share-ownership trusts

4

Approved share-option schemes

3

Approved savings-related share option schemes

12

Relief for new shares purchased on issue by employees

<1

*Figures are particularly tentative and subject to a considerable margin of error.

Arthur Morgan

Question:

155 Deputy Arthur Morgan asked the Minister for Finance the potential gain to the Exchequer annually of placing a levy of 1% on profits of holding companies here. [34338/10]

Given that holding companies of domestic groups do not generally have profits chargeable to Corporation Tax, thus imposing a 1% levy would not provide a yield for the Exchequer, I am presuming that the Deputy is referring to holding companies with foreign subsidiaries. It is not possible to predict the effect such a levy would have on the behaviour and decisions of holding companies with foreign subsidiaries. Therefore, it is not possible to provide a reliable estimate of any yield that might accrue to the Exchequer if such a levy were imposed on the their profits. In any event, such a levy would be unlikely to yield significant additional Irish tax because many of the holding companies with foreign subsidiaries would be entitled, under the terms of our Double Taxation Treaties, to reduce the additional charge by the amount of foreign tax paid on the profits out of which their dividend income was paid.

Arthur Morgan

Question:

156 Deputy Arthur Morgan asked the Minister for Finance the rationale behind the stamp duty exemption for transfers of loan capital and the potential gain to the Exchequer annually of abolishing the exemption. [34339/10]

The rationale behind the Stamp Duty exemption for transfers of loan capitalis to facilitate business by avoiding the imposition of a Stamp Duty charge in cases where it was not intended that such a charge should apply. I am informed by the Revenue Commissioners that figures are not captured in such a way as to provide a dedicated basis for compiling estimates of the impact on the Exchequer from changes mentioned in the questions. Accordingly, the specific information requested by the Deputy is not available.

Arthur Morgan

Question:

157 Deputy Arthur Morgan asked the Minister for Finance the rationale behind the exemptions on stamp duty for the transfer of units in regulated collective investment undertakings and the potential gain to the Exchequer annually if the exemption was abolished. [34341/10]

The rationale for the changes introduced in Finance Act 2010 arises principally from the new European UCITS (Undertakings for Collective Investment in Transferable Securities) IV Directive which will become operational on 1 July 2011. The measures extended the circumstances in which Irish investment undertakings can avail of existing Stamp Duty relief following a merger or reorganisation with the aim of removing a potential barrier to the development of the Funds Industry in Ireland.

I am informed by the Revenue Commissioners that figures are not captured in such a way as to provide a dedicated basis for compiling estimates of the impact on the Exchequer from changes mentioned in the questions. Accordingly, the specific information requested by the Deputy is not available.

Arthur Morgan

Question:

158 Deputy Arthur Morgan asked the Minister for Finance the potential gain to the Exchequer annually from the abolition of the exemption from stamp duty on the transfer of foreign immovable properties. [34343/10]

Arthur Morgan

Question:

159 Deputy Arthur Morgan asked the Minister for Finance the potential gain to the Exchequer annually from the abolition of the exemption from stamp duty on transfer of intellectual property. [34344/10]

I propose to take Questions Nos. 158 and 159 together.

I am informed by the Revenue Commissioners that figures are not captured in such a way as to provide a dedicated basis for compiling estimates of the impact on the Exchequer from the changes mentioned in the questions. Accordingly, the specific information requested by the Deputy is not available.

Arthur Morgan

Question:

160 Deputy Arthur Morgan asked the Minister for Finance the potential gain to the Exchequer annually from the abolition of the tax exemption applied for resident companies receiving dividends from other resident companies. [34345/10]

The Taxes Consolidation Act 1997 provides that Corporation Tax is not charged on dividends received by a company from another company resident in the State, subject to certain exceptions. The reason for this exemption is that such dividends are paid out of profits of the dividend-paying company which have already been subject to Corporation Tax and to apply a corporation tax charge on the company receiving the dividends would, in effect, amount to double taxation.

If the exemption were to be abolished and companies were to be made chargeable to Corporation Tax on dividends received from other companies resident in the State, it would be necessary to allow a credit for Corporation Tax paid by the dividend-paying company on the profits out of which the dividends were paid. As such a credit would offset the Corporation Tax payable on dividends received, there would be no net gain to the Exchequer from the abolition of this exemption, but there would be additional administrative demands on companies and the Revenue Commissioners.

Arthur Morgan

Question:

161 Deputy Arthur Morgan asked the Minister for Finance the rationale behind, and the potential gain to the Exchequer annually from the abolition of the capital gains tax deferment allowed to amalgamated or reorganised companies. [34346/10]

Arthur Morgan

Question:

163 Deputy Arthur Morgan asked the Minister for Finance the rationale behind, and the potential gain to the Exchequer annually from the abolition of the corporation tax deferment where shares held as trading stock are exchanged in a corporate reorganisation. [34348/10]

I propose to take Questions Nos. 161 and 163 together.

Deferral of Capital Gains Tax is provided for in a company reorganisation or amalgamation that does not involve a cash payment. These are generally referred to as "paper for paper" transactions. If the company reorganisation or amalgamation involves a cash payment, the cash element is taxed in the normal way.

Deferring tax in the case of a paper for paper exchange recognises not only the fact that the transaction has not produced cash with which to pay tax, but also that the parties concerned have not disposed of their interest in the underlying assets. This treatment is in line with international practice. It is also provided for in the EU Mergers Directive (90/434/EEC) OJ No. L 225 28.8.1990.

Where shares are exchanged in a corporate reorganisation, the exchange does not give rise to a charge to Capital Gains Tax. However, shares held as trading stock are not chargeable assets and do not come within the scope of the Capital Gains Tax Acts. Shares held as trading stock are relevant to the computation of income rather than capital gains. In computing a company's income there are no special rules relating to the exchange of shares held as trading stock. A disposal of shares held as trading stock is within the charge to tax as part of the company's trading profits, which are computed in accordance with accounting principles. As transfers in the course of corporate reorganisations or amalgamations do not give rise to tax under the current legislation the Revenue Commissioners do not have information regarding the number of value of such transactions.

Arthur Morgan

Question:

162 Deputy Arthur Morgan asked the Minister for Finance the rationale behind, and the potential gain to the Exchequer annually from, the abolition of the capital gains tax deferment allowed for the transfer of assets within a corporate group. [34347/10]

As transfers between Group Companies are not taxable transactions, the Revenue Commissioners do not have information regarding such transactions that would enable the figure requested to be estimated.

The Capital Gains Tax Acts permit the transfer of assets within a Corporate Group on a no gain/no loss basis for Capital Gains Tax purposes and tax is then levied when assets are sold outside the Group. The tax payable when the asset is sold outside the Group will be the tax on the full gain accruing since the asset was first acquired by a Group Company.

For financial reporting purposes, a Company prepares its own accounts and then, if it is a member of a Group, these results will be consolidated into the financial results of its ultimate Parent Company. In this way, the Group is treated as a single business entity with the results of each Group member being pooled to give the results and financial position for the Group as a whole. However, for tax purposes, each Company within a Group is treated as a separate entity. Each Company in the Group makes its own Tax Return, computes its own liability and is assessed on and pays that liability separately. This separate Company approach is modified in specific respects to acknowledge the common ownership of the Companies that are members of the same Corporate Group. In relation to transfers of assets within a Corporate Group, the Tax Acts reflect the fact that the transfer does not result in a change in the ultimate corporate ownership of the asset.

Question No. 163 answered with Question No. 161.

Arthur Morgan

Question:

164 Deputy Arthur Morgan asked the Minister for Finance if he will estimate the losses incurred to the Exchequer annually by the deferment of capital gains tax when a business is transferred from an individual to a company. [34349/10]

Arthur Morgan

Question:

165 Deputy Arthur Morgan asked the Minister for Finance the potential gains to the Exchequer annually if a limit of €300,000 was applied to the capital gains tax exemption for the transfer of assets between married couples. [34350/10]

I propose to take Questions Nos. 164 and 165 together.

I am informed by the Revenue Commissioners that figures are not captured in such a way as to provide a dedicated basis for compiling estimates of the impact on the Exchequer from the changes mentioned in the questions. Accordingly, the specific information requested by the Deputy is not available.

Arthur Morgan

Question:

166 Deputy Arthur Morgan asked the Minister for Finance the potential gains to the Exchequer annually if a limit of €300,000 was applied to the capital acquisitions tax exemption between married people. [34351/10]

I am informed by the Revenue Commissioners that figures are not captured in such a way as to provide a dedicated basis for compiling an estimate of the gain to the Exchequer from the change mentioned in the question. Accordingly, the specific information requested by the Deputy is not available.

Arthur Morgan

Question:

167 Deputy Arthur Morgan asked the Minister for Finance if the four-year write-off period for stallions is still in existence and the potential gains to the Exchequer annually from the abolition of this exemption. [34352/10]

I am advised by the Revenue Commissioners that the 4 year write-off period for stallions for tax purposes, which was introduced on 1 August 2008 (at the time the tax exemption for stallion stud fees was abolished), is still in existence.

The four-year write down period reflects the fact that some stallions have a short nomination life and also takes into account that the majority of stallions are unsuccessful at stud.

If this provision was discontinued, the cost of a stallion would be allowed as a deduction upon its disposal or death under normal rules. As the benefit of the 4 year write-off is largely one of timing, its abolition would not be expected to give rise to gains to the Exchequer in the long run, as any resultant annual gains would be offset by increased tax deductions in the year of disposal or death of the stallion.

Public Service Contracts

Michael McGrath

Question:

168 Deputy Michael McGrath asked the Minister for Finance his views on the use by local authorities of randomly selected contractor sub-panels as part of a framework agreement (details supplied). [34367/10]

The use of random selection to establish a short-list for a public sector tender competition can be appropriate and is permissible under public procurement rules and guidelines, provided that it is conducted on an open and non-discriminatory basis. Public Procurement guidance issued by my Department covers this matter and sets out the circumstances and manner in which such a process may be used by a public contracting authority.

Tax Code

Michael McGrath

Question:

169 Deputy Michael McGrath asked the Minister for Finance if he has given consideration to providing income tax relief to residents on their contribution towards the maintenance by the respective residents’ association of their housing estate. [34369/10]

It remains essential, in the context of the forthcoming Budget, to send a clear, decisive signal that Ireland is determined to continue to adopt feasible, sustainable budgetary measures to underpin the public finances over the long-term.

As such, it would not be appropriate to consider introducing a relief of this nature, one which would by definition be somewhat selective and likely to favour certain sections of the community.

The Deputy will be aware that the Finance Act 2010 contains a measure which terminates the provision of tax relief given in respect of service charges paid by a taxpayer in the previous year. However, relief is still available in the tax year 2011 for service charges due in 2010 and actually paid.

Fiscal Policy

Michael Noonan

Question:

170 Deputy Michael Noonan asked the Minister for Finance the tax buoyancy effect of investment in infrastructure if the buoyancy is standard across different capital investments; and if he will make a statement on the matter. [34400/10]

As regards capital expenditure, the Government published Infrastructure Investment Priorities for 2010 — 2016 in July 2010. The core rationale for the current investment in public infrastructure is to create the framework conditions to facilitate a return to growth and thereby support sustainable job creation into the longer term. This can be achieved through capital investment in infrastructure which bolsters the economy's productive capacity such as the road network, the water services infrastructure, broadband provision and educational facilities among many more areas.

Adjustments in expenditure, capital or current, and tax policy, have an impact on the economy in that they can result in changes in consumption and investment patterns leading to changes in tax revenues. Tax buoyancy is mainly a function of the marginal propensity to consume and generally changes in policy are assumed to lead to a buoyancy factor in the range of 20 to 30 per cent. A buoyancy factor in the lower range is generally thought appropriate in terms of capital expenditure.

Bank Guarantee Scheme

Joan Burton

Question:

171 Deputy Joan Burton asked the Minister for Finance if he will set out his exit strategy from the credit institutions financial support scheme and bank eligible liabilities guarantee scheme; if he will comment on the ongoing EU state aid approval process from the extension of the ELG scheme beyond 30 June 2010; if he intends to extend beyond 29 September 2010 the deadline for issuance of liabilities covered by the ELG scheme; and if he will make a statement on the matter. [34226/10]

The Deputy will be aware that a Statutory Instrument which extends the Eligible Liabilities Guarantee (ELG) Scheme to 31 December 2010 was approved by both Houses of the Oireachtas yesterday, having previously received EU State aid approval. The Statutory Instrument provides the legislative basis for the extension of the ELG Scheme to 31 December 2010 for both deposits and liabilities eligible under the Scheme reflecting the approvals granted by the European Commission on 28 June 2010 and 21 September 2010 in line with the relevant State aid rules. Approval for the continued provision of financial support under the ELG Scheme must be sought from the European Commission every six months in accordance with EU State aid requirements.

This is an important support to the Irish banking system, facilitating its access to both short and longer term funding to help maintain the overall stability of the banking sector and complements the broad Government Strategy to restore fully the banking system and maximise its contribution to overall economic recovery.

My Department and the relevant state authorities along with the EU Commission will continue to monitor market developments over the coming months so as to confirm that the Guarantee continues to underpin the core principles of financial stability and funding access for the financial institutions.

Progress in relation to the phasing out of the guarantee will be achieved over time consistent with any requirement for continued support of the funding conditions of the banks and the maintenance of financial stability overall.

Care of the Elderly

Bernard J. Durkan

Question:

172 Deputy Bernard J. Durkan asked the Minister for Health and Children if home help can be offered to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [34377/10]

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

Medical Cards

Bernard J. Durkan

Question:

173 Deputy Bernard J. Durkan asked the Minister for Health and Children when a review of an application for full medical card will be arranged in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [34379/10]

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

Health Services

Denis Naughten

Question:

174 Deputy Denis Naughten asked the Minister for Health and Children when a decision will issue on an application in respect of a person (details supplied) in County Roscommon; and if she will make a statement on the matter. [34144/10]

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

James Bannon

Question:

175 Deputy James Bannon asked the Minister for Health and Children her plans to set up a local podiatry service in respect of a person (details supplied) in County Westmeath as part of the national foot-screening programme, in view of the fact that more than €1 million was spent in County Westmeath treating preventable diabetic foot disease between 2005 and 2009 and foot screening can reduce diabetic foot disease by 50% according to international research; and if she will make a statement on the matter. [34150/10]

Willie Penrose

Question:

183 Deputy Willie Penrose asked the Minister for Health and Children the steps she will take to put in place a community-based diabetic podiatry service for persons in County Westmeath as part of a national foot-screening programme; and if she will make a statement on the matter. [34201/10]

Denis Naughten

Question:

188 Deputy Denis Naughten asked the Minister for Health and Children her plans to introduce foot screening for person’s with diabetes; the plans she has, if any, to increase the number of podiatrists within the Health Service Executive; her plans to enhance investment in both hospital and community diabetes podiatry services; and if she will make a statement on the matter. [34250/10]

Catherine Byrne

Question:

195 Deputy Catherine Byrne asked the Minister for Health and Children if she will address the problem of inadequate podiatry services available to persons with diabetes; and if she will make a statement on the matter. [34321/10]

I propose to take Questions Nos. 175, 183, 188 and 195 together.

