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Dáil Éireann debate -
Thursday, 4 Nov 2010

Vol. 721 No. 1

Written Answers

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

Organic Farming

Jack Wall

Question:

11 Deputy Jack Wall asked the Minister for Agriculture, Fisheries and Food the number of applications pending for grant aid under the REP scheme to organic farmers; and if he will make a statement on the matter. [40643/10]

The Organic Farming Scheme was introduced in 2007 to deliver enhanced environmental and animal welfare benefits and to promote organic production. Support for these objectives had been provided by way of supplementary measure under the Rural Environment Protection Scheme. A total of 365 applications were received in respect of the 2010 Organic Farming Scheme. This is in addition to the 488 participants in the scheme at the end of 2009. Following review at the end of 2009, the scheme was re-launched at the beginning of the year and included a new requirement that applicants had completed an approved training course before joining the scheme. All new applicants are also required to submit a detailed 5 year business plan.

The applications and business plans are currently being processed in the Department with a view to early decision on entry into the scheme. The Department will be in contact with the applicants in the near future and my intention is to ensure that all administrative checks are completed and that payments commence as quickly as possible.

Direct Payment Schemes

David Stanton

Question:

12 Deputy David Stanton asked the Minister for Agriculture, Fisheries and Food the way in which mapping issues are impacting on payment of single farm payment and disadvantaged area payments to farmers; the number of farmers awaiting payment because of difficulties with mapping; and if he will make a statement on the matter. [40536/10]

This year has proven to be a very challenging one from the point of view of processing Single Payment Scheme applications. A substantial additional workload has led to a situation where the initial processing and administrative validation of applications took considerably longer than recent years. In addition, there was a very large increase in the volume of maps submitted on which area changes were recorded. Most of these changes record where farmers wish to identify and have removed ineligible areas from the land parcels claimed.

By the time the processing of the 2010 applications is completed, it is expected that my Department will have processed and digitised maps received from over 70,000 farmers. This compares with a figure of 30,000 for 2009 and an average of 22,000 maps in recent years. On average each farmer submitted two maps with their 2010 application forms. It is for this reason that, despite the allocation of additional resources, the digitising of the maps submitted is taking a longer period than in previous years consequently some farmers have not received the full amount of their advance payment because maps submitted by them have not as yet been digitised.

Notwithstanding these difficulties, the total number of farmers advance paid under the Single Payment Scheme since payments commenced on 18th October is 110,438 with an amount totalling €519 million. Of the remaining 11,500 eligible applicants yet to be paid, approximately 600 applicants have not been paid due to the need to have their land parcels re-digitised. My Department is prioritising the re-digitising of the parcels for these applicants. The remaining maps requiring digitising will continue to be given top priority until they have all been processed.

When account is taken of the additional amounts paid under the Disadvantaged Areas Scheme, payments to date have reached almost €700 million, a significant figure under any circumstances. This underlines the initiatives that I have taken to achieve my objectives of maximising payments. One of the initiatives came from my decision to include the provision of advance payments under the Disadvantaged Areas Scheme as well as the SPS. In a significant change, my Department has been able to pay those farmers whose applications are fully processed and clear on a weekly basis. I also brought forward the date for the balancing payment for the Disadvantage Areas Scheme. In addition, it has also been possible to make full or partial payments to those farmers whose only difficulty is non-digitised maps, with payment being made on those parcels of land that are digitised and cleared. This meant that thousands of farmers received payment much earlier than would normally have been the case.

I must point out that under the legislation governing the implementation of the Single Payment Scheme it is permissible to pay applicants only in respect of eligible land. In many cases this year, applicants have identified ineligible areas on maps sent to my Department which is then obliged to have these amendments digitised onto its Land Parcel Identification System. It is a key control under the European Union's Integrated Administrative and Control System that the Land Parcel Identification System is kept fully up to date. This means that the ineligible areas entered by farmers on the maps submitted to my Department must be re-digitised onto the Land Parcel Identification System. That task is highly technical and must be carried out to a very high standard to preserve the integrity of the system.

I must re-iterate that it is essential that the Land Parcel Identification System, which records details of all land declared under all the area-based schemes, is fully accurate and up to date, given the fact that it underpins total expenditure under these schemes of in excess of €1.8 billion annually. Consequently the system must take account of changes to areas submitted by farmers. Any failings or shortcomings in the Land Parcel Identification System would constitute a breach of the Integrated Administrative and Control System and would leave my Department open to the very real risk of significant EU fines. I am strongly of the view that such a risk which cannot be countenanced as it could compromise the value of direct payments to farmers. This year has proven to a particularly challenging one from the point of view dealing with the volume of maps received while keeping the Land Parcel Identification System up to date and maximising payments made to farmers.

Finally, I set a very demanding schedule of payments for the Disadvantaged Areas Scheme, Single Payment Scheme and the Grassland Sheep Scheme form September to December 2010. I intend to adhere to this schedule. In the meantime, multiple payment runs under the Schemes will be made on a weekly basis to pay farmers, whose applications are fully processed and clear. I am confident that, by year-end, the total value of payments, which will have issued to farmers under these Schemes, will be well in excess of €1 billion.