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

Hospitals Building Programme

Deirdre Clune

Question:

176 Deputy Deirdre Clune asked the Minister for Health and Children the position regarding the proposed development of the hospital to be provided under the co-location scheme at Cork University Hospital; her policy in this area; and if she will make a statement on the matter. [34162/10]

The Renewed Programme for Government re-affirms the Government's commitment to the current co-location programme. The preferred bidder has been selected, and the Project Agreement signed for the Cork University Hospital co-location project. Planning permission has been granted for this project.

The co-location programme is a complex public procurement process. It is a matter for each successful bidder to arrange its finance under the terms of the Project Agreement. The co-location initiative, like other major projects, has to deal with the changed funding environment. The HSE is continuing to work with the successful bidders to provide whatever assistance it can to help them advance the projects.

Health Services

Finian McGrath

Question:

177 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 5. [34166/10]

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

Finian McGrath

Question:

178 Deputy Finian McGrath asked the Minister for Health and Children if she will support patients who can no longer access dental treatment and to act on this priority issue. [34169/10]

Caoimhghín Ó Caoláin

Question:

185 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if she will reverse the cutbacks to the dental treatment services scheme and the dental treatment benefit scheme in view of the hardship caused to patients and adverse consequences for dental health and for the dental profession, including the closure of practices; and if she will make a statement on the matter. [34210/10]

I propose to take Questions Nos. 178 and 185 together.

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. There are no plans to reverse these changes.

Under the new measures the range of treatments available are being prioritised. 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. Services for high-risk patients and those requiring exceptional care continue to be available. The remaining care provision is subject to prior approval, which will be required from a clinician in the HSE, who will prioritise for: high risk and exceptional patients; those requiring emergency care; and patients who are considered to have greater clinical urgency and/or necessity in receiving care.

Where prior approval is required for the treatment, the HSE Principal Dental Surgeons will apply their professional judgment to determine, in the circumstances, whether or not there is a clinical emergency, and whether or not treatment should therefore be approved. The HSE will also 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.

Health Service Funding.

Terence Flanagan

Question:

179 Deputy Terence Flanagan asked the Minister for Health and Children if she will release immediately the funding available to the new St. Francis Hospice in Blanchardstown, Dublin 15, to enable the project to be completed; and if she will make a statement on the matter. [34171/10]

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

Terence Flanagan

Question:

180 Deputy Terence Flanagan asked the Minister for Health and Children if she will provide details of the amount of funding that has been provided for Dublin hospices and if she will give a full breakdown per hospice over the past five years; and if she will make a statement on the matter. [34172/10]

Terence Flanagan

Question:

181 Deputy Terence Flanagan asked the Minister for Health and Children her plans to increase the number of beds in Dublin hospices; the waiting lists and her plans to ease same; and if she will make a statement on the matter. [34174/10]

I propose to take Questions Nos. 180 and 181 together.

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

Social Welfare Benefits

Michael Ring

Question:

182 Deputy Michael Ring asked the Minister for Health and Children the reason the Health Service Executive did not locally rectify an error in its calculations when assessing a person (details supplied) in County Mayo for back to school clothing and footwear allowance scheme; and if she will make a statement on the matter. [34177/10]

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

Question No. 183 answered with Question No. 175.

Health Services

Caoimhghín Ó Caoláin

Question:

184 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if her Department is carrying out an evaluation of the effects on dental health cutbacks to the dental treatment services scheme and the dental treatment benefit scheme; and if she will make a statement on the matter. [34209/10]

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. In consequence, the HSE 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 for adult medical card holders. The HSE will ensure that high risk groups and patients with greatest needs are prioritised. The HSE will also monitor the ongoing effect of these changes from a clinical and budgetary perspective and will continue to engage with dental professionals to ensure clarity and consistency in implementing these changes.

Responsibility for the Dental Treatment Benefit Scheme, which provides dental services to insured people, rests with my colleague, the Minister for Social Protection. My Department is not carrying out an evaluation on the effects of changes to either of these Schemes.

Question No. 185 answered with Question No. 178.

Hospital Services

Seán Ó Fearghaíl

Question:

186 Deputy Seán Ó Fearghaíl asked the Minister for Health and Children if she will request the Health Service Executive to schedule orthopaedic surgery, as a matter of urgency, in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [34229/10]

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

Health Screening Programmes

Pádraic McCormack

Question:

187 Deputy Pádraic McCormack asked the Minister for Health and Children her plans for setting up a national health test for each person in the country; and if she will make a statement on the matter. [34247/10]

In light of the current economic circumstances, I have no plans to establish a national scheme for health screening of the entire population.

One of the recommendations in the recently published Cardiovascular Policy Report is that a health technology assessment be carried out to evaluate the health and economic benefits of introducing systematic risk assessment programmes for patients considered to be at risk from cardiovascular disease and stroke. My Department is considering how best to advance this recommendation.

Question No. 188 answered with Question No. 175.

Health Services

Finian McGrath

Question:

189 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [34254/10]

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

Driving Tests

Noel Ahern

Question:

190 Deputy Noel Ahern asked the Minister for Health and Children the position regarding the renewal of driving licences for those over 70 years of age; if she will confirm that there is no fee; the criteria involved; the situation regarding general practitioners charging a fee; the options open to a general practitioner; if a general practitioner can refer an applicant further and which medical or other person can approve an applicant; what is the MCLIT qualification and the person who appointed this body to approve applicants; her views on whether it is appropriate for a free licence to be issued and professionals, for example general practitioners, to charge €50 and non-medical consultants to charge €145; and if she will make a statement on the matter. [34267/10]

The contract between the Health Service Executive (HSE) and general practitioners under the General Medical Services (GMS) Scheme stipulates that fees are not paid to GPs by the HSE in respect of certain medical certificates which may be required, for example, "under the Social Welfare Acts or for the purposes of insurance or assurance policies or for the issue of driving licences".

Consultation fees charged by general practitioners and consultants to private patients and to GMS patients outside the terms of the GMS contract are a matter of private contract between the clinicians and the patients. While I have no role in relation to such fees, I would expect clinicians to have regard to the overall economic situation in setting their fees. My colleague the Minister for Enterprise, Trade and Innovation has also called on providers of professional services in the private sector to adjust their fees in line with the reductions in fees of those providing such services in the public sector. I should add that General Practitioners who hold General Medical Services (GMS) contracts with the Health Service Executive (HSE) must not seek or accept money from medical card or GP visit card holders in respect of routine treatment.

Cardiovascular Health Strategy

Noel Ahern

Question:

191 Deputy Noel Ahern asked the Minister for Health and Children the proposals made to date and planned with the Department’s cardiovascular health policy regarding stroke victims; if ring-fenced funding is provided; if the findings of the report entitled, Cost of Stroke in Ireland, are accepted; the overall resources spent on stroke victims and if cost-neutral changes and better management are planned to give victims better care in a managed system. [34271/10]

In June this year I launched a new cardiovascular policy "Changing Cardiovascular Health: Cardiovascular Health Policy 2010 -2019”. This policy establishes a framework for the prevention, detection and treatment of cardiovascular diseases, including stroke, which will ensure an integrated and quality assured approach in their management, so as to reduce the burden of these conditions.

The Cardiovascular Policy Report proposes that stroke services be reconfigured on a network basis at hospital and emergency care level. Each network will provide specialist services by a blend of hospitals designated as (i) local/general and (ii) regional/comprehensive centres. Under the reconfigured hospital network system, stroke patients will be brought directly to the appropriate centre for initial treatment. An improved ambulance service will ensure that 80% of the population will be brought to the appropriate centre within the accepted critical timeframe.

In the context of the implementation of the Report, the HSE has appointed two lead clinicians to direct the implementation of the recommendations in so far as stroke is concerned. Funding will come from within current resources provided for in the HSE Service Plan. The HSE is currently identifying the hospitals and networks required to support the Policy. As of July this year, 15 hospitals reported having an acute stroke unit and one further hospital has opened a stroke unit since then. Some 16 hospitals reported delivering 24 hour thrombolysis.

I have noted the contents of the recent Irish Heart Foundation's report on the estimated cost of stroke in Ireland.

Health Services

Frank Feighan

Question:

192 Deputy Frank Feighan asked the Minister for Health and Children the position regarding a community hospital (details supplied) and when it is envisaged that work will commence on it. [34304/10]

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

Departmental Expenditure

Catherine Byrne

Question:

193 Deputy Catherine Byrne asked the Minister for Health and Children the portion of her Department’s 2010 budget that is allocated to the office of the Minister for older persons; the corresponding figure for 2008 and 2009; and if she will make a statement on the matter. [34319/10]

The Office of the Minister for Older Persons does not have a specific allocation within my Department. The following table outlines the staff costs associated with this Office which are paid from my Department's Administrative Budget.

Name

2010 (to date)

2009

2008

Total by Cost Centre

Minister of State Aine Brady / Maire Hoctor

384,562.05

632,231.98

692,014.45

1,708,808.48

Strategy Development for Older People

269,243.44

131,975.07

0.00

401,218.51

Director: Office for Older People

87,222.74

426,695.77

223,566.13

737,484.64

Service for Older People & Palliative Care

1,143,119.12

2,427,657.13

2,654,528.53

6,225,304.78

Total by Year

1,884,147.35

3,618,559.95

3,570,109.11

9,072,816.41

The National Council on Ageing and Older People was subsumed into my Department in October 2009. In 2008 and 2009, €904,000 and €430,000 respectively was provided in direct funding to that organisation prior to the staff transferring to the Department. In addition, an allocation of €1.6m has been made available in the current year to fund the Irish Longitudinal Study on Ageing (TILDA).

The main spending in relation to Older Persons is undertaken by the HSE. As set out in the National Service Plans 2008-2010, the allocations for Services for Older Persons were €1.239bn, €1.275bn and €1.316bn respectively.

National Positive Aging Strategy

Catherine Byrne

Question:

194 Deputy Catherine Byrne asked the Minister for Health and Children the status of the national positive aging strategy; when this strategy will be published; and if she will make a statement on the matter. [34320/10]

The Programme for Government 2007-2012 identified the need ‘to better recognise the position of older people in Irish society' and committed to develop a National Positive Ageing Strategy to establish the strategic framework for future policies, programmes and services for older people in Ireland. A key function of my office, which was established in 2008, is to develop this Strategy.

A call for submissions on the Strategy was issued in June 2009 and 192 submissions were received from a broad range of stakeholders. The top five priority themes that emerged from the submissions were: health and social care (64%); transport (40%); social inclusion (36%); housing (33%); income and pensions (27%).

In May 2010, I completed a three-month country-wide series of consultation meetings to hear the views of older people, service providers and representative organisations at first hand. These meetings were held in Cork, Sligo, Galway, Kildare, Wexford, Newcastle West, Dundalk, Dublin and Athlone. I also held consultation meetings with a number of NGOs who represent more vulnerable or marginalised older people.

At the public consultation meetings, participants suggested how services/programmes could be improved and have given views on what works well and what could be done differently or in a better way (particularly how service delivery could be enhanced in the light of current resource constraints). The themes that arose during the public consultation meetings are broadly consistent with those outlined in the written submissions received.

The Strategy is being developed by a Cross-Departmental Group (CDG), comprised of officials from 11 Government Departments, the Central Statistics Office and An Garda Síochána, and is chaired by the Director of the Office for Older People. An NGO Liaison Group comprising representatives of twelve national-level non-governmental organisations with an interest in older people's issues and an Expert Advisory Group, which is in the process of being established, will also inform the process. Work to develop the Strategy is being overseen by the Cabinet Committee on Social Inclusion. The Strategy is being developed within the constraints posed by the present fiscal situation. It is not the intention that the Strategy will propose new service developments; rather it will set strategic direction for future policies, programmes and services for older people.

A report on the consultation process to highlight the issues which older people and service providers have brought to my attention will be published shortly. It is intended that a draft Strategy will be completed by the end of 2010.

Question No. 195 answered with Question No. 175.

Accident and Emergency Services

Jan O'Sullivan

Question:

196 Deputy Jan O’Sullivan asked the Minister for Health and Children if there are any proposals to reduce emergency department opening hours to 8 a.m. to 8 p.m. in a hospital (details supplied); and if she will make a statement on the matter. [34355/10]

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

National Lottery Funding

Pat Breen

Question:

197 Deputy Pat Breen asked the Minister for Health and Children the status of an application in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [34356/10]

My Department has received an application for funding from the 2010 National Lottery allocation from the organisation in question. This is one of a large number currently being assessed by my Department. The Deputy will be informed of the outcome of the application as soon as a decision has been made.

Medical Cards

Bernard J. Durkan

Question:

198 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [34394/10]

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

Bernard J. Durkan

Question:

199 Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [34397/10]

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

Medical Records

Richard Bruton

Question:

200 Deputy Richard Bruton asked the Minister for Health and Children if the State has made a decision regarding the release of medical records to persons who suffered damage as a result of the administration of a vaccines (details supplied) without the necessity of having to contest such cases in court; and if she will make a statement on the matter. [34399/10]

I have been informed that the Local Health Office concerned has no record of a request for access to immunisation records in respect of the person concerned. I have been further advised by the HSE that access to immunisation records, if in existence, can be facilitated by way of administrative access. However, as the request is in respect of medical records potentially in the possession of the HSE, I have referred the question to the HSE for direct reply.

Hospital Services

Emmet Stagg

Question:

201 Deputy Emmet Stagg asked the Minister for Health and Children if the 24 beds currently closed at Naas General Hospital, Naas, County Kildare will be reopened; and if so when and if not why. [34408/10]

Emmet Stagg

Question:

202 Deputy Emmet Stagg asked the Minister for Health and Children when staff will be hired at Naas General Hospital, Naas, County Kildare to enable the opening of the new medical assessment unit. [34409/10]

Emmet Stagg

Question:

203 Deputy Emmet Stagg asked the Minister for Health and Children when additional nursing staff will be hired at Naas General Hospital, Naas, County Kildare, to relieve pressure on the accident and emergency. [34410/10]

I propose to take Questions Nos. 201 to 203, inclusive, together.

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

Health Services

Emmet Stagg

Question:

204 Deputy Emmet Stagg asked the Minister for Health and Children the number of children and adults assessed as requiring occupational therapy; and who are awaiting the provision of same in Kildare and west Wicklow; and the average waiting time for the commencement of treatment. [34411/10]

Emmet Stagg

Question:

206 Deputy Emmet Stagg asked the Minister for Health and Children if she intends to reduce the waiting times for assessment of children for occupational therapy in Kildare and west Wicklow which at present stands at one year. [34413/10]

Emmet Stagg

Question:

207 Deputy Emmet Stagg asked the Minister for Health and Children the number of speech and language therapists employed in the speech and language therapists service in Kildare and west Wicklow; and the number that would be required to meet the demand for the service given that on 30 June 2010 there were over 2000 children awaiting either therapy or assessment. [34414/10]

I propose to take Questions Nos. 204, 206 and 207 together.

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

Emmet Stagg

Question:

205 Deputy Emmet Stagg asked the Minister for Health and Children the number of occupational therapists employed in the occupational therapy service in Kildare and west Wicklow and the number that would actually be required to deal with the workload in the area. [34412/10]

Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In this regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. With regard to the provision of occupational therapy services, this is a service matter and it has been referred to the HSE for direct reply.

Questions Nos. 206 and 207 answered with Question No. 204.

Emmet Stagg

Question:

208 Deputy Emmet Stagg asked the Minister for Health and Children if she will intervene with the Health Service Executive to establish the reason there is an 18-month waiting time for an eye test for children at Naas Health Centre, Naas, County Kildare. [34415/10]

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

Emmet Stagg

Question:

209 Deputy Emmet Stagg asked the Minister for Health and Children if discussions between the senior management of the Health Service Executive and community welfare senior management in relation to securing accommodation for a public community welfare office in Naas, County Kildare, have concluded satisfactorily. [34416/10]

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

Emmet Stagg

Question:

210 Deputy Emmet Stagg asked the Minister for Health and Children the number of children awaiting orthodontic treatment following assessment in Kildare and west Wicklow; the average waiting time for treatment. [34420/10]

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

Emmet Stagg

Question:

211 Deputy Emmet Stagg asked the Minister for Health and Children the number of children awaiting assessment for orthodontic treatment in Kildare and west Wicklow and the average waiting time for assessment. [34421/10]

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

Emmet Stagg

Question:

212 Deputy Emmet Stagg asked the Minister for Health and Children further to parliamentary Question No. 155 of 8 July, 2010 when a response will issue. [34425/10]

My Department has again requested the Parliamentary Affairs Division of the HSE to arrange for a reply to issue to the Deputy on this matter.

Emmet Stagg

Question:

213 Deputy Emmet Stagg asked the Minister for Health and Children further to parliamentary Question No. 156 of 8 July, 2010 when a response will issue. [34426/10]

My Department has again requested the Parliamentary Affairs Division of the HSE to arrange for a reply to issue to the Deputy on this matter.

Emmet Stagg

Question:

214 Deputy Emmet Stagg asked the Minister for Health and Children when the primary care team planned for Kilcock, County Kildare will be up and running. [34427/10]

Emmet Stagg

Question:

215 Deputy Emmet Stagg asked the Minister for Health and Children if a site for a new health centre for Kilcock, County Kildare has been identified; and if not the actions that the Health Service Executive is doing to source same. [34428/10]

I propose to take Questions Nos. 214 and 215 together.

As these are service matters the questions have been referred to the HSE for direct reply.

Rail Accidents

Joe Costello

Question:

216 Deputy Joe Costello asked the Minister for Transport the action he has taken in response to the findings of the railway accident investigation unit’s report on the collapse of the Malahide Viaduct, County Dublin, in August 2009; if the Railway Safety Commission has made any recommendations or requests to him arising from the report; if he will provide the necessary resources to ensure that all 15 recommendations in the report are fully implemented; if he proposes to refer the Report to the Director of Public Prosecutions; and if he will make a statement on the matter. [34186/10]

Joe Costello

Question:

218 Deputy Joe Costello asked the Minister for Transport if he is satisfied that an approved safety management system was in place prior to the collapse of the viaduct on the railway line at Malahide, County Dublin, in August 2009; if he will consider an independent review of the SMS; and if he will make a statement on the matter. [34251/10]

I propose to answer Questions Nos. 216 and 218 together.

On its publication on 16 August last, I acknowledged that the report of the Rail Accident Investigation Unit (RAIU) into the Malahide viaduct collapse in August 2009 was an important investigation into a very serious event. Thankfully due to the speedy actions of the train driver on that day and the effective operation of all post accident procedures, there were no fatalities or injuries to any members of the public or staff. However, I recognise that the report gives a detailed and worrying account of an inadequate maintenance and inspection regime in Iarnród Eireann (IE) of recent years which failed to safeguard the viaduct structure from the impact of scour and erosion in Broadmeadow Estuary.

I wrote to the Chairman of CIÉ on 17 August last emphasising the importance of implementing in full the recommendations made to Iarnród Éireann by the RAIU and the Railway Safety Commission (RSC) in its compliance audit. I referred to the importance of regular progress updates to be provided by Iarnród Éireann as part of the monitoring of the railway safety investment programme funded by my Department. In addition I asked the Chairman to provide an early update on the progress of the implementation of the RAIU and RSC recommendations.

As indicated in the RAIU report and from updates received from Iarnród Éireann significant changes have now taken place to meet the shortcomings identified and to ensure that there is no repetition of this incident. Iarnród Éireann has identified and conducted detailed surveys on 105 bridges that are particularly susceptible to scour and has not found any scour related risks with any of these bridge structures. There has also been a substantial reorganisation of the IE Civil Engineering department including the appointment of a new Chief Civil Engineer and a Technical Manager for civil engineering.

I understand from the Railway Safety Commission that there was an approved Safety Management System (SMS) in place at the time of the accident. However I am informed that Iarnród Eireann are currently fully revising their SMS to meet the latest European Railway Safety requirements and that the Railway Safety Commission expect to complete the process of approval of this new SMS in 2011. As the independent regulator, the RSC has the power to bring sanctions under the Railway Safety Act 2005. I understand that, based on the evidence in the RAIU report, the RSC is considering what sanctions, if any, are appropriate or possible under the legislation.

I should add that over the period since 1998 the safety of the rail network has been enhanced through a sustained high level of investment and the strengthening of safety regulation arrangements and institutions. Total investment in railway safety in the period 1999 to 2008 amounted to €1,172 million. A further investment programme provides for total expenditure of €513 million over the period 2009 to 2013, which includes an allocation of €100 million this year alone.

Departmental Staff

Pat Rabbitte

Question:

217 Deputy Pat Rabbitte asked the Minister for Transport having regard to his policy on e-working as set out in Smarter Travel — A Sustainable Transport Future, if he will provide details of the number of civil servants in his Department who are currently e-working; his plans to increase the number of civil servants availing of e-working; if he will provide details of the numbers of civil servants he would hope to have e-working by end 2013; and if he will make a statement on the matter. [34207/10]

The Department has facilities in place which allow staff to undertake work while away from the Department's offices, including the provision of laptops, remote access to its email systems and Blackberry devices, and is currently investigating the options for extending access to other Departmental systems in addition to email. Through these and similar measures I would expect to see most civil servants in my Department increasingly engaged in e-working by 2013. Furthermore my Department currently has five officers engaged in tele-working. The Smarter Travel Plan 2009-2010 recognises that flexible and e-working policies can contribute to reducing the need to travel and to achieving modal shift.

Question No. 218 answered with Question No. 216.

Guardianship Rights

Thomas Byrne

Question:

219 Deputy Thomas Byrne asked the Minister for Justice and Law Reform her plans to increase the scope for visitation and access rights for grandparents, particularly when a child’s parent has died and where access by grandparents to a child may be restricted by the other parent. [34354/10]

Under the law as it stands, in section 11B of the Guardianship of Infants Act 1964, as inserted by section 9 of the Children Act 1997, a grandparent, not being a testamentary guardian, may apply to the court to obtain an order of access to his or her grandchild. Certain conditions apply to the right to apply for and to obtain the access order. As part of its Third Programme of Law Reform 2008-2014, the Law Reform Commission published a Consultation Paper ‘Legal Aspects of Family Relationships', in September 2009. In its Paper the Commission makes provisional recommendations on the rights and duties of extended family members including grandparents. The Commission invited submissions on its provisional recommendations as part of its consultation process. The Commission's final report and recommendations, expected to be published later this year, will help to inform debate on the issues in advance of the formulation of any proposals for reform of the law in this area.

Deportation Orders

Bernard J. Durkan

Question:

220 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform if he will review the proposal to deport in the case of a person (details supplied) in County Waterford; if he will examine the facts; and if he will make a statement on the matter. [34131/10]

The person concerned is the subject of a Deportation Order since 2003 and has been evading his deportation for most of the intervening period. On 7 May 2010, an application to have the Deportation Order revoked, pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended), was received from the legal representative of the person concerned. This application is under consideration at present and a decision is expected shortly. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the relevant party. While the consideration of this application is not a review of the case as such, it will involve a detailed examination of the latest information submitted to determine if this is materially different to the information which was before the then Minister when the original decision to deport was made.

In relation to the asylum claim made by the person concerned, the position is that this claim was examined by both of the statutory independent refugee status determination bodies, namely the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, both of whom concluded that the person concerned did not meet the criteria for recognition as a refugee. In assessing each individual asylum claim or appeal, the bodies referred to must, in accordance with their statutory remit, have regard for the specific claims made by an applicant as measured against objective, reputable, up to date information relating to the applicant's country of origin and, where doubts exist, the benefit of the doubt is applied in favour of the applicant. I understand that copies of the determinations made by the two bodies were sent to the person concerned at the appropriate times, and to his then legal representatives, so the person concerned will be able to see from those documents the basis for the conclusions reached in his particular case.

Overall, I am satisfied that the State has a very fair and comprehensive mechanism in place for the consideration of all asylum applications and, as such, I am satisfied that the asylum application made by the person concerned was properly considered before a final decision to refuse it was taken. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Closed Circuit Television Systems

Michael Ring

Question:

221 Deputy Michael Ring asked the Minister for Justice and Law Reform if an application has been received in his Department for funding towards closed circuit television cameras for the town of Ballinrobe from an organisation (details supplied) in County Mayo; and if he will make a statement on the matter. [34138/10]

The Community-based CCTV Scheme was launched in 2005 to provide financial assistance towards the capital costs of establishing a community CCTV system. To date two major rounds of this Scheme have been advertised, in 2005 and 2007. I am advised by Pobal, who administer the Scheme on behalf of my Department, that no application for Ballinrobe, Co. Mayo has been received. Any further plans for an extension of CCTV will be dependent on a number of factors, including the progression of the schemes already grant aided, the availability of funding and overall policy considerations.

Residency Permits

Phil Hogan

Question:

222 Deputy Phil Hogan asked the Minister for Justice and Law Reform when a decision will issue on an application for a residence card under EU Treaty Rights in respect of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [34145/10]

I am informed by the Immigration Division of my Department that the person concerned made an application for residence in the State based on his marriage to a British national on 30 April, 2010. Applications based on EU Treaty Rights are processed within a six-month time frame. A decision will issue to the applicant in due course.

Prison Building Programme

Joe Costello

Question:

223 Deputy Joe Costello asked the Minister for Justice and Law Reform his plans to carry out a major refurbishment of a premises (details supplied) in Dublin 7; if he will confirm that the detailed financial evaluation for the project and the estimate of the potential building costs involved which is required for all such capital projects has been prepared; if he will state when this evaluation was prepared and by whom; if he will publish same; his plans to relocate staff to the refurbished premises who are currently housed in another premises in Clondalkin at which the State is already committed to a long term rental lease and which then will be unoccupied; if this represents a responsible use of State funds in all the circumstances; and if he will make a statement on the matter. [34167/10]

I wish to inform the Deputy that the premises he particularly refers to in Dublin 7 are the property of the Commissioners of Public Works and have been made available at no cost to the Irish Prison Service. I am informed by the Irish Prison Service that plans are at an advanced stage to undertake a comprehensive refurbishment of the premises. The principal reason for redevelopment is to facilitate works that will result in a substantial increase in prisoner capacity within the nearby female prison known as the Dóchas Centre. When completed, the joint projects at Dóchas and the premises referred to by the Deputy will result in the provision of accommodation for approximately 70 additional female prisoners within the Dóchas Centre. In addition to the extra prisoner accommodation, there are also plans to accommodate Irish Prison Service personnel at this site who occasionally have a requirement to spend time in Dublin.

An invitation to tender for the refurbishment works and for provision of new prisoner accommodation at the Dóchas Centre issued to all eight member firms of the Irish Prison Service's Construction Framework Arrangement on Friday last, September 24th. 2010. As a tender competition is currently in progress it would be inappropriate for me to comment on this matter as issues of commercial sensitivity and confidentiality arise. However, I can confirm that the proposal to refurbish the premises in question has been properly and fully evaluated by officials within the Irish Prison Service and its technical advisors. Matters pertaining to the leasing of a premises in Clondalkin are pertinent to the Office of Public Works and the Irish Prison Service has no involvement in this issue.

Prison Service

Ciaran Lynch

Question:

224 Deputy Ciarán Lynch asked the Minister for Justice and Law Reform the average expenditure per prisoner in 2009 to include public funds from all sources; and if he will make a statement on the matter. [34176/10]

The information sought by the Deputy in relation to costs paid for from my Department's budget are as follows: The average cost of an available, staffed prison space during the calendar year 2009 was €77,222 (€92,717 in 2008), a decrease on the 2008 cost of €15,495 or 16.7%. The decrease in average cost is attributed to the following two factors:

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

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

Consistent with calculations in previous years, costs which are not under the direct control of the Irish Prison Service have been excluded. Therefore, the teachers' salary costs are excluded from this exercise as these costs are not provided for under the Prisons budget allocation. Similarly, capital expenditure, including building/equipment assets and small works, is excluded from the calculations in the interest of facilitating comparison between prison types

Garda Training

Joe Costello

Question:

225 Deputy Joe Costello asked the Minister for Justice and Law Reform the number of gardaí training at Templemore College, County Tipperary; the total number of members of the Garda Reserve; when he proposes to recruit the next cohort of trainee gardaí and of Garda Reserves; and if he will make a statement on the matter. [34188/10]

I have been informed by the Garda Commissioner that the number of student Gardaí currently training in Templemore Garda College is 9. I have been further informed by the Garda Commissioner that the personnel strength of the Garda Reserve, on the latest date for which figures are readily available, was 629 with a further 99 in training. The Government has set a target strength for the Reserve at 10% of the full time strength of the Force. Recruitment is ongoing and the Government is strongly committed to the development of the Reserve. I recently announced the start of a Garda recruitment campaign to establish a panel of approved candidates who will be available to meet future Garda recruitment needs.

Asylum Support Services

Alan Shatter

Question:

226 Deputy Alan Shatter asked the Minister for Justice and Law Reform the number of persons who have to date moved from the Mosney Centre, County Meath, to alternative accommodation as sought at the end of July last by the Reception and Integration Agency attached his Department; the locations to which their residence has been moved; the numbers and circumstances of those who remain in Mosney who were originally informed that they were obliged to move; and in respect of each individual who has moved if he will detail the comparative costs to the State of their remaining in Mosney monthly as compared to their residence in an alternative location. [34211/10]

The Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal. In managing its portfolio of accommodation, the RIA must ensure value for money in balancing the demand for, and supply of, asylum seeker accommodation. Adjustments to the portfolio are made with the procurement of accommodation or the non-renewal or downsizing of contracts depending on demand.

The contract for the accommodation at Mosney was renewed in June, 2010 with a capacity reduction from 800 to 650 bed spaces. This reduction has been achieved in line with the accommodation needs of the RIA and in accordance with the efficiency targets recommended in the recently published Value Form Money report on asylum seeker accommodation. In order to achieve reductions in the number of residents at Mosney, arrangements were made for 109 single adult asylum seekers to be re-accommodated at Hatch Hall accommodation centre in Dublin 2 and other locations where suitable accommodation and associated services for this group exist.

To date, of the 109 persons scheduled to transfer, 41 have transferred to Hatch Hall, 36 have left direct provision or moved to other centres for which they expressed a preference and 6 persons have been allowed to remain at Mosney. A further 26 persons, scheduled to transfer, remain at Mosney and the RIA is processing these cases with a view to finalising their future accommodation location.