Sean Sherlock

Question:

13 Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food the amount of interest payment due to the 17,400 farmers whose farm waste management payments were delayed; and if he will make a statement on the matter. [40629/10]

The arrangements for payment of the remaining grants under the Farm Waste Management Scheme on a phased basis were confirmed in early 2009 with 40 per cent being paid in that year as claims were approved. A further instalment of 40 per cent was paid early in 2010 and the final instalment of 20 per cent will be paid in early 2011. At that stage, total expenditure under the Scheme, since its introduction in 2001, will be of the order of €1.2 billion. I also announced that a special ex-gratia payment not exceeding 3.5 per cent of the value of the deferred amount would be made to farmers whose Farm Waste Management grants were partially deferred in the manner set out above. This payment will also be made in early 2011.

Food Industry

Question:

14 Deputy Michael P. Kitt asked the Minister for Agriculture, Fisheries and Food the level of demand for organic food and if he believes there is potential for this to grow; and if he will make a statement on the matter. [40776/10]

The organic food sector in Ireland is currently valued at approximately €94 million annually and there are about 1,500 producers engaged in organic production. However, a large portion of the organic produce on the Irish market is imported. Apart from the domestic market, there are major export opportunities for Irish organic produce in other European markets. For example, the UK market is currently estimated to be worth Stg.£1.5 billion annually and the German organic market is valued at €5.85 billion annually.

There are many factors driving the recent growth in demand for organic food, such as health and environmental concerns. The wish for GM-free food among certain consumers has also been a factor. Against this background, I am satisfied that there is considerable potential for expansion in organic production here. This is recognised in the commitment in the Programme for Government and, more recently, has been reflected in the Food Harvest 2020 Report. The report places the organic sector within the overall context of development of agriculture and the food industry and sets out a number of specific recommendations for the sector in relation to grant aid for production and processing, the promotion of consumer awareness, marketing and research and development.

Tax Code

Noel Coonan

Question:

15 Deputy Noel J. Coonan asked the Minister for Agriculture, Fisheries and Food his views on the cost of the carbon tax for farms, which is estimated to be in the region of €225 for the average farm annually; and if he will make a statement on the matter. [40557/10]

The implementation of a carbon tax on fossil fuels is, in the first instance, a matter for my colleagues, the Minister for Finance and the Minister for the Environment, Heritage and Local Government. The Renewed Programme for Government contained a commitment to introduce a Carbon Tax in Budget 2010 and this commitment was fulfilled when a carbon tax at a rate of €15 per tonne on fossil fuels was introduced in the third Carbon Budget, delivered by the Minister for the Environment Heritage and Local Government, on 9 December 2009.

The tax applied to petrol and auto-diesel with effect from 10 December 2009 and from 1 May 2010 to Kerosene, Marked Gas Oil (also known as green diesel), Liquid Petroleum Gas (LPG), Fuel Oil and Natural Gas. In the case of the Agriculture Sector, the impact of the introduction of the carbon levy resulted in an approximate 8.7% increase in the price of Marked Gas Oil. The Minister for Finance has indicated that the estimated revenue arising from a carbon tax of €15 per tonne, on Marked Gas Oil used by farmers, is €12.5 million in a full year and being applied from 1 May, approximately €7 million in 2010.

The overall impacts on the Agriculture Sector of the Carbon Levy were calculated by Teagasc, based on National Farm Survey data. Whilst there is, of course, a considerable degree of variability across the various farm systems, the Teagasc analysis estimated that the average increase across all farms , including the impacts of the carbon levy on all fuel types, will be in the region of €230 per farm. It is important to stress that this figure of €230 per farm takes account of the increase on all fuel and lubricants that might be used by a farmer and is not confined solely to the green diesel used by farmers. It includes the increase in cost of the fuel consumed by agricultural contractors, hauliers, machinery hire and transport, or fuel used in other farm machinery owned by the farmer themselves, and also the fuel the farmers use in their private cars.

I am mindful that, as matters stand, a significant financial concession is afforded to the agriculture sector in the form of relief from excise duty on marked gas oil. Currently, excise duty on marked gas oil amounts to 4.7 cents per litre compared to an excise duty rate on auto-diesel, which, at 41 cents per litre, is almost ten times higher. It is also worth bearing in mind that since an excise duty on agricultural diesel was first introduced in 1988, at a rate of €47.36 per 1,000 litres, the rate has been increased, only for the first time, on foot of the introduction of this carbon tax. To help illustrate the significance of this concession; since 1988, the excise rates for petrol and auto-diesel have increased by around 40% and 45% respectively while agricultural diesel has remained unchanged.