The types and profile of accommodation centres under contract to RIA vary in terms of the services supplied, duration, location and cost. The average cost per person per month for direct provision accommodation across all tenures is €770.28. The reduction in the Mosney contract occupancy rate is expected to realise savings of in the order of €1.2m in 2010 alone and with ongoing savings in 2011. Added to this, the RIA has achieved higher occupancy and more efficient usage of its portfolio with downsizing such as at Mosney and closures of other accommodation centres, thus effecting further savings in real terms. The Value for Money report on asylum seeker accommodation recommended that occupancy levels at RIA accommodation should be in excess of 90% and this has been achieved.

Gangland Crime

Alan Shatter

Question:

227 Deputy Alan Shatter asked the Minister for Justice and Law Reform the number of persons who have been brought before the Courts and charged with the offences of membership of a criminal gang under the legislation enacted in 2009; and the number of those convicted of such a charge and sentenced since the coming into force of the relevant legislation. [34212/10]

I am advised by An Garda Síochána that they have been fully utilising the provisions of the legislation in question and to date eight persons have been charged with offences of membership of a criminal gang under the legislative provisions introduced in 2009, and are before the Courts. In addition a significant number of files arising in the context of that legislation are with the Director of Public Prosecutions at present.

Crime Levels

Alan Shatter

Question:

228 Deputy Alan Shatter asked the Minister for Justice and Law Reform the number of gun murders between 1 January 1998 and the 30 September 2010; and the number of persons convicted and sentenced for gun murders here during the aforesaid period. [34213/10]

I am informed by the Garda authorities that during the period 1 January, 1998 to 26 September, 2010, the most recent date for which figures are available, 203 murders involving a firearm were recorded. All cases of murder where proceedings have not yet been taken remain under active investigation. The detection rate by its nature increases over time as Garda investigations progress. It is expected that the number of convictions obtained will increase as Garda investigations are concluded and proceedings commenced are finalised by the courts. This applies particularly to murders committed in the most recent years. In addition, directions may be received from the Law Officers to charge persons arrested in connection with such incidents with offences other than murder, for example firearms offences. Furthermore, such persons charged and brought before the courts may be convicted of offences other than murder. Against that background, proceedings have been instituted in 61 cases and 25 convictions secured.

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

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

It was in that overall context that I introduced greatly strengthened legislation in the area of organised crime which is being fully utilised by An Garda Síochána, including the Criminal Justice (Amendment) Act 2009, the Criminal Justice (Surveillance) Act 2009, the Criminal Justice (Miscellaneous Provisions) Act 2009 and the Criminal Procedure Act 2010. I am advised that to date eight persons have been charged with the offence of membership of a criminal gang under the legislative provisions introduced in 2009, and are before the courts. In addition, a significant number of files arising in the context of the legislation have been submitted to the Office of the Director of Public Prosecutions.

I have introduced further significant legislative proposals in the Criminal Justice (Forensic Evidence and DNA Database System) Bill, and I will not hesitate to introduce additional measures if that becomes necessary. In addition, I have secured Government approval to commence work on a new Bail Bill to consolidate and update bail law with a view to presenting a clear, accessible and modern statement of the law. There are very severe penalties for firearms offices in place under the Criminal Justice Act 2006. For example, possessing a firearm with intent to endanger life and using a firearm to resist arrest or aid escape carry a mandatory minimum sentence of ten years. Possessing a firearm while hijacking a vehicle, possessing a firearm or ammunition in suspicious circumstances, carrying a firearm with criminal intent and altering a firearm all carry a mandatory minimum sentence of five years.

Prisoner Statistics

Alan Shatter

Question:

229 Deputy Alan Shatter asked the Minister for Justice and Law Reform the number of persons imprisoned who are serving a life sentence. [34214/10]

I wish to inform the Deputy that on 28th September 2010 there were 282 life sentenced prisoners in custody.

Alan Shatter

Question:

230 Deputy Alan Shatter asked the Minister for Justice and Law Reform the number of persons serving sentences of one year or less who previously served a similar sentence in a prison or a place of detention having been previously convicted of a criminal offence. [34215/10]

I wish to inform the Deputy that on 27 September 2010 the number of persons serving sentences of one year or less was 635. It is not possible to provide figures to the Deputy on whether these persons had previously served a similar sentence in a prison or a place of detention without the manual examination of all their individual records. This would require a disproportionate and inordinate amount of staff time and effort and could not be justified in current circumstances where there are other significant demands on resources.

However, the Deputy may wish to note that the Irish Prison Service facilitated a major study of prisoner re-offending by the UCD Institute of Criminology, published in 2008. That study found that 27.4% of released prisoners were serving a new prison sentence with one year. This rose to 39.2% after two years, 45.1% after three years, and 49.2% after four years. The fact that over 50% of prisoners do not re-offend within four years of release compares well internationally.

Prison Education Service

Alan Shatter

Question:

231 Deputy Alan Shatter asked the Minister for Justice and Law Reform the number of persons providing education and training programmes in each of our prisons; the qualification of such persons; the number of prisoners who have participated in such programmes in each of the years 2005, 2006, 2007, 2008 and 2009; and the subject matter of such programmes. [34216/10]

Alan Shatter

Question:

232 Deputy Alan Shatter asked the Minister for Justice and Law Reform in respect of each of the prisons here the current education programmes for prisoners; the subject matter of such programmes and the number of prisoners participating in such programmes. [34217/10]

I propose to take Questions Nos. 231 and 232 together.

The number of authorised posts in education and training areas for each of the prisons is set out in the table below.

Institution

Education (Wholetime Equivalents)

Work and Training

Arbour Hill

10.05

14

Castlerea

16.23

20

Cloverhill

8.00

13

Cork

19.10

15

Dóchas

7.00

7

Loughan House

9.52

9

Limerick

16.05

17

Midlands

34.20

29

Mountjoy

17.23

50

Shelton Abbey

7.41

8

Portlaoise

19.64

10

St Patrick’s Institution

20.05

19

Training Unit

7.50

10

Wheatfield

20.10

37

All teachers are employed by the relevant Vocational Education Committee and funded by the Department of Education and Skills. The qualifications of the teachers are a matter for those bodies. Prison staff providing accredited training possess qualifications or competencies in the relevant skill set and also complete a FETAC accredited Train the Trainer Programme.

The Irish Prison Service places a strong emphasis on access to educational services and on the provision of work and training activities for prisoners. Educational services are available at all institutions and are provided in partnership with a range of educational agencies in the community, notably the VECs. Literacy, numeracy and general basic education provision is a priority and broad programmes of education are made available which generally follow an adult education approach.

Education programmes are adapted to take account of the diversity of the prisoner population and the complex nature of prison life, including segregation requirements and high levels of prisoner turnover. Educational courses and curricula, which are based on individuals participating in one or more subject areas for an academic year and sitting terminal examinations, are only appropriate for a small number of prisoners. Junior and Leaving Certificate courses are available but increasing numbers of prisoners require a more flexible curriculum which has multiple entry and exit points that take account of prior educational attainment. FETAC accreditation is therefore widely used with assessment by portfolio compilation. All prison Education Units meet the quality assurance standards demanded by FETAC. Considerable attention is paid to coordinating courses with the Work and Training programme described below.

The education programmes provided can be broadly categorised as follows:

Basic Education, including literacy, numeracy, English as a second language and communications;

Creative Arts, notably music, sound recording and production, drama, art, craft, stone work, creative writing, film production and photography;

Technology, including woodwork, woodcarving, metalwork, computer-aided design, information technology and horticulture;

General Subjects, incorporating history, languages, geography, home economics and English literature;

General Subjects, incorporating history, languages, geography, home economics and English literature;

Life Skills, comprising notably personal development, interpersonal skills, anger management, parenting, child care, addiction studies, driver theory and food hygiene; and

Healthy Living, notably physical education, sports, fitness and recreational activities, health education, diet and nutrition.

Participation in education generally varies with factors such as access, facilities, turnover of population and segregation. During 2009, approximately 39% of the prisoner population were engaged in education based on actual attendance at classes over the academic year. In previous years the measure of participation was based on enrolment as distinct from actual attendance in a sample period. The percentage enrolment was 51% in 2005, 47% in 2006, 50% in 2007 and 48% in 2008.

Training activities are chosen to give as much employment as possible in prison and to give opportunities to acquire skills which will help prisoners secure employment on their release. A wide range of training workshops operate within the institutions, e.g. printing, computers, braille, woodwork, metalwork, construction, industrial contract cleaning, craft, horticulture and electronics. In addition, formal training is also provided in prison services such as catering and laundry.

During 2009, the average number of prisoners participating in work and training activities was over 800 or over 21% of the average daily prison population. External accreditation of certified training is available for a number of courses run within the institutions. 376 prisoners participated in accredited vocational training courses in 2009 which was slightly down on the 381 figure for 2008.

The IPS is developing enhanced partnership arrangements with both City and Guilds and the Scottish Qualifications Authority (SQA) which will allow for centralised and co-ordinated management of the accreditation process and an expansion in the number of courses and activities with certification. The skills areas, where additional certified courses will be delivered in the coming years, include painting and decorating, storage and warehousing, fork-lift driving, catering, metal/welding, construction, horticulture, electronics and laundry operations.

I hope this gives the Deputy and the House an overview of the range of educational and training opportunities available to the prison population to assist offenders who are willing to engage in a purposeful manner with the available opportunities to improve and augment their skills.

Prison Drug Treatment Services

Alan Shatter

Question:

233 Deputy Alan Shatter asked the Minister for Justice and Law Reform the drug treatment programmes in each of our prisons; the nature of the programmes; the number of persons involved in the provision of such programmes in each of our prisons and their qualifications; the number of prisoners in each of the past three years and this year to date in 2010 participating in any such programmes. [34218/10]

I am glad to have the opportunity to set out for the Deputy and the House the range of initiatives ongoing within the Irish Prison System to assist offenders to tackle their drug problems.

Firstly, as the Deputy will be aware the Irish Prison Service launched its s Drugs Policy & Strategy, entitled Keeping Drugs Out of Prisons, in May 2006. This blueprint for how we tackle drugs in the prison setting continues to be implemented across our prisons. This work involves the implementation of stringent measures to prevent drugs from getting into prisons while, at the same time, continuing to invest in services within prisons to reduce the demand for illicit drugs in the prisoner population through meeting prisoners’ treatment and rehabilitative needs.

At present, any person entering prison giving a history of opiate use and testing positive for opioids on committal is offered a medically assisted symptomatic detoxification for operational reasons. Patients can, as part of the assessment process, discuss with healthcare staff other treatment options which may include stabilization on methadone maintenance for persons who wish to continue on maintenance while in prison and when they return to the community on release.

Given the large number of prisoners requiring drug treatment services, the Irish Prison Service endeavours to provide a comprehensive range of such services in closed prisons. Drug rehabilitation programmes for prisoners involve a significant multidimensional input by a diverse range of general and specialist services including addiction counselling provided both by the Irish Prison Service and visiting statutory and non-statutory organisations. Table 1 shows the treatment options available by prison.

Institution

Treatment types:

Provided by

Mountjoy, Dóchas, St. Patrick’s, Cloverhill, Wheatfield, Portlaoise, Midlands

Methadone/detox, stabilisation and maintenance Full range of counselling services

IPS, HSE, Merchants Quay Ireland

Loughan House &Shelton Abbey, Castlerea

Addiction Counselling Services Focused on Alcohol /Cannabis Abstinence driven

IPS, Merchants Quay Ireland

Cork

Alcohol /Cannabis Abstinence driven — physical space a barrier to service provision

IPS, Merchants Quay Ireland, Local Task Force

Limerick

2 models of counselling in operation; abstinence based and a harm reduction model Methadone Substitution treatment is determined following clinical evaluation

IPS, Merchants Quay Ireland, ALJEF

Training Unit

Counselling

IPS, Merchants Quay Ireland, Coolmine

Prisoners who on committal are engaged in a methadone substitution programme in the community will, in the main, have their methadone substitution treatment continued while in custody. Methadone maintenance is available in 8 of the 14 places of detention accounting for over 75% of the prison population. Details of the number of prisoners treated with drug related problems since 2006 is set out in the table below.

Number of Prisoners Treated

Prison

2006

2007

2008

2009

Cloverhill

678

710

827

808

Dóchas

216

225

245

291

Limerick

8

10

37

58

Midlands

19

90

110

182

Mountjoy

464

594

553

794

Portlaoise

2

3

4

20

St.Patrick’s

8

15

28

19

Wheatfield

184

193

210

252

Totals

1,579

1,840

2,014

2,424

The Medical Unit in Mountjoy Prison has spaces specifically allocated for a dedicated drug detoxification programme. This programme is available to any prisoner who meets the qualifying criteria, subject to assessment. Each multi-disciplinary programme has a duration of 6 weeks and the programme has a capacity of 9 prisoners at a time. The dedicated multi-disciplinary drug detoxification programme in the Medical Unit in Mountjoy Prison involves both prison based staff and external agencies and is aimed at assisting prisoners who have indicated a desire to move from either a situation of current drug use or existing substitution programme to drug free status.

The Deputy may be interested to note that the Irish Prison Service has become the largest single initiator of drug treatment in the State and usually has as many prisoners in treatment as the Drug Treatment Centre Board at month end. Drug treatment programmes continue to be enhanced and expanded. For example, the Irish Prison Service, in the national context of drug treatment provision, has cared for over 20% of the total numbers on methadone nationally. The expansion of these services is being achieved in partnership with statutory and community based services and will, I believe, result in a significant improvement in the range, quality and availability of drug treatment services in the prisons.

Furthermore prisoners have access to a range of medical and rehabilitative services such as psychosocial services and ‘work and training' options which assist in addressing their substance misuse issues. Because of this multifaceted approach, it is not possible to give comprehensive detail on the number of prisoners engaged in the various treatment modalities.

Currently the Irish Prison Service provides drug treatment for in excess of 700 prisoners nationally per month. I am advised by the Director General of the Irish Prison Service that methadone maintenance treatment in Irish prisons such as Mountjoy, Wheatfield and Cloverhill provide levels of coverage comparable to some of the highest levels of provision of methadone treatment in other European prisons. I am also advised that the Irish Prison Service has identified and treated almost 31% of all new entrants to the Central Treatment List in 2009. Indeed the prison service is now the leader in engaging new patients into drug treatment, often engaging patients who have been unable to secure community based treatment services.

Sex Offender Treatment Programme

Alan Shatter

Question:

234 Deputy Alan Shatter asked the Minister for Justice and Law Reform under the current remission system the number of convicted sex offenders he anticipates will be released in the next 12 months having completed their sentences; the number of such offenders who have to date engaged in a treatment programme; the numbers of those scheduled for release within 12 months who he anticipates will have participated in such a programme prior to release; and the nature of the programmes concerned and the qualifications and training of those who provide such programmes. [34219/10]

I have asked the Director General of the Irish Prison Service to compile the information sought by the Deputy. I will communicate with the Deputy when I receive the information.

Garda Investigations

Finian McGrath

Question:

235 Deputy Finian McGrath asked the Minister for Justice and Law Reform if he will support a matter (details supplied). [34245/10]

I am informed by the Garda authorities that the area referred to is within the Clontarf Garda Sub-District. Local Garda management is aware of the incident referred to by the Deputy. The scene was visited by Gardaí and subsequently a technical examination was carried out. To date no one has been made amenable for the incident. Gardaí will maintain contact with the injured party and continue to update them on the progress of the investigations which are ongoing.