When introducing the Carbon levy, Minister Gormley explained the principle of carbon pricing, noting that this mechanism is widely accepted as the most effective way to secure emission reductions. As the Deputy will, of course, be aware, each litre of gas oil, whether used in a tractor or in a diesel engine car, will generate the equivalent of almost 3 kilograms of Carbon dioxide. In 2008, Greenhouse gas emissions associated with agricultural combustion were in excess of 850,000, tonnes of CO2 equivalent. The aim of this carbon tax is to bring about a behavioural change that results in reduced consumption of fossil fuel and consequently, a reduction in emissions.

I am acutely aware that the imposition of this levy is not without consequence for farmers and for tillage farmers in particular. However, with greenhouse gas emissions from agriculture accounting for 29.1% of Ireland's emissions in 2009, I am also very conscious of the need to effect a reduction in these emission levels. As the figure of €230 per farm, established by Teagasc, assumes no change in fuel use by farmers, it should be possible to offset at least some of the increased costs associated with the introduction of the carbon tax, through better management of fossil fuel usage.

Farming Statistics

David Stanton

Question:

16 Deputy David Stanton asked the Minister for Agriculture, Fisheries and Food, further to Parliamentary Question No. 407 of 25 May 2010, the further progress that has been made with the estimates of future farm numbers in 2020, especially the demographic profile of farmers, as commissioned from the rural economy research centre of Teagasc by his Department as part of the 2020 strategy. [40537/10]

Teagasc have provided farm number estimates for 2020 which will be available to the Food Harvest High Level Implementation Committee at its next meeting. These figures focus on farm viability and do not include a demographic profile. Information on current farm demographics is published by the CSO and included in the Annual Review and Outlook published by my Department.

Alternative Farm Enterprises

Catherine Byrne

Question:

17 Deputy Catherine Byrne asked the Minister for Agriculture, Fisheries and Food if he has held discussions with the Department of Communications, Energy and Natural Resources with regard to the delay in seeking approval for the renewable energy feed in tariff designed to support the biofuel sector; and if he will make a statement on the matter. [40553/10]

The Renewable Energy Feed in Tariff (REFIT) is a matter in the first instance for my colleague the Minister for Communications, Energy and Natural Resources. I have written previously to the Minister for Communications, Energy and Natural Resources in relation to REFIT tariffs and officials from my Department are in ongoing contacts with their counterparts in the Department of Communications, Energy and Natural Resources with a view to progressing this and other issues.

Food Industry

Damien English

Question:

18 Deputy Damien English asked the Minister for Agriculture, Fisheries and Food the proportion of the budget for food industry competitiveness, marketing and innovation that has been spent in 2010; and if he will make a statement on the matter. [40574/10]

The Food Sector Competitiveness Fund, approved by Government in 2009, included lean manufacturing, R&D and marketing initiatives. The budget provided for 2010 is €9.5 million comprising €7 million for lean manufacturing and R&D initiatives managed by Enterprise Ireland and €2.5 million for marketing initiatives by An Bord Bia. By the end of 2010, nearly €3 million will have been spent on lean manufacturing including leadership training including €593,864 in expenditure to date. Further projects underway together with applications in hand will mature for payment in 2011. This includes much of the €450,000 in €5,000 innovation vouchers recently awarded to food companies. With regard to the €2.5million for marketing, Bord Bia has allocated this to initiatives underway.

Agri-Environment Options Scheme

Thomas P. Broughan

Question:

19 Deputy Thomas P. Broughan asked the Minister for Agriculture, Fisheries and Food the number of farmers who have applied for the agri-environment options scheme; and if he will make a statement on the matter. [40625/10]

Some 6,000 letters of approval for participation in the scheme have now issued to applicants under the Agri-Environment Options Scheme. Comprehensive administrative and validation checks must be carried out on all applications to ensure eligibility and compliance with the terms and condition of the scheme before letters of approvals can issue, particularly in the case of those applications which required the submission of a Sustainable Management Plan. This represents the majority of 3,419 applicants who have not yet received a start date. I expect the administrative and validation process to be completed and all outstanding cases to be notified of the outcome of their application before the end of November, with successful applicants receiving a start date of 1st November, 2010.

EU Directives

Frank Feighan

Question:

20 Deputy Frank Feighan asked the Minister for Agriculture, Fisheries and Food his views on the proposed changes to the nitrates directive; and if he will make a statement on the matter. [40576/10]

I welcome the agreement that has been reached with the EU Commission on the content of Ireland's 2nd National Action Programme (NAP) under the Nitrates Directive. This new programme will run to the end of 2013. The overall package will, in this economically challenging climate, assist Ireland's agri-food sector meet its targets under the Food Harvest 2020 strategy on the basis of sustainable farming practices.

A comprehensive public consultation process on the proposed NAP revisions commenced in June this year; 45 submissions were received including from the main farming organizations and environmental non-governmental organizations. I set up, jointly with the Minister for the Environment, Heritage and Local Government, an Expert Advisory Group to assist both Departments in taking forward the review process and in determining a common position on the measures which should be included in the 2nd NAP. Following completion of the Expert Group's Report, there have been a number of detailed discussions with the EU Commission on the proposed content of the new programme.

I am pleased that the EU Commission has accepted Ireland's argument that there should be a limited extension of the current transitional arrangements on phosphorous granted to the pig, poultry and mushroom sectors under the first action programme. This concession will continue but will be phased out on a stepped basis between January 2013 and January 2017. I am also pleased with the progress made on fertiliser application limits and winter ploughing and green cover. In the light of the Expert Review Group Report and subsequent discussions with the Commission, the current regime of closed periods for land-spreading is not being changed. It was clear from the discussions that the EU Commission views the current arrangements in this country as one of the most favourable of all member states.

The conclusion of an agreement with the EU Commission on this package of measures clears the way for a formal vote by the EU Nitrates Committee on Ireland's request for a renewal of its derogation under the Nitrates Directive. This derogation allows more intensive farmers to operate at higher stocking levels subject to adherence to stricter rules The EU Commission has indicated that on the basis of the new National Action Programme now agreed, it can support Ireland's request for a renewal of the derogation. The proposed changes in the 2nd Action Programme must go through a screening process in line with the requirements of the EU Strategic Environmental Assessment Directive. This screening process has been initiated by the Department of the Environment, Heritage and Local Government. Regulations to give effect to the Programme will be finalised shortly.

Poultry Industry

Michael Creed

Question:

21 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the plans in place to ensure the future success of the poultry sector is not jeopardised by the introduction of new poultry regulations in 2011; and if he will make a statement on the matter. [40562/10]

I assume that the Deputy's question refers to Council Directive 99/74/EC which prohibits the use of conventional cages within the EU from 1 January 2012. Production thereafter will only be allowed in ‘enriched cages' or non-cage systems, i.e. either free-range or barn systems, including organic systems. The Directive lays down specific requirements that must be delivered by enriched cages, including provisions regarding space, nesting, perches, litter, feed trough and aisle width.

I am acutely aware of the challenges facing the poultry sector arising from the introduction of these new standards. Mindful of the additional costs this will place on producers, earlier this year I introduced the Poultry Welfare Scheme which will assist producers meet the new animal welfare standards for poultry production. Under the scheme, €16 million is being made available for conversion to enriched cages, free-range or barn systems. The scheme will provide for grant-aid at a standard rate of 40 per cent for investments in new laying hen structures, conversions and upgrades.

It is important that the industry post January 2012 is fully compliant with the new standards and is in a position to compete, both domestically and with imports. The provision of aid reflects the importance placed on the maintenance of the highest standards of animal welfare in the laying hen sector and this will serve as a valuable selling point for Irish producers and will help to preserve and protect the excellent reputation of the Irish laying hen producer sector in the future. I understand a number of applications for grant aid under the scheme have been received and are currently being processed in the Department's On Farm Investment Division in Johnstown Castle, Wexford. The closing date for applications is 30 June 2011 with all work to be completed by 31 December 2011.

On-farm Investment Schemes

Seán Ó Fearghaíl

Question:

22 Deputy Seán Ó Fearghaíl asked the Minister for Agriculture, Fisheries and Food the basis on which funding will be made available under the new sheep fencing and mobile handling scheme; and if he will make a statement on the matter. [40762/10]

The Sheep Fencing and Mobile Handling Equipment Scheme opened for applications on 1 November 2010. The Scheme will remain open for valid applications until 31 December 2013 and selection criteria will be applicable in order to determine those grant applications which will proceed to the approval stage. Under the terms of Ireland's Rural Development Programme, a sum of €8 million will be made available for the Scheme during the course of its lifetime.

Beef Exports

Pat Breen

Question:

23 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food if his Department is taking all necessary steps to ensure grading machines are working correctly; and if he will make a statement on the matter. [40545/10]

In the European Union (EU), carcases of adult bovines are classified or graded in accordance with Commission Regulation (EC) 1249/2008 using the EUROP scale for conformation and a scale of 1 to 5 to indicate fat cover. Some Member States, including Ireland, further divide each main class into sub-classes in order to refine the classification assessment of the beef carcase. Classification is used in many cases as the basis for payment to producers and it underpins the EU price reporting system for beef.

Machine classification was only introduced following a formal authorisation procedure, in accordance with Commission Regulation (EC) 1215/2003. At this point in time there are 23 machines in use in the meat plants, while 4 plants continue to classify manually. It is now estimated that in excess of 90% of beef carcases from export approved plants are classified by machine. At the time of the introduction of machine classification, it was viewed by Irish beef producers and the processing industry as an independent and objective manner of classifying beef carcases as opposed to manual classification, which is regarded as subjective.