The area is subject to regular patrols by uniform and plain-clothes personnel, including the Community Policing and Mountain Bike Units and the District Detective and Drug Units, supplemented as required by the Crime Task Force and Traffic Corps personnel.

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

Current policing plans in the area are designed to address issues of crime and public order offences. Community policing is a central feature and core value of Garda policing policy, and current policing strategies are predicated on the prevention of crime, public order offences and anti-social behaviour. This approach will promote an environment conducive to the improvement of the quality of life for residents.

Criminal Legal Aid

Michael McGrath

Question:

236 Deputy Michael McGrath asked the Minister for Justice and Law Reform the total amount expected to be spent on free legal aid in 2010; the amount spent in 2009 and to provide a breakdown by case type. [34283/10]

Michael McGrath

Question:

237 Deputy Michael McGrath asked the Minister for Justice and Law Reform if there is a limit to the number of occasions a person can avail of free legal aid; if he will provide details of the means testing system in place prior to the sanctioning of free legal aid. [34284/10]

I propose to take Questions Nos. 236 and 237 together.

I can inform the Deputy that the full details of the estimate for 2010 for legal aid, both civil and criminal, are contained in the Revised Estimates for Public Services 2010, while the costs for the earlier years sought are contained in the Revised Estimates volume for each of the years concerned. As the Deputy will be aware, copies of these documents are available at www.finance.gov.ie and in the Oireachtas Library.

Under the Criminal Justice (Legal Aid) Act 1962, the Courts, through the judiciary, are responsible for the granting of legal aid. An applicant for legal aid must establish to the satisfaction of the Court that his/her means are insufficient to enable him/her to pay for legal representation him/herself. The Court must also be satisfied that, by reason of the "gravity of the charge" in the case or the "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. I have no function in these matters which are determined by the judiciary.

The Deputy may wish to note that, under the 1962 Act, an applicant for free legal aid may be required by the Court to complete a statement of means. It is an offence for an applicant to knowingly make a false statement or conceal a material fact for the purpose of obtaining legal aid. The operation of the Scheme is currently being examined in my Department in the context of preparing a new Criminal Justice (Legal Aid) Bill.

Citizenship Applications

Ciaran Lynch

Question:

238 Deputy Ciarán Lynch asked the Minister for Justice and Law Reform if an application for naturalisation by a person (details supplied) can be given priority to enable the person to continue to completion a course in applied social studies; and if he will make a statement on the matter. [34301/10]

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 2010.

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.

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.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Departmental Properties

Frank Feighan

Question:

239 Deputy Frank Feighan asked the Minister for Justice and Law Reform if he will provide an update on a premises (details suppled); and the current situation regarding same. [34303/10]

The premises in question is the property of the Department of Justice and Law Reform and was, until recently, in use by the Probation Service for addiction counselling. As I have previously advised the House it is the intention to incorporate Harristown House into the prison estate and accordingly, the House has been made available to the Irish Prison Service. I have been advised by the Director General of the Irish Prison Service that he is currently examining a range of options for the future use of the premises.

Garda Vetting Services

Michael McGrath

Question:

240 Deputy Michael McGrath asked the Minister for Justice and Law Reform the position regarding the number of vetting applications with An Garda Síochána and the current expected waiting time for a new vetting application to be processed. [34364/10]

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

The GCVU has managed a substantial increase over recent years in the numbers of vetting applications it receives — 187,864 in 2007; 218,404 in 2008 and 246,194 in 2009. At present, there are approximately 60,000 vetting applications in the course of being processed.

The processing time for vetting applications fluctuates during the year due to seasonal demands when the volume of applications received from certain sectors can increase. Additional time may be required to process an individual vetting application in cases where clarification is required as to the details provided or where other enquiries need to be made, for example, when the person in question has lived and worked abroad. There will always be a reasonably significant time period required to process a vetting application. Registered organisations have been advised to take account of this in their recruitment and selection process. However, the Gardaí make every effort to reduce this to the minimum possible consistent with carrying out the necessary checks. I am informed by the Garda Authorities that the current average processing time for vetting applications received at the GCVU is in the region of ten to 12 weeks, given that demand is particularly high at present.

The allocation of Garda resources, including personnel, is a matter for the Garda Commissioner. Due to the high volume of applications, an additional ten persons have recently been recruited to the Vetting Unit on a temporary basis. In addition, overall staffing arrangements at the Unit are under review at present, in the light of the increasing demands being made upon it.

Deportation Orders

Bernard J. Durkan

Question:

241 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform if he will review or revoke a deportation order in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [34383/10]

The person concerned is the subject of a Deportation Order, signed on 6 May 2005, following a comprehensive and thorough examination of his asylum claim, and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).

Following consideration of representations received from the person concerned, asking that his Deportation Order be revoked, in accordance with the provisions of Section 3(11) of the Immigration Act, 1999 (as amended), the Deportation Order was affirmed and the person concerned and their legal representative were advised of this decision by letters dated 21 September 2010.

If new information or circumstances have come to light, which have a direct bearing on their case and which have arisen since the most recent decision to affirm the Deportation Order was made on 21 September 2010 and could not have been notified to me in advance of that decision, there remains the option of applying to me for revocation of the Deportation Orders pursuant to the provisions of Section 3(11) of the Immigration Act, 1999, as amended. However I wish to make clear that such an application would require substantial grounds to be successful and must relate to information which has not previously been considered.

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.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made directly to INIS by email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Residency Permits

Bernard J. Durkan

Question:

242 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding residency status and entitlement to residency in the case of a person (details supplied) in Dublin 15. [34384/10]

The person concerned was granted permission to remain in the State for the three year period to 5 September 2010. He has submitted an application to have this permission renewed and this application is currently under consideration in my Department. Once a decision has been made on this renewal application, this will be conveyed in writing to the person concerned.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Question:

243 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the reason a person (details supplied) in County Kildare was refused application for residency under EU Treaty rights; and if he will make a statement on the matter. [34385/10]

I am informed by the Immigration Division of my Department that the application by the person concerned for residence in the State based on EU Treaty Rights was reviewed. The person concerned and their legal representative were informed that the application had been refused and of the basis for this decision by letter on 7 May, 2010.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Travel Documents

Bernard J. Durkan

Question:

244 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform if and when travel documents will issue as requested in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [34386/10]

The Travel Document Unit of the Irish Naturalisation and Immigration Service (INIS) informs me that the person referred to in the Deputy's Question currently has permission to remain in the State until 17 May 2014 by virtue of exercising EU Treaty Rights. The holding of this permission does not extend to the issuing of an Irish temporary travel document.

INIS informs me that the person referred to had an application for an Irish temporary travel document refused on 04 February 2010 and was advised to contact the consular authorities in respect of his own country to establish the procedures to be followed which would allow for him to procure a national passport whilst resident in this State.

I am informed that the person concerned subsequently had a second application for an Irish temporary document refused on 19 July 2010 as he held a valid travel document issued by the Togolese authorities permitting travel to Togo.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Residency Permits

Bernard J. Durkan

Question:

245 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding residency in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [34387/10]

I refer the Deputy to my detailed Reply to his earlier Parliamentary Question, No. 215 of Thursday, 21st January, 2010, in this matter.

The current position is that, following the refusal by the High Court of her Judicial Review Leave Application, the person concerned, on 7 April 2010, submitted an application for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006. 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.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made direct to INIS by email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Question:

246 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [34388/10]

I refer to the reply to Question No. 1126 of 29 September 2010 . The position is unchanged.

Bernard J. Durkan

Question:

247 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [34389/10]

As the name of the person referred to by the Deputy does not match the reference number supplied, it is not possible to provide the information sought at this time. However, if the Deputy wishes to re-submit his Question with the correct name and reference number included, I will be happy to provide a substantive reply.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Question:

248 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the process followed in determination of residency status in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [34390/10]

As the name of the person referred to by the Deputy does not match the reference number supplied, it is not possible to provide the information sought at this time. However, if the Deputy wishes to re-submit his Question with the correct name and reference number included, I will be happy to provide a substantive reply.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Citizenship Applications

Bernard J. Durkan

Question:

249 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the reason it was deemed that a person (details supplied) in County Kildare to have had less than the five years residency required for naturalisation given that they have lived here for more than five years; and if he will make a statement on the matter. [34391/10]

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 July 2010.

The Minister has the power to grant certificates of naturalisation to applicants who comply with certain conditions under the Irish Nationality and Citizenship Act, 1956, as amended. Section 15 of the Act provides that the applicant must have been resident in the State for a period of one year immediately prior to the application and 4 years in the 8 year period before that, 60 months in total.

For the purpose of calculating this residency, no period may be taken into account where a non-national :— 1. was required to have the permission of the Minister to remain in the State but did not have that permission or 2. had permission to remain for the purpose of study (whether or not such study necessitated the employment of the non-national during the whole or part of the period of study)

On examination of the application submitted it was determined that the person in question did not have five year's reckonable residence at the date of the application 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 13 July, 2010.

It is open to the person in question 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.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Residency Permits

Bernard J. Durkan

Question:

250 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the reason an update of residency has been delayed in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [34392/10]

The Irish Naturalisation and Immigration Service (INIS) informs me that the original letter that issued on 31 August 2009 granting the person referred to in the Deputy's Question permission to remain in the State on the basis of her marriage to an Irish national displayed an incorrect date of birth.

I am informed by INIS that a letter issued to the person concerned on 28 September 2010 acknowledging this typographical error confirming her correct date of birth to be that which is displayed on her national passport originally submitted with her application.

The Garda National Immigration Bureau have been informed of the correct date of birth and the person in question should now attend at her local registration office for renewal of registration.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Garda Strength

Michael Ring

Question:

251 Deputy Michael Ring asked the Minister for Justice and Law Reform if the Commissioner for the Garda has been requested to reduce the number of gardaí in the force. [34406/10]

The setting of the strength of the Garda Síochána is a matter of Government policy, which currently provides for a moratorium on public service appointments and the application of employment control frameworks throughout the public service.

Garda Deployment

Emmet Stagg

Question:

252 Deputy Emmet Stagg asked the Minister for Justice and Law Reform the number of gardaí in each Garda division on 31 August 2010. [34423/10]

I am informed by Garda authorities that the personnel strength of each Garda Division as of 31 August 2010, was as set out as follows:

Division

Strength

Division

Strength

Division

Strength

DMR South Central

782

Tipperary

397

Sligo / Leitrim

331

DMR North Central

708

Cork City

698

Clare

332

DMR North

816

Cork North

312

Mayo

322

DMR East

480

Cork West

317

Galway

607

DMR South

639

Kerry

343

Roscommon /Longford

301

DMR West

794

Limerick

648

Westmeath

262

Kilkenny/Carlow

324

Donegal

473

Meath

315

Wicklow

359

Cavan / Monaghan

406

Kildare

327

Laois / Offaly

335

Louth

316

Waterford

307

Wexford

287

Civil Registrations

Noel Ahern

Question:

253 Deputy Noel Ahern asked the Minister for Social Protection if he will refer to responsibilities taken over by his Department from the Department of Transport (details supplied) and now arrange documents as required. [34258/10]

The matter of the registration of the death of the person concerned (details supplied) was recently referred by the Mercantile Marine Office of the Department of Transport to the Registrar General who has statutory responsibility in relation to civil registration.

The Registrar General is now considering the options for the registration of this death having regard to the various provisions for the registration of deaths in the Civil Registration Act 2004.

Pension Provisions

Bernard J. Durkan

Question:

254 Deputy Bernard J. Durkan asked the Minister for Social Protection if he will state when old age pension will be approved and paid in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [34129/10]

The person concerned is currently in receipt of a State pension (transition) at a rate of €225.80 per week (98% of the maximum rate payable), plus an additional €153.30 per week increase for qualified adult. This pension was awarded with effect from his 65th birthday, 1st July 2010, and has been in payment since the week commencing 2nd September 2010.

Departmental Schemes

Olivia Mitchell

Question:

255 Deputy Olivia Mitchell asked the Minister for Social Protection if he will ensure in any reorganisation of community employment schemes, FÁS training or unemployment benefit that front-line services are protected; and if he will make a statement on the matter. [34137/10]

The Taoiseach announced on 23 March 2010 that the Department of Social and Family Affairs would be reconfigured as the Department of Social Protection with the transfer to it of responsibility for:

(a) the employment and community services programmes of FÁS;

(b) the Rural Social Scheme and Community Services Programme from the Department of Community, Equality and the Gaeltacht and

(c) the Redundancy and Insolvency Schemes from the Department of Enterprise, Trade and Innovation.

The purpose of this reorganisation of functions is to provide a more effective and streamlined service to the unemployed by integrating the income support provided through the social welfare system with supports for activation and re-entry to employment.

The Social Welfare Miscellaneous Provisions Act 2010 provided the legislative basis for transferring policy and financial responsibility for the employment and community services programmes of FÁS from the Minister for Education and Skills. It is intended to commence this part of the Act shortly. From date of commencement, FÁS will continue to provide these services but under the direction of my Department. Further legislation is under preparation to provide for the transfer of the relevant staff and related resources from FÁS to my Department as early as possible in 2011.

A major programme of change is currently being developed by my Department, in close consultation with senior management in FÁS and the Department of Education and Skills, with the objective of developing a new service vision and model for the integrated Department. The aim is to create a Department which is structured around the customer rather than the schemes it delivers so that people can obtain the services they require, and are entitled to, in a seamless, effective and efficient way.

I should add that the training services of FÁS will remain under the remit of my colleague the Tánaiste and Minister for Education and Skills.

Social Welfare Benefits

Jack Wall

Question:

256 Deputy Jack Wall asked the Minister for Social Protection the position regarding an application for rent supplement in respect of a person (details supplied) in County Kildare. [34139/10]

The Health Service Executive (HSE) has advised that the person concerned has made an application for rent supplement but no decision has been made on her application to date. The person concerned was requested to provide further documentation regarding proof of landlords ownership of accommodation. A decision will be made on her application when the information requested by the HSE has been provided.

James Bannon

Question:

257 Deputy James Bannon asked the Minister for Social Protection the position regarding an application for farm assistance in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [34149/10]

The person concerned submitted an application for Farm Assist on 10 September 2010 when his claim for Jobseeker's Benefit expired. The application has been forwarded to a social welfare inspector who I understand will be in contact with the customer shortly. When the inspector's report is completed the file will be returned to Longford Social Welfare Local Office for decision.

The person concerned is currently in receipt of Supplementary Welfare Allowance at €226.61 per week.

Beverley Flynn

Question:

258 Deputy Beverley Flynn asked the Minister for Social Protection the number of parents of children diagnosed with diabetes in receipt of domiciliary care allowance. [34221/10]

Since the 1st April 2009 this Department has been accepting new claims for Domiciliary Care Allowance (DCA). This follows the transfer of the scheme from the Health Service Executive.

In the period 1st April 2009 to 30th June 2010 a total of 120 DCA applications were awarded where the child had a medical condition of diabetes. A further 302 children, who are in payment since before April 2009, have diabetes recorded as the medical condition.