Since the introduction of mechanical classification of beef carcases in late 2004/early 2005, the performance of the classification machine in each beef processing plant is monitored by regular unannounced inspections by officials of my Department. The classification results allocated to beef carcases are downloaded from the mechanical classification system onto a hand-held computer and the officials assesses the results of at least 80 carcases previously classified by the machine. This assessment of the classification for both conformation and fat is carried out using sub-classes for each main class. The performance of the machine is determined using the same scoring criteria as laid down in the EU Regulation for authorisation purposes.

The mechanical classification of beef carcases was introduced over five years ago in Ireland and is now well established and accepted as an independent, objective and consistent system for classifying beef carcases.

In order to further improve the performance and monitoring of the classification machines, officials of my Department have held discussions in recent months with the various stakeholders involved in beef carcase classification. The stakeholders included farmers' representatives, the meat trade and the manufacturers of the classification machines. I wish to acknowledge the participation and positive contributions of all stakeholders during the discussions. A number of measures have been introduced, or are in the process of being introduced, in order to enhance controls and procedures with the aim of ensuring the effective operation of the mechanical classification system. These measures include:

Increased frequency of control visits by officials of my Department;

Enhanced monitoring of inspection results;

Monitoring of classification trends in each meat plant;

Formal self-checks of machines by factory operatives in each meat plant;

Ongoing training of factory operatives on the operation of machines;

Enhanced communications between stakeholders.

The performance of the classification machine in each beef processing plant and the implementation of these enhanced controls continue to be monitored by regular unannounced inspections of meat plants by officials of my Department.

Crop Losses

Kathleen Lynch

Question:

24 Deputy Kathleen Lynch asked the Minister for Agriculture, Fisheries and Food the amount paid under the crop damage compensation scheme to potato and field vegetable growers in 2010 as a result of frost damage in winter 2009/2010; and if he will make a statement on the matter. [40651/10]

To date, 112 applicants have been paid a total of €2,754,884.49 under the Frost Damage Scheme. There are a further 90 files which are at various stages of being processed at present. All outstanding payments will have to be completed this year.

Organic Farming

Mary Upton

Question:

25 Deputy Mary Upton asked the Minister for Agriculture, Fisheries and Food the amount of grant aid paid to organic farmers under the REP scheme for the years 2009 and 2010; and if he will make a statement on the matter. [40642/10]

The amount of grant aid paid to organic farmers under the REP scheme in 2009 amounted to €452,924 while the amount paid to date in 2010 amounts to €1,900,780.

On-farm Investment Schemes

James Bannon

Question:

26 Deputy James Bannon asked the Minister for Agriculture, Fisheries and Food if there are plans to address outstanding installation aid for young farmers and farmer hardship cases; and if he will make a statement on the matter. [40542/10]

The Young Farmers' Installation Scheme was suspended for new applications on 14 October 2008. 941 applications for grant-aid were received by my Department under the Scheme prior to its suspension and these applications are being processed to payment stage as the claims are approved. An allocation of €4.5 million has been provided in this year's Estimates to meet the financial commitment involved in processing applications under the Scheme and the preceding installation aid schemes. I have no plans at present to reopen the Scheme to new applicants.

Fishing Vessel Licences

Jim O'Keeffe

Question:

27 Deputy Jim O’Keeffe asked the Minister for Agriculture, Fisheries and Food if his attention has been drawn to the difficulties confronting the owners of fishing vessels in the 15 metre to 18 metre category which do not comply with the new safety regulations; if he will arrange to introduce a decommissioning arrangement for such vessels; and if he will make a statement on the matter. [39734/10]

Matters concerning maritime safety, including in respect of sea fishing vessels, is a matter for the Minister for Transport. I have no function in relation to the matter. I have no plans for a further decommissioning scheme at present.

Grant Payments

Seymour Crawford

Question:

28 Deputy Seymour Crawford asked the Minister for Agriculture, Fisheries and Food the number of farmers who have not been paid any area aid or single farm premium so far this year on a county basis; the number of others who have received reduced payments because of unresolved mapping problems (details supplied); and if he will make a statement on the matter. [40534/10]

By the time the processing of the 2010 applications is completed, it is expected that my Department will have processed and digitised maps received from over 70,000 farmers. This compares with a figure of 30,000 for 2009 and an average of 22,000 maps in recent years. On average each farmer submitted two maps with their 2010 application forms.

Despite the huge additional workload significant progress has been made with the result that very few of the farmers who have yet to be paid have problems relating to the digitising of maps. In addition it has also been possible to make full or partial payments to those farmers whose only difficulty is non-digitised maps, with payment being made on those parcels of land that are digitised and cleared. This meant that thousands of farmers received payment much earlier than would normally have been the case. I also have implemented a provision, for the first time, where farmers not in receipt of their full advance payment can receive a supplementary advance payment following the re-digitising of their land parcels. In the past, such farmers would have to wait until 1 December before they could be paid their additional payment as well as their balancing payment.

There has some comment on the need to react earlier. This is easy to say but does not reflect the unprecedented number of maps requiring updating and re-digitising and extra two months required to input the huge level of additional information into the system. Data capture, which would normally take place by July, was only completed in September. In addition, the digitising of land parcels requires certain skills and knowledge and there are very few skilled operators. Therefore, it is not a situation where further staff could be readily recruited from outside. This year, all aspects of the processing of the Single Payment Scheme took longer than in previous years given the number of farmers who made alterations to their applications particularly relating to the changing of eligible areas.

The following tabular statements illustrate the payments to date under the Single Payment Scheme and Disadvantaged Areas Scheme.

2010 Single Payment Scheme

County

Fully Paid

Partially Paid

Not paid as case is Not clear

Carlow

1,232

280

116

Cavan

3,787

595

325

Clare

5,041

626

349

Cork

9,207

2,408

1,165

Donegal

6,534

578

760

Dublin

490

52

90

Galway

9,550

970

1,173

Kerry

5,683

943

867

Kildare

1,411

353

252

Kilkenny

2,289

747

363

Laois

2,144

499

241

Leitrim

2,370

639

315

Limerick

4,124

569

387

Longford

1,903

284

154

Louth

1,122

198

163

Mayo

7,746

2,163

1,274

Meath

3,147

248

247

Monaghan

3,171

438

336

Offaly

2,415

432

153

Roscommon

4,584

538

501

Sligo

3,156

381

330

Tipperary

4,978

1,303

574

Waterford

1,935

318

152

Westmeath

2,224

395

278

Wexford

2,732

846

378

Wicklow

1,326

389

317

Total

94,301

17,192

11,260

2010 Disadvantaged Areas Scheme

County

Full payment

Partial payment

Not paid as case is not clear

Carlow

495

188

64

Cavan

3,506

903

270

Clare

4,834

832

264

Cork

4,612

1,663

571

Donegal

5,550

1,362

783

Dublin

86

17

16

Galway

8,682

1,749

1,122

Kerry

5,114

1,558

727

Kildare

359

73

60

Kilkenny

1,099

490

127

Laois

1,154

384

109

Leitrim

2,068

928

327

Limerick

2,286

375

176

Longford

1,783

405

132

Louth

512

150

80

Mayo

7,136

2,510

1,210

Meath

931

275

87

Monaghan

2,983

721

234

Offaly

1,706

491

127

Roscommon

4,114

1,043

421

Sligo

3,044

551

268

Tipperary

2,932

1,080

337

Waterford

1,015

272

93

Westmeath

1,823

525

176

Wexford

840

408

166

Wicklow

1,024

439

223

Totals

68,664

19,392

8,170

Agri-Environment Options Scheme

Pádraic McCormack

Question:

29 Deputy Pádraic McCormack asked the Minister for Agriculture, Fisheries and Food the number of applicants under the agri-environment options scheme that remain outstanding; when it is expected successful applicants will receive notification of a start date; and if he will make a statement on the matter. [40591/10]

Some 6,000 letters of approval for participation in the scheme have now issued to applicants under the Agri-Environment Options Scheme. Comprehensive administrative and validation checks must be carried out on all applications to ensure eligibility and compliance with the terms and condition of the scheme before letters of approvals can issue, particularly in the case of those applications which required the submission of a Sustainable Management Plan. This represents the majority of 3,419 applicants who have not yet received a start date. I expect the administrative and validation process to be completed and all outstanding cases to be notified of the outcome of their application before the end of November, with successful applicants receiving a start date of 1st November, 2010.

Afforestation Programme

Margaret Conlon

Question:

30 Deputy Margaret Conlon asked the Minister for Agriculture, Fisheries and Food the value of the financial approvals for the autumn forestry planting that he announced recently; and if he will make a statement on the matter. [40765/10]

The estimated cost for establishment grants and first premiums for the 1500 hectares approved for this autumn's planting programme is approximately €5.6 million.

Grant Payments

Eamon Gilmore

Question:

31 Deputy Eamon Gilmore asked the Minister for Agriculture, Fisheries and Food when all REPS 4 payments due in 2010 will issue; and if he will make a statement on the matter. [40628/10]

The EU Regulations governing REPS 4 and other area-based schemes provide that payments issue in two instalments. The first instalment of 75% may be paid once all administrative checks on all applications, as well as cross-checks against areas declared on Single Payment Scheme applications, have been completed. This process is under way and while my objective is to make all payments as soon as possible, the checks are likely to take several more weeks to complete. The balancing payment of 25% can issue once all on-the-spot inspections for the year have taken place. The programme of inspections is well advanced at this stage.

Fishing Industry Development

Niall Blaney

Question:

32 Deputy Niall Blaney asked the Minister for Agriculture, Fisheries and Food his views regarding the possible transfer of fish quotas to Norway; and if he will make a statement on the matter. [40763/10]

The annual consultations between EU and Norway on a bilateral fisheries agreement for 2011 will commence on 15 November 2010. At the last Fisheries Council meeting, held on 26 October 2010 in Luxembourg, the fisheries agenda item of particular importance for Ireland was the discussion regarding these negotiations between the EU and Norway on a bilateral fisheries agreement for 2011.