Social Welfare Appeals

Dan Neville

Question:

259 Deputy Dan Neville asked the Minister for Social Protection his plans to reduce the waiting time for persons who have lodged an appeal to the appeals office (details supplied). [34232/10]

Frank Feighan

Question:

262 Deputy Frank Feighan asked the Minister for Social Protection if his attention has been drawn to families left in excess of 12 months waiting for a decision on respite care application and non-contributory pension within the appeals office; if he will outline his proposals to deal with the 10-12 months delay in the appeals office; and if he will make a statement on the matter. [34324/10]

I propose to take Questions Nos. 259 and 262 together.

I am informed by the Social Welfare Appeals Office there are currently 20,446 appeals being processed. Given the volume of appeals, it is not possible to estimate the length of time before a case is determined.

There was 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 was an increase of a further 44% in the number of appeals received in the first eight months of 2010. These increases have caused delays in the processing of appeals. In order to be fair to all appellants, the vetting of appeals and the arranging of oral hearings are being dealt with in chronological order.

A number of initiatives have been put in place to enhance the capacity of the office to deal with the current caseload and inflows. In that regard:

2 additional Appeals Officers were assigned to the Office in 2009,

A number of additional staff were assigned to the administration area of the Office,

The organisation of the Appeals Officer's work has been changed so as to increase productivity,

A project to improve the business processes in the office was undertaken which has resulted in a number of improvements being implemented,

and

Significant enhancements have been made to the office's IT and phone systems.

In addition, it was decided to use experienced retired staff strictly on a short term basis to supplement the current resources and the services of eight retired officers have now been secured on a part-time basis and have been operating since July.

I am assured by the Chief Appeals Officer that she is keeping current processes under continuous review with a view to achieving a more effective throughput of appeals, while ensuring that any progress does not conflict with due process in terms of the rights of appellants and adherence to the requirements of natural justice.

Social Welfare Benefits

Noel Ahern

Question:

260 Deputy Noel Ahern asked the Minister for Social Protection if she will examine the case of a person (details supplied) in Dublin 11. [34256/10]

The means test for the supplementary welfare allowance scheme, through which rent supplement is provided, requires that all types of household income, including maintenance payments for a lone parent and his/her children, must be taken into account in determining a person's entitlement under the scheme.

Rent supplement is normally calculated to ensure that a person, after the payment of rent, has an income equal to the rate of supplementary welfare allowance appropriate to their family circumstances less a weekly minimum contribution of €24, which recipients are required to pay from their own resources. Many recipients pay more than €24 because recipients are also required, subject to income disregards, to contribute any additional assessable means that they have over and above the appropriate basic supplementary welfare allowance rate towards their accommodation costs.

A person who claims a one-parent family payment is required to seek maintenance from his/her spouse or the other parent of the child. These maintenance payments are assessed as means for the purpose of determining entitlement to a one-parent family payment. However, vouched housing costs of up to €95.23 per week (rent or mortgage) are disregarded in establishing the rate of one-parent family payment due.

This disregard is then assessable in determining the appropriate level of rent supplement payable, as the amount of rent supplement is based on the net amount that a person has available to meet their accommodation costs from their own resources.

Where a person has weekly maintenance payments of more than €95.23, the first €75 per week together with 25% of any additional maintenance above €75 can be disregarded for means assessment purposes. This is to ensure that the family benefits from the extra maintenance income up to that level before it affects their entitlement to rent supplement.

Overall, the means assessment rules are designed to give an incentive to lone parents to seek maintenance payments to improve their household income position, while ensuring that families in that situation have access to the appropriate levels of rent supplement to meet their accommodation needs.

The Health Service Executive (HSE) has advised that the person concerned is in receipt of her full entitlement to rent supplement based on her income from one-parent family payment and maintenance. If the person concerned is not satisfied with the decision of the HSE she can appeal the decision to the HSE Appeals Office.

Financial Services Regulation

Catherine Byrne

Question:

261 Deputy Catherine Byrne asked the Minister for Social Protection the role played by his Department in enforcing the code of conduct for money lenders and credit companies here; the way his Department deals with problems experienced by persons who become indebted to money lenders or credit companies; and if he will make a statement on the matter. [34318/10]

The Department does not have a role in enforcing the Code of Conduct on Mortgage Arrears (CCMA) or the Consumer Protection Code for Licensed Money Lending. This is a matter for the Central Bank and Financial Regulator.

However, the Citizens Information Board, which comes under the aegis of the Department, is responsible for the Money Advice and Budgeting Service (MABS). There are 51 MABS companies providing money advice, free of charge, to clients operating from 65 locations around the country, as well as the National Traveller MABS which operates on a national basis. In addition, MABS National Development Limited (NDL) is funded by the CIB to provide a national support and development service to local MABS companies.

Under the statutory code of conduct on mortgage arrears published by the Financial Regulator, all financial institutions including the banks and sub-prime mortgage lenders must, where circumstances warrant it, refer a borrower in difficulty for guidance to a local MABS office or to an appropriate alternative.

The MABS money advisers provide assistance, advice and intense support to people who have financial difficulties. The money adviser works out a budget and negotiates on behalf of the client with all creditors, including financial institutions and sub-prime lenders, to secure better terms for the clients in managing the repayment of their debts. Where required by the client, the money adviser can assist with setting up a special account with a local Credit Union into which an agreed amount of money is lodged regularly and from which each month the money adviser makes the repayments to the creditors on behalf of the client. In 2009 some 2,618 special accounts were set up with the local Credit Unions.

I am satisfied that MABS provides a high quality personal service to assist people in overcoming their indebtedness and managing their finances.

Question No. 262 answered with Question No. 259.

Social Welfare Appeals

Michael Ring

Question:

263 Deputy Michael Ring asked the Minister for Social Protection when a person (details supplied) in County Mayo will be approved and awarded child benefit. [34357/10]

The Social Welfare Appeals Office has advised me that a Child Benefit appeal by the person concerned was registered in that Office on 1 March 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received back in the Social Welfare Appeals Office on 3 July 2010 and the appeal will be referred in due course to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.

There was 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 was an increase of a further 44% in the number of appeals received in the first eight months 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

Michael Ring

Question:

264 Deputy Michael Ring asked the Minister for Social Protection if arrears of jobseeker’s allowance can issue to a person (details supplied) in County Mayo. [34368/10]

The person concerned applied for jobseeker's allowance on 3 June 2010. He failed to supply documents requested and his claim was closed. When he made contact with his Local Social Welfare Office on 9 July 2010, his claim was re-opened and was subsequently awarded from that date. The issue of backdating his payments to 3 June 2010 is under consideration.

Departmental Staff

Róisín Shortall

Question:

265 Deputy Róisín Shortall asked the Minister for Social Protection the number of job facilitators in his Department in whole-time equivalent terms; and the number, in whole-time equivalent terms, of staff whose specific purpose is employment services. [34371/10]

There are currently 64 serving facilitators covering 62.4 facilitator posts. Facilitators work with social welfare recipients to identify appropriate training or development programmes which will enhance the skills that the individual has and ultimately improve their employment chances, as well as help them to continue to develop personally. They work in close co-operation with other agencies and service providers including FÁS, VEC, other education and training providers and the local and community and voluntary sector. In addition they provide advice and support to customers who wish to access the back to education scheme, the back to work scheme, and the short term enterprise allowance scheme of the department.

The facilitator service is available locally to all social welfare recipients via the Department's Office. Facilitators are assigned to cover a geographical area. They hold open clinics and meet with people who have been referred either by the social welfare local office, the employment support section or by other agencies.

The service was enhanced under the National Development Plan (NDP) Social and Economic Participation Programme. Additional facilitators have been appointed during 2009 and 2010. It is envisaged that there will be 70 facilitator posts provided for under the Plan.

Social Welfare Benefits

Róisín Shortall

Question:

266 Deputy Róisín Shortall asked the Minister for Social Protection the average processing times for each application for one of the principal social welfare payments and the way these compare with targets. [34372/10]

The information requested by the Deputy is set out in the following tabular statement.

It represents awarded processing times measured against performance targets for the principal social protection payments during the month of August 2010.

Processing Times August 2010

Performance Target

Award Performance Achieved

Jobseeker’s Benefit

90% in 3 Weeks

73%

Jobseeker’s Allowance

90% in 6 Weeks

69%

One-Parent Family Payment SWLO

90% in 10 Weeks

45%

State Pension Contributory Domestic

90% by date of entitlement

85%

State Pension Transition Domestic

90% in 6 weeks

72%

Widow(er)’s Contributory Pension

90% in 6 Weeks

87%

State Pension (Non-Contributory)

90% in 10 Weeks

72%

Widow(er)’s Non-Contributory Pension

90% in 10 Weeks

46%

Social Insurance

Bernard J. Durkan

Question:

267 Deputy Bernard J. Durkan asked the Minister for Social Protection if and when dental benefit will be approved in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [34373/10]

Under the current rules, introduced from 1st January 2010, the treatments available are limited to a free annual dental examination. The person referred to last received a free examination on November 20th 2009. He will therefore be entitled to a further examination from November 20th 2010.

Social Welfare Benefits

Bernard J. Durkan

Question:

268 Deputy Bernard J. Durkan asked the Minister for Social Protection when rent support will be awarded to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [34374/10]

The Health Service Executive (HSE) has advised that the person concerned has made an application for rent supplement but no decision has been made on his application to date. The person concerned was requested to provide further documentation regarding proof of landlord's ownership of accommodation, his lease agreement, a completed SWA1 form and a Housing Needs Assessment from his local authority. A decision will be made on his application when the information requested by the HSE has been provided.

Bernard J. Durkan

Question:

269 Deputy Bernard J. Durkan asked the Minister for Social Protection if there is a welfare entitlement in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [34375/10]

According to the records of the Department, the person concerned will not be entitled to jobseeker's benefit as he does not have sufficient reckonable contributions paid in the governing contribution years. It is open to him to submit an application for jobseeker's allowance which is a means-tested payment.

Bernard J. Durkan

Question:

270 Deputy Bernard J. Durkan asked the Minister for Social Protection when back to education allowance will be awarded in respect of a person (details supplied) in County Kildare. [34376/10]

The person concerned was approved for Back to Education Allowance on 28th September 2010. She will be notified by post in the next few days.

Bernard J. Durkan

Question:

271 Deputy Bernard J. Durkan asked the Minister for Social Protection the reason invalidity pension was refused in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [34378/10]

On 17th August, 2010, the person concerned was refused invalidity pension on the grounds that she was not considered to be permanently incapable of work. She was notified of this decision and provided further medical evidence which was forwarded to the department's Medical Assessor. Following this review the decision remains the same. She was notified of the outcome of this review on 28th September, 2010 and of her right of appeal to the independent Social Welfare AppealsOffice.

Bernard J. Durkan

Question:

272 Deputy Bernard J. Durkan asked the Minister for Social Protection the reason child benefit has been discontinued in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [34381/10]

Child Benefit payments were suspended when the customer notified the Department that her child had left the State. Correspondence issued to the customer on 26 August 2010 requesting documentary evidence of when the child left and confirmation of employment in Ireland. The customer did not respond. A follow-up letter will now issue to the customer in view of this enquiry.

Bernard J. Durkan

Question:

273 Deputy Bernard J. Durkan asked the Minister for Social Protection when rent support will be awarded in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [34382/10]

The Health Service Executive (HSE) has advised that the person concerned is in receipt of his full entitlement to rent supplement based on his income and family circumstances. If the person concerned has any further queries regarding his rent supplement he should contact the HSE at his local health centre.

Tax Code

Bernard J. Durkan

Question:

274 Deputy Bernard J. Durkan asked the Minister for Social Protection the correct level of mortgage interest relief payable in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [34395/10]

In the time frame available, I regret that my Department is not in a position to reply to this question. My Department will be in contact with the Deputy over the coming days and will reply in full to the question raised.

Social Welfare Benefits

Bernard J. Durkan

Question:

275 Deputy Bernard J. Durkan asked the Minister for Social Protection the reason rent support has been reduced and two months rent left outstanding in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [34398/10]

The Health Service Executive (HSE) has advised that the person concerned is in receipt of her full entitlement to rent supplement based on her income and family circumstances. The HSE further advised that a rent supplement payment for August and September issued on 27 September 2010. If the person concerned has any further queries regarding her rent supplement she should contact the HSE at her local health centre.

Energy Conservation Schemes

Terence Flanagan

Question:

276 Deputy Terence Flanagan asked the Minister for the Environment, Heritage and Local Government if he will provide details of the number of BER certificates that have been issued by Sustainable Energy Ireland over the past three years; and if he will make a statement on the matter. [34157/10]

The European Communities (Energy Performance of Buildings) Regulations 2006 — 2008 established the Building Energy Rating (BER) scheme under which a BER certificate must be obtained whenever a dwelling is commissioned or is subject to an offer for sale or letting. The Sustainable Energy Authority of Ireland (SEAI), as the designated issuing authority under the regulations, is responsible for the day to day administration of the BER scheme. The assessment of buildings must be carried out by independent BER assessors who are registered with SEAI. The latest figures from SEAI indicate that some 141,601 BER certificates have issued in respect of both domestic and non-domestic buildings since the regulations were first introduced. In broad terms, a total of — 50 BER certificates issued in 2007; 3,068 issued in 2008; 89,584 issued in 2009; while a further 48,899 issued up to the end of August this year.

While the requirement for a BER certificate was introduced for new dwellings with effect from 1 January 2007, a transitional planning-related exemption applied in the case of dwellings for which planning had been applied for prior to 31 December 2006 subject to substantial completion by 30 June 2008. The overwhelming majority of housing completions for 2007 and 2008 would have benefited from this exemption as indicated by the low number of BER certificates issued in those years.

Departmental Contracts

Frank Feighan

Question:

277 Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government the position regarding the case of a person in County Roscommon (details supplied); and if he will make a statement on the matter. [34326/10]

Contracts of sale in relation to this case have recently been submitted to the Chief State Solicitor's Office for processing. I expect progress to be made on this sale in the near future.

Architectural Heritage

Seymour Crawford

Question:

278 Deputy Seymour Crawford asked the Minister for the Environment, Heritage and Local Government if any decision has been taken regarding the letter of request by an organisation (details supplied) concerning Bellamont Castle, County Cavan; and if he will make a statement on the matter. [34404/10]

Bellamont Castle is a fine example of a Palladian villa of the 18th century and is of significant architectural importance. My Department considers whether heritage properties might be acquired, on behalf of the State, where exceptional circumstances apply. In principle, normal planning procedures and legislation should be used to give adequate protection to the special interest of a heritage property without the need for State acquisition, in particular, in the current fiscal climate. In the case of Bellamont Castle, this principle applies and acquisition is not considered appropriate.

Water and Sewerage Schemes

Dinny McGinley

Question:

279 Deputy Dinny McGinley asked the Minister for the Environment, Heritage and Local Government the position regarding a proposed sewerage scheme for an area (details supplied) in County Donegal; and if he will make a statement on the matter. [34203/10]

The Water Services Investment Programme 2010-2012, a copy of which is available in the Oireachtas Library, provides for the development of a comprehensive range of new water services infrastructure in County Donegal. The Gweedore Sewerage Scheme which includes two contracts, a wastewater treatment plant and the network, is included in the Programme amongst the list of contracts in the county to start in the period 2010 — 2012. My Department is currently awaiting additional information from Donegal County Council in order to complete its examination of the Design Review Report for the scheme.

Local Government Charges

Noel Ahern

Question:

280 Deputy Noel Ahern asked the Minister for the Environment, Heritage and Local Government the position regarding the second home tax; if it applies or includes homes and apartments owned outside the State, and not withstanding any difficulties that might exist with policing or verifying such data, the reason houses and apartments outside the State are not included and his plans for same. [34260/10]

The Local Government (Charges) Act 2009, which sets out the details of the non-principal private residence charges, applies only to dwellings in the State. It is not within my remit to bring forward legislation that would operate in other jurisdictions.

Local Authority Funding

Michael McGrath

Question:

281 Deputy Michael McGrath asked the Minister for the Environment, Heritage and Local Government if there is any funding source in his Department which local authorities can avail of to carry out essential rock armouring work on a public amenity walk situated adjacent to a river. [34276/10]

There is no specific scheme of funding in my Department for projects of this nature.

National Monuments

Michael McGrath

Question:

282 Deputy Michael McGrath asked the Minister for the Environment, Heritage and Local Government the position regarding the legality of using a certain device here (details supplied). [34359/10]

Section 2, as amended, of the National Monuments (Amendment) Act, 1987, prohibits, inter alia, the use or possession of a detection device in or at the site of a national monument; a monument listed on the Record of Monuments and Places and/or the Register of Historic Monuments; a registered archaeological area or any restricted area relating to the site of an historic shipwreck. Application may, however, be made to the Minister for consent to use a detection device in such circumstances. The use of a detection device to search for archaeological objects in any part of the State, or the promotion of the use, or promotion of the sale of detection devices for such purpose, is also prohibited.

Foreshore Licences

Michael McGrath

Question:

283 Deputy Michael McGrath asked the Minister for the Environment, Heritage and Local Government the position regarding a foreshore licence application by a company (details supplied) in County Cork. [34360/10]

A revised draft of the lease was sent by the Chief State Solicitor's Office to the applicant's solicitor on 20 August and a reply is awaited.

Motor Taxation

Michael McGrath

Question:

284 Deputy Michael McGrath asked the Minister for the Environment, Heritage and Local Government the position regarding an application for a refund of motor tax in respect of a person (details supplied) in County Cork. [34363/10]

The question of a refund of motor tax in this case is a decision for Cork Motor Tax Office, and any such decision must be made in accordance with the appropriate Regulations.

Under Articles 12 to 15 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992, refunds of motor tax can be made in certain circumstances, including where a vehicle in respect of which a tax disc has been taken out has not been used in a public place at any time since the issue of the disc.

In addition, the Regulations require that the annual rate of tax for the disc for which a refund is sought must exceed €99, that not less than a three-month unexpired period remains on the disc from the date of refund and that the disc is surrendered to the licensing authority. The refund payable is set at 1/12th the annual rate of duty for every month of the licensing period unexpired at the time of surrender of the licence.

Application for a refund should be made to the local motor tax office on Form RF120 as prescribed by the Minister for the Environment, Heritage and Local Government which must also be signed by a member of the Garda Síochána.

Water and Sewerage Schemes

Emmet Stagg

Question:

285 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government if he has received the revised contract documents for the water supply scheme (details supplied) in County Kildare. [34429/10]

The Water Services Investment Programme 2010-2012, a copy of which is available in the Oireachtas Library, provides for the development of a comprehensive range of new water services infrastructure in County Kildare. The Kildare Water Supply Scheme Phase 2 (Castlewarden to Ballygoran) is included amongst the list of schemes in the county to advance through planning during the period of this Programme. Kildare County Council's contract documents for the scheme are awaited in my Department.

Local Government Reform

Emmet Stagg

Question:

286 Deputy Emmet Stagg asked the Minister for the Environment, Heritage and Local Government when he will bring forward the White Paper on Local Government. [34430/10]

A dedicated Cabinet Committee has been engaged in finalising the policy decisions for inclusion in the White Paper on Local Government. I intend to publish the White Paper as soon as possible following completion of the Government's deliberations.

Water and Sewerage Schemes

Jimmy Deenihan

Question:

287 Deputy Jimmy Deenihan asked the Minister for the Environment, Heritage and Local Government the position regarding the provision of sewage treatment plants (details supplied) in County Kerry. [34436/10]

The Water Services Investment Programme 2010-2012, a copy of which is available in the Oireachtas Library, provides for the development of a comprehensive range of new water services infrastructure in County Kerry. The Tarbert and Ballylongford Sewerage Schemes are included in the Programme with the treatment plants amongst the list of contracts in the county to start in the period 2010-2012, and further network schemes to advance through planning in this period.

The Preliminary Reports for the schemes are currently under examination in my Department. However, future progress is dependent on additional information being received from Kerry County Council in relation to their strategy for the delivery of these schemes.

Offshore Exploration

Arthur Morgan

Question:

288 Deputy Arthur Morgan asked the Minister for Communications, Energy and Natural Resources the potential revenue that could be achieved annually if a levy of 10% was to be applied to the value of all natural resources mined off Irish shores in Irish-owned sea. [34353/10]

The revenue to be achieved by a 10% levy on natural resources extracted offshore Ireland would depend on a range of factors, including the capital cost of extraction, quantities and grades of resources extracted and the price of the extracted material over the life of the extraction of the resource. In the case of non-petroleum minerals, there is no production from the Irish offshore at present so there would be no yield from such a levy. Furthermore, as there are no identified reserves or resources of non-petroleum minerals in the Irish offshore, no estimate can therefore be made of any return to the State if such a levy were applied, and any such estimate would be fraught, depending on estimates of factors such as those set out above.

In the case of petroleum, the only existing production is off Cork (Kinsale/Seven Heads) where annual production volumes for 2011 are estimated at 11.5 billion cubic feet. The value of this gas will depend on the price agreed between the producer and its customers.

Energy Efficiency Programmes

Terence Flanagan

Question:

289 Deputy Terence Flanagan asked the Minister for Communications, Energy and Natural Resources if he will provide details of the amount that has been set aside by his Department in grants over the past three years to improve the energy efficiency of homes; the amount of homes that have been improved as a result; and if he will make a statement on the matter. [34156/10]

The following table gives a breakdown for 2008, 2009 and 2010 to date of the total expenditure and the number of homes assisted under the energy efficiency programmes administered by the Sustainable Energy Authority of Ireland.

Programme

2008

2009

2010 (to date)

Programme Totals (08 to date)

Home Energy Saving scheme (HES)

Total Spend (€)

€1.4m

€16.3m

€31.1m

€48.8m

Number of Grants Paid

711

18,183

33,302

52,196

Warmer Homes Scheme (WHS)

Total Spend (€)

€5.6m

€14.5m

€12m

€32.1m

Number of Grants Paid

5,343

16,240

14,391

35,974

Greener Homes Scheme (GHS)

Total Spend (€)

€22.5m

€11.7m

€3.8m

€38m

Number of Grants Paid

9,643

7,237

2,979

19,859

The new National Retrofit Programme, which currently is being finalised following public consultation, will integrate these energy efficiency programmes and build upon their success to date to deliver significantly enhanced energy savings.

Terence Flanagan

Question:

290 Deputy Terence Flanagan asked the Minister for Communications, Energy and Natural Resources his plan to meet the target of insulating one million houses over the next decade; and if he will make a statement on the matter. [34158/10]

The Government's National Retrofit Programme will draw together the existing energy efficiency programmes of Sustainable Energy Authority of Ireland (SEAI) into a single framework. The objective of the Retrofit Programme is to deliver energy efficiency upgrades to one million residential, public and commercial buildings in Ireland. It will be a programme of scale, involving energy supply companies, energy services providers, construction workers, energy auditors and policymakers, working together to deliver energy savings, cost reductions and ultimately smaller carbon footprints for energy customers.

The programme will build on the success of the existing energy efficiency programmes including the Warmer Homes Scheme (WHS) and the Home Energy Savings Scheme (HES) as well as the programmes for the public sector and industry.

The Programme will, among other innovative approaches, require energy companies to promote and deliver energy efficiency measures and services to their customers.

It will also introduce new ways in which householders are incentivised to invest in energy efficiency, which will support and drive the necessary behavioural change by consumers while also underpinning the maintenance and growth of the energy services and building sectors.

A public consultation process has just concluded on the new Retrofit Programme. Over 50 submissions have been received which are being reviewed as part of finalising the details of the Programme.

A programme of information events, workshops and seminars is also being undertaken by SEAI with key stakeholders, which is informing the finalisation of the Programme.

Telecommunications Services

Michael McGrath

Question:

291 Deputy Michael McGrath asked the Minister for Communications, Energy and Natural Resources the cost to the Exchequer, if any, of the operation of 1890 telephone numbers, and if he will explain how the system works. [34362/10]

The cost to the Exchequer from the operation of 1890 telephone numbers by Government Departments and other public sector organisations is a matter for the Department or organisation in question.

The costs incurred on this service by my Department in the 12 month period from September 2009 to August 2010 were €370.24.

My Department uses both a lo-call number and local number for members of the public. These numbers are published on the Department's website. The use of a lo-call number is appropriate for persons who do not have access to free national call services and it affords considerable savings to such persons and is considered to be best practice in terms of customer communications. Persons who have an entitlement to free national calls can of course ring the main Department number for free.

The operation of the lo-call system is a matter for the service provider concerned and not one in which I have a function. However, the Commission for Communication Regulation (ComReg) has information on its website www.comreg.ie regarding the system: Document Number 08/02 of 2 January 2008 –‘National Numbering Conventions' and Document Number 10/60 of 4 August 2010 –‘Sixth Review of National Numbering Conventions'

Natural Gas Grid

Seymour Crawford

Question:

292 Deputy Seymour Crawford asked the Minister for Communications, Energy and Natural Resources if any effort is being made to provide natural gas to a town (details supplied) in County Cavan; if his attention has been drawn to the fact that a company (details further supplied), one of the biggest food industries in the area, is a major employer and it would help to make it more cost effective; if any effort has been made to provide gas to this area and, if so, when it might happen; and if he will make a statement on the matter. [34402/10

The development and expansion of the natural gas network is in the first instance a commercial matter for Gaslink, the independent subsidiary of Bord Gáis Éireann, which is statutorily obliged under Section 8 of the Gas Act 1976, as amended, to develop and maintain a system for the supply of natural gas that is both economical and efficient.

The Commission for Energy Regulation (CER), is statutorily responsible for all aspects of the assessment and licensing of prospective operators who wish to develop and/or operate a gas distribution system in Ireland. I have no direct statutory function in relation to the connection of towns to the gas network.

The CER, in 2006, approved a new network connections policy, which created the opportunity to reassess the feasibility of connecting certain towns to the gas network. In order for any town to be connected to the gas network, certain economic criteria need to be satisfied as a prerequisite. This is to ensure that, over a certain period, the costs of connecting the town to the network are recouped through the actual consumption of gas and the associated tariffs. The policy allows for the appraisal of a town either on its own or as part of a regional group of towns.

Earlier this year Phase 3 of a comprehensive assessment of new towns not already connected to the national gas network was completed by BGE Networks on behalf of Gaslink. The assessment, which included Cootehill, analysed 39 towns in terms of each town's estimated demand for gas, forecasted population growth, anticipated rise in industrial/commercial activities and the required infrastructure to meet the demand. This was approved for publication by the CER following detailed economic analysis based on the criteria outlined in the CER's Connection Policy. The assessment concluded that the cost of bringing gas to Cootehill was uneconomic.

Gaslink continues to review towns which did not qualify for connection under the Study on an ongoing basis. The key factor which would qualify a town or group of towns in any future review would be a significant increase in demand for natural gas, probably resulting from the development of a new large scale industrial facility. I am advised that the company in question has initiated discussions with Gaslink with a view to obtaining a direct gas connection to their facilities.

Telecommunications Services

Thomas Byrne

Question:

293 Deputy Thomas Byrne asked the Minister for Communications, Energy and Natural Resources his plans for a rural broadband scheme and, in particular, his plans to provide broadband to households in Meath who have no service provider. [34407/10]

The European Commission has set aside a portion of the European Economic Recovery Programme (EERP) funding for rural broadband initiatives. Using this funding, which will be augmented by an Exchequer contribution, I intend to formally launch a Rural Broadband Scheme before the end of this year. This scheme will aim to provide a basic broadband service to individual un-served rural premises outside of the National Broadband Scheme areas, including such premises in County Meath.

Grant Payments

Paul Connaughton

Question:

294 Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the position regarding an application for single farm payment in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [34185/10]

The Single Farm Payment application of the above-named has been fully processed and is now clear. Payment will issue when payments commence on 18 October 2010.

Animal Identification Scheme

Sean Sherlock

Question:

295 Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food when a decision will be made on the issuing of a permit to move animals in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [34189/10]

A registered herdowner must be in possession of passports of animals prior to presenting the animals for slaughter and entry to the food chain. The person in question wishes to slaughter a number of cattle but does not have the passports of three of the animals which belonged to a herd owned by a sibling, now deceased. He has recently applied to my Department for the transfer of the ownership of the herd into his own name. An official from my Department met with the person named on 29 September 2010 to assist with this application. Following this meeting, a replacement passport will issue shortly in respect of one animal. The person named has been advised to register the birth of a second animal at which point a replacement passport can also issue. There is an outstanding query in relation to a third animal which must be resolved before the animal can be slaughtered.

Commercial Credit

Michael Noonan

Question:

296 Deputy Michael Noonan asked the Minister for Enterprise, Trade and Innovation his plans to provide a partial loan guarantee scheme for small and medium-sized enterprises; and if he will make a statement on the matter. [33908/10]

Joe McHugh

Question:

298 Deputy Joe McHugh asked the Minister for Enterprise, Trade and Innovation, further to the speech that he made at the Small Firms’ Association annual conference on 16 September 2010, if he will explain the way the planned loan guarantee scheme will work; the likely date for the roll-out of the scheme; if the scheme will require secondary legislation or a statutory instrument; and if he will make a statement on the matter. [34175/10]

I propose to take Questions Nos. 296 and 298 together.

The provision of credit to our enterprise sector, especially to SMEs, should primarily come from a properly functioning banking sector. The whole focus of Government policy on banking since 2008 has been to return the banks to a position where they can access funds and lend these funds on to viable businesses and households to support enterprise growth and economic recovery.

In developing any further initiatives, it would be important that they would complement, rather than substitute, the main banks' lending commitments and activities under the recapitalisation package and also that there would be value for money from the taxpayer's perspective.

Loan guarantee schemes can be designed to address known credit market failures for viable firms, such as low collateral or lack of market knowledge on the part of the lender. My officials are working with their colleagues in the Department of Finance, the Credit Review Office, Enterprise Ireland and Forfás to address these issues for viable SMEs including the option of a loan guarantee scheme. Substantial progress has been made in identifying the critical elements involved in any further initiatives.

Economic Competitiveness

Michael Noonan

Question:

297 Deputy Michael Noonan asked the Minister for Enterprise, Trade and Innovation if he will publish an action plan for implementing the recommendations of the National Competitive Council and the Competition Authority in order to improve cost competitiveness here; and if he will make a statement on the matter. [33910/10]

A Renewed Programme for Government committed the Government to act on recommendations contained in Competition Authority reports within nine months of their publication.