These negotiations are held annually, whereby Norway and the Community routinely swap fishing opportunities in each others waters as part of the agreement each year. As Ireland receives very limited fishing opportunities from the fish stocks received from Norway, our main interest relates to eliminating or, as a minimum, reducing to the lowest possible level the transfers to Norway from stocks in Western Waters which we fish. In the past a significant share of the blue whiting stock in Western Waters, in which Ireland has a share, has formed part of the transfers to Norway. Ireland has consistently opposed what has to date been an unfair and inequitable process which results in a Member State, like Ireland which does not benefit, paying for the fishing opportunities of other Member States.

At the Fisheries Council, Minister Connick reminded the Commissioner and his fellow Ministers of the Commissions statement from last Decembers Fisheries Council which provides that "Bearing in mind that Member States benefit to a different degree from the exchange of fishing opportunities with Norway, the Commission shall endeavour to ensure that the costs and benefits for individual Member States of the annual arrangements with Norway should be as balanced as possible.” Minister Connick strongly defended Ireland’s position, opposing the transfer of these fish quotas to Norway to pay for cod and other stocks which do not benefit Ireland. In particular the Minister made it abundantly clear that Ireland will totally oppose any moves to include stocks that the Irish fleet fishes in the waters off the west coast, such as horse mackerel and mackerel, in the balance.

It is very clear that there will be a major problem balancing the quota exchanges in any EU-Norway agreement this year especially as the TAC for blue whiting which was used to partly meet the balance in the transfers has been cut by some 90%. Ireland has called on the Commission to bring forward a new framework whereby Member States that want to avail of the Cod being offered by Norway can contribute to a communal EU pool of quotas to be exchanged with Norway. In this way those Member States that want the cod can avail of it, but not to the detriment of Member States who do not benefit. Minister Connick will be keeping in close contact with the negotiations and will be working to deliver an agreement which will protect the fishing opportunities for our fishermen in 2011.

Organic Farming

Question:

33 Deputy Michael P. Kitt asked the Minister for Agriculture, Fisheries and Food the potential he believes there to be for the organic farming scheme; and if he will make a statement on the matter. [40775/10]

The objective of this Scheme is to deliver enhanced environmental and animal welfare benefits and to encourage producers to respond to the market demand for organically produced food. The domestic organic retail market is currently worth about €94 million and a large portion of this produce is imported. Apart from the domestic market, major export opportunities for Irish organic produce are to be found in the major European markets. For example the UK market is currently estimated to be worth Stg£1.85 billion while the German market is currently valued at €5.85 billion. By encouraging farmers to consider the organic option and avail of the opportunities that exist in the Organic Sector, the Organic Farming Scheme therefore has the potential to make a significant contribution to the environment and the economy.

Food Harvest 2020

Máire Hoctor

Question:

34 Deputy Máire Hoctor asked the Minister for Agriculture, Fisheries and Food his plans for the implementation of the recommendations set out in Food Harvest 2020 in relation to organics and horticulture; and if he will make a statement on the matter. [40773/10]

Action on all recommendations is overseen by the High Level Implementation Committee (HLIC) which I chair. In relation to horticulture, a Horticulture Action Group will shortly be established to oversee implementation and to report back to the HLIC on an ongoing basis on progress. Responsibility for progressing actions in relation to organics and all areas is being assigned at senior official and State Body CEO level, as relevant.

Equine Identification

Brian O'Shea

Question:

35 Deputy Brian O’Shea asked the Minister for Agriculture, Fisheries and Food the number of fines issued in respect of those who have breached the new requirements on equine identification; and if he will make a statement on the matter. [40653/10]

European Commission Regulation (EC) No. 504/2008 set out an improved system for the identification for equidae and is binding on all Member States of the European Union. It is a legal requirement since July 2009 that each equine must be identified in accordance with this Regulation. This involves the equine being implanted with a microchip and having a passport issued from an approved studbook or horse passport issuing agency, with the details relating to the animal recorded on a database maintained by the passport issuing body.

Keepers of equines must have passports for their animals in order to be eligible to participate in a wide range of events and activities across the equine sector e.g. thoroughbred breeding and racing, showjumping, competitions, shows, sales and also if certain veterinary medications are to be availed of. Equines cannot be considered for slaughter for human consumption unless they have a passport.

Officials from my Department who carry out checks of equine passports at Rosslare and Dublin ports have found in recent years near 100% compliance with the requirement for horses to be accompanied by passports; they observe that on foot of publicity campaigns undertaken by my Department in recent years there is a high level of awareness amongst those involved in the equine industry of the passport requirements. All keepers of horses, passport issuing bodies and veterinary practitioners are obliged to comply with the provisions of this legislation.

The Department's approach has been one of informing all stakeholders in the equine industry (keepers of equines, approved passport issuing bodies, veterinary representative organizations, marts/ sales where horses are transacted, etc.) through a combination of initiatives including direct correspondence and communications in the equine press of the requirement to have all horses identified. No prosecutions have been undertaken to date.