Following the above commitments given by the Government, my Department drew up an initial prioritised list of 21 recommendations, based on their impact on competitiveness. These 21 recommendations related, directly or indirectly, to five Government Departments. The Government has reviewed the progress made by these Government Departments in responding to the 21 recommendations and a Government Statement to this effect issued in April 2010. I intend to bring to Government twice-yearly updates on the implementation of these and any further recommendations made by the Competition Authority.

Since the October 2009 commitment contained in A Renewed Programme for Government, the Competition Authority has issued one report — in two parts — containing two recommendations. The report relates to GP services and of the two recommendations one has already been implemented with the remaining one currently being progressed.

In relation to the National Competitiveness Council, the Annual Competitiveness report 2010, published by the NCC in July this year, acknowledged that since January 2008, Ireland has regained some of the competitiveness it had lost at the start of the global economic downturn. The improvement in competitiveness is closely linked to the policies the Government has pursued to restore stability to the economy.

The NCC recommendations cover a range of shorter and longer term priorities, and require implementation by a range of Government Departments and agencies. The Government is continuing to drive the competitiveness agenda across the economy, in particular through the work of the Cabinet Committee on Economic Renewal, with a view to progressing those recommendations in order to promote a business environment that is conducive to creating jobs and securing future export-led growth for our enterprise economy.

Question No. 298 answered with Question No. 296.

Redundancy Payments

Noel Ahern

Question:

299 Deputy Noel Ahern asked the Minister for Enterprise, Trade and Innovation the position regarding redundancy payment in respect of a person (details supplied) in Dublin 9. [34264/10]

My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social Protection. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees, and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation. I can confirm that my Department received a statutory redundancy lump sum claim on 17 June 2010 in respect of the above individual. This claim awaits processing.

In respect of lump sum payments paid directly to employees in instances where employers are unable to pay the statutory redundancy entitlements, the current processing time for these claims has improved significantly and claims dating from February 2010 are currently being processed. Of course in some instances, where the necessary supporting documentation for lump sum claims is not provided to my Department, or where queries arise, processing of claims can be further delayed until the required documentation is provided and/or outstanding queries are resolved. My Department continues to make every effort to reduce processing times. Measures already taken in the Department to alleviate the pressures on the payments area include:

Almost doubling the number of staff working solely on redundancy payment claims through reassignment to a current level of 52 full time equivalents;

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

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

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

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

I would also point to the fact that in the eight-month period up to the end of August 2010, the number of claims processed by my Department was 51,800, a 96% increase compared to the corresponding period in 2009 (26,405) which also exceeds the total number of claims processed for the whole year 2009 (50,664).

Currently the weekly intake of new claims is an average of just over 1,200. Overall, new claims received in the first eight months of 2010 amounted to 43,449, a fall of just over 20% over the corresponding eight-month period in 2009 when 54,439 claims were lodged. The claims backlog which reached its highest level at 43,000 in the latter quarter of 2009 has been reduced to a level of 32,137 at the end of August 2010 representing a reduction in the backlog of almost 11,000 claims.

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.

Employment Support Services

Ciaran Lynch

Question:

300 Deputy Ciarán Lynch asked the Minister for Enterprise, Trade and Innovation the support available by way of advice or grant aid to a start-up service companies whose owners are former PAYE workers; and if he will make a statement on the matter. [34285/10]

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. In addition, the CEBs deliver a range of advice services and 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. 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.

However, I would stress that 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, 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.

In order to more fully explore the range of options that may be available to them prospective project promoters 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.

Job Creation

Charlie O'Connor

Question:

301 Deputy Charlie O’Connor asked the Minister for Enterprise, Trade and Innovation the efforts being made in respect of the job creation needs of Tallaght, Dublin 24; and if he will make a statement on the matter. [34296/10]

At present, there are over 350 Enterprise Ireland client companies in South Dublin employing almost 12,000 people. So far this year, Enterprise Ireland has paid out over €9 million to client companies in South Dublin including Tallaght. The agency has been actively engaged with its client companies in the region and has a number of supports and initiatives in place to assist them including grants to industry, Enterprise Stabilisation Fund, technology acquisition grants, management development, seed and venture capital funds, research and development funds, jobs expansion fund and several others.

Business growth and job creation are inherent considerations in the activities of the South Dublin County Enterprise Board (CEB) in promoting and developing indigenous micro-enterprise potential and stimulating economic activity and entrepreneurship in South Dublin, which includes the Tallaght area. The forms of financial assistance available include priming grants, expansion/development grants and feasibility/innovation study grants. During 2010, South Dublin CEB has continued to assist micro-enterprises throughout the area by both direct grant aid to eligible businesses and also through the provision of a range of other important business supports such as mentoring, business training and business advice designed to help stimulate indigenous enterprise creation and to boost employment creation.

Currently, there are 482 IDA Ireland-supported companies in Dublin City and County employing more than 47,000 people. More than 2,500 new jobs have been created by new and existing IDA-supported companies in Dublin City and County to date in 2010. Through its network of overseas offices, IDA is actively promoting Tallaght and South Dublin to potential overseas investors. There have been a number of visits by potential investors, some which are expected to come to fruition this year. In addition, IDA Ireland works closely with its existing client companies in South Dublin, encouraging them to take on additional valued added activities and to expand their operations in the county. In May of this year, SAP commenced recruitment of 75 additional jobs at its City West facility, bringing the employment figure to over 1,000 at the campus.

Tallaght and South Dublin are well equipped to compete with other areas for potential foreign direct investment, with superb infrastructure facilities at City West and Grange Castle and a third level Institute of technology at Tallaght.

I can assure the Deputy that the enterprise development agencies, under the aegis of my Department, are working hard to attract and develop employment and investment opportunities for Tallaght and the surrounding area.

Redundancy Payments

Frank Feighan

Question:

302 Deputy Frank Feighan asked the Minister for Enterprise, Trade and Innovation the position regarding redundancy payment in respect of person (details supplied) in County Leitrim; the action, if any, he intends to put in place to deal with the 10-12 months delay in persons receiving their redundancy payments. [34328/10]

My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social Protection. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees, and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation. I can confirm that my Department received a statutory redundancy lump sum claim on 10 June, 2010 in respect of the above individual. This claim awaits processing.

In respect of lump sum payments paid directly to employees in instances where employers are unable to pay the statutory redundancy entitlements, the current processing time for these claims has improved significantly and claims dating from February 2010 are currently being processed. Of course in some instances, where the necessary supporting documentation for lump sum claims is not provided to my Department, or where queries arise, processing of claims can be further delayed until the required documentation is provided and/or outstanding queries are resolved. My Department continues to make every effort to reduce processing times. Measures already taken in the Department to alleviate the pressures on the payments area include:

Almost doubling the number of staff working solely on redundancy payment claims through reassignment to a current level of 52 full time equivalents;

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

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

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

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

I would also point to the fact that in the eight-month period up to the end of August 2010, the number of claims processed by my Department was 51,800, a 96% increase compared to the corresponding period in 2009 (26,405) which also exceeds the total number of claims processed for the whole year 2009 (50,664). Currently the weekly intake of new claims is an average of just over 1,200. Overall, new claims received in the first eight months of 2010 amounted to 43,449, a fall of just over 20% over the corresponding eight-month period in 2009 when 54,439 claims were lodged. The claims backlog which reached its highest level at 43,000 in the latter quarter of 2009 has been reduced to a level of 32,137 at the end of August 2010 representing a reduction in the backlog of almost 11,000 claims.

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.

Frank Feighan

Question:

303 Deputy Frank Feighan asked the Minister for Enterprise, Trade and Innovation when redundancy payment will issue to a person (details supplied). [34331/10]

My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social Protection. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees, and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation. I can confirm that my Department received a statutory redundancy lump sum claim on 17 August, 2010 in respect of the above individual. This claim awaits processing.

In respect of lump sum payments paid directly to employees in instances where employers are unable to pay the statutory redundancy entitlements, the current processing time for these claims has improved significantly and claims dating from February 2010 are currently being processed. Of course in some instances, where the necessary supporting documentation for lump sum claims is not provided to my Department, or where queries arise, processing of claims can be further delayed until the required documentation is provided and/or outstanding queries are resolved. My Department continues to make every effort to reduce processing times. Measures already taken in the Department to alleviate the pressures on the Payments area include:

Almost doubling the number of staff working solely on redundancy payment claims through reassignment to a current level of 52 full time equivalents;

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

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

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

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

I would also point to the fact that in the eight-month period up to the end of August 2010, the number of claims processed by my Department was 51,800, a 96% increase compared to the corresponding period in 2009 (26,405) which also exceeds the total number of claims processed for the whole year 2009 (50,664).

Currently the weekly intake of new claims is an average of just over 1,200. Overall, new claims received in the first eight months of 2010 amounted to 43,449, a fall of just over 20% over the corresponding 8-month period in 2009 when 54,439 claims were lodged. The claims backlog which reached its highest level at 43,000 in the latter quarter of 2009 has been reduced to a level of 32,137 at the end of August 2010 representing a reduction in the backlog of almost 11,000 claims.

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.

Work Permits

Mattie McGrath

Question:

304 Deputy Mattie McGrath asked the Minister for Enterprise, Trade and Innovation the position regarding an employment permit appeal (details supplied). [34366/10]

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 wish to advise the Deputy that this application was refused on 2 September 2010 on the grounds that it is current Government policy to issue new employment permits for highly skilled, highly paid positions or, in respect of non-EEA nationals who are already legally resident in the State on valid employment permits or, where there is an officially recognized scarcity of workers of a particular type or qualification.

Furthermore, a vacancy in which a work permit is being applied for must be advertised for a period of six days in both local and national newspapers. It is also the case that the salary scale referred to in the application does not correspond with the salary as advertised with FÁS. An appeal in respect of this decision was received in the employment permits section on 15 September 2010. All appeals are dealt with in date of receipt order and there is currently a waiting period of four-six weeks because of the number of appeals being processed with limited staff resources.

Industrial Development

Jimmy Deenihan

Question:

305 Deputy Jimmy Deenihan asked the Minister for Enterprise, Trade and Innovation the number of site visits arranged through the Industrial Development Agency to County Kerry for each of the years 2008, 2009, and to date in 2010; and if he will make a statement on the matter. [34437/10]

I have been informed by IDA Ireland that, during 2008, 2009 and to date in 2010, there have been a total of 11 site visits by potential investors to a variety of locations throughout County Kerry. Details of the locations of those visits are set out in the following tabular statement.

Table showing location of visits for each of the years 2008, 2009 and to date in 2010

Year

Location

Total Site Visits

2010 (to 24th Sept)

1 Valentia 1 Tralee

2

2009

2 Killarney 3 Tralee

5

2008

1 Kenmare 3 Tralee

4

Inland Waterways

Frank Feighan

Question:

306 Deputy Frank Feighan asked the Minister for Community, Equality and Gaeltacht Affairs the position regarding funding for the provision of moorings at a location (details supplied); the amount of funding; and when same will be made available. [34306/10]

I have been informed by Waterways Ireland that Fáilte Ireland has approved an offer of €525,000 in grant assistance to Waterways Ireland for this project. The balance of the funding will be provided by Waterways Ireland and the local county council.

A planning application will be lodged shortly and, if this is successful, works on the project will commence in 2011.

Irish Language

Pat Breen

Question:

307 Deputy Pat Breen asked the Minister for Community, Equality and Gaeltacht Affairs his views on developing an Irish language centre for West Clare; if he will establish a linguistic study in County Clare with a view to setting up a Gaeltacht in the county; and if he will make a statement on the matter. [34153/10]

The Linguistic Study of the Use of Irish in the Gaeltacht, which was published in 2007, sets out a proposed sociolinguistic profile and assessment criteria by which Gaeltacht status might be established. These include the percentage of the population that are daily speakers of Irish, Irish-speaking networks, language planning and policies in the community and youth services.

Recommendations from the linguistic study on granting Gaeltacht status based on linguistic criteria have been incorporated into the draft 20-year strategy for Irish. Also included in the draft strategy is a provision for the establishment of regional centres for Irish language promotion and activities.

The Deputy will be aware that the draft strategy has been under consideration by the Joint Oireachtas Committee on Tourism, Culture, Sport, Community Equality and Gaeltacht Affairs, which provided a report in the matter in July last, including a range of recommendations. The committee's recommendations are currently being assessed by the relevant Government Departments and I hope to be in a position to bring the final draft of the strategy back to Government for approval in the coming period.

Traveller Community

Noel Ahern

Question:

308 Deputy Noel Ahern asked the Minister for Community, Equality and Gaeltacht Affairs, with reference to the mediators put in place by his Department to deal with an illegal Traveller encampment at a location (details supplied), the reason this was done when the courts had already deliberated on same; the person who made the decision to engage mediators at this stage; the cost of the mediators; and the way that cost is being funded. [34161/10]

My Department got involved in the process referred to by the Deputy as part of its remit in relation to mediation within the Traveller community.

The Traveller policy division of my Department received a telephone call from the Pavee Point Mediation Service on 20 May 2010 regarding an ongoing conflict between two Traveller families. Pavee Point Mediation Service expressed concern that a situation had arisen where there was a possibility of loss of life.

As a result of this telephone call, Traveller policy division facilitated a meeting to allow constructive dialogue to take place among all relevant parties. The meeting took place on 28 May 2010 with representation from the Department of the Environment, Heritage and Local Government, Dublin City Council, the Garda, Pavee Point Mediation Service, Travact (a local Traveller CDP), Pobal, Parish of the Travelling People and the Traveller policy division.

It was put forward at the meeting that mediators with the Midland Traveller Conflict and Mediation Initiative (MTCMI) — a pilot project which was part-funded by the Department of Justice and Law Reform and the HSE — would be willing to get involved in the situation to try to broker a solution. This approach was agreed by all those present, including Dublin City Council.

A further meeting, requested by MTCMI, was held in the Dublin City Council offices on 17 June 2010 to review the position. I understand that the Traveller policy division of my Department has had no formal contact with the process since that date.

I am advised that MTCMI were willing to become involved in this case as an extension of work they are undertaking with Travellers in the Midlands and that they have not charged for the work carried out by them in the area referred to by the Deputy.

Defence Forces Property

Seán Ó Fearghaíl

Question:

309 Deputy Seán Ó Fearghaíl asked the Minister for Defence if his attention has been drawn to the number of fires that have taken place at a barracks (details supplied) in County Kildare; if his further attention has been drawn to the fact that the property has been a location for anti-social behaviour; the steps he has taken and the investment he has made to secure this extensive property; if he has received requests for compensation from neighbouring property owners whose property may have been damaged arising from the outbreaks of fire; the steps he has taken to ensure public safety by fully securing the site; and if he will make a statement on the matter. [34228/10]

The Department of Defence is aware of a number of fires that have taken place recently in Magee Barracks, Kildare Town, and is also aware that anti-social behaviour is taking place there. The Department has been in touch with An Garda Síochána concerning these matters and security fencing has been erected to prevent the occurrence of such behaviour. Further fencing will be erected in the next few weeks to remove access points created after the erection of the initial fencing. No claims for compensation have been received from the owners of neighbouring properties and officials have met with some of the property owners to discuss issues of concern.

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