Research Funding

Ned O'Keeffe

Question:

36 Deputy Edward O’Keeffe asked the Minister for Agriculture, Fisheries and Food the level of funding that will be provided for the recently announced research call across the food institutional research measure, research stimulus fund and competitive forest for research development; and if he will make a statement on the matter. [40779/10]

Funding of approximately €10 million in total over four years has been allocated to the recently announced Research Call across the Food Institutional Research Measure, the Research Stimulus Fund and the Programme of Competitive Forest Research for Development. This funding comprises a number of new initiatives that will facilitate collaborative, inter-institutional, public good type research to enable fulfilment of a number of industry relevant targets set out in the recently published Food Harvest 2020 Report.

Grant Payments

Michael D. Higgins

Question:

37 Deputy Michael D. Higgins asked the Minister for Agriculture, Fisheries and Food the amount paid out to the horticulture sector under the investment aid grant scheme under the national development plan; the number of payments issued to date; the highest amount of a single payment; and if he will make a statement on the matter. [40648/10]

My Department has contributed significantly to the support of the horticulture industry through its grant aid scheme of Investment Aid for the Development of the Commercial Horticulture Sector under the National Plan 2007-2013. The scheme assists capital investment on farms to promote the specialisation and diversification of on-farm activities, improve the quality of products and facilitate environmentally friendly practices and improve working conditions. The scheme has made an immense contribution to the growth and development of the horticulture sector across all areas- protected crops, field vegetables, mushrooms, nursery crops, soft fruit, apples, cut foliage and beekeeping.

Under the first two rounds of the scheme, a total of €8,254,321 was paid out to 222 producers in 2008 and 2009 which supported investment of €20.6M. The highest amount paid to an individual applicant was €404,640. This year a grant package of €3.8M is available to 107 horticulture producers which will fund projects to the investment value of €9.5M.

Dairy Industry

Noel Treacy

Question:

38 Deputy Noel Treacy asked the Minister for Agriculture, Fisheries and Food the way he anticipates the 50% growth target for dairy production set out in Food Harvest 2020 can be achieved; and if he will make a statement on the matter. [40759/10]

Noel Treacy

Question:

77 Deputy Noel Treacy asked the Minister for Agriculture, Fisheries and Food the timetable he has given the dairy expansion activation group in which to report; and if he will make a statement on the matter. [40760/10]

I propose to take Questions Nos. 38 and 77 together.

I expect that the Food Harvest 2020 target of a 50 per cent increase in milk production by 2020 will be achieved through a focused and determined implementation of the report’s recommendations for the dairy sector. These recommendations cover the full range of activities in both production and processing, and include:

the need to improve on-farm competitiveness through, for example, animal health and genetic improvement programmes as well as increased efficiency through education and technology transfer,

the need to ensure adequate capacity and maximum efficiency at processing level, and

the need to facilitate more commercially focused R&D and marketing activities, as well as further research into strategies to reduce greenhouse gas emissions.

I have previously stated my commitment to leading and driving the implementation of this report. I established, and am chairing, a very focused High Level Implementation Group which will ensure effective, joined-up action, and will act as a clearing house for the range of issues that are likely to arise in relation to the development of the agriculture sector as a whole. I have also recently established the Dairy Expansion Activation Group, comprised of dairy farmers, processors and Teagasc, which I have tasked with addressing the specific actions required to achieve the dairy expansion target. I have asked for an initial ‘road map' to be submitted to the High Level Implementation Group by the end of November, highlighting key milestones and identifying how any obstacles to implementation should be overcome.

Pigmeat Sector

Joe Costello

Question:

39 Deputy Joe Costello asked the Minister for Agriculture, Fisheries and Food the amount of money to date that has been paid out under the pigmeat recall scheme; the number of companies which have been paid compensation from this scheme; the amount each company received under this scheme; and if he will make a statement on the matter. [40646/10]

A total of €100m has been paid out under the Scheme to date: €35m in 2008, €55m in 2009 and €10min in 2010. Co funding in the sum of €8m was provided by the EU in respect of some 7,500 tonnes of the affected pigmeat product. A total of 120 companies have been paid to date. The information requested by the Deputy relating to how much each company received is commercially sensitive and I regret that I cannot issue it to him.

Poultry Industry

Róisín Shortall

Question:

40 Deputy Róisín Shortall asked the Minister for Agriculture, Fisheries and Food the number of poultry breeder eggs imported in 2009 and 2010; and if he will make a statement on the matter. [40658/10]

Pat Rabbitte

Question:

43 Deputy Pat Rabbitte asked the Minister for Agriculture, Fisheries and Food the number of poultry egg breeders here; and if he will make a statement on the matter. [40657/10]

Sean Sherlock

Question:

63 Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food the incentives in place to promote poultry egg breeding activities here; and if he will make a statement on the matter. [40659/10]

I propose to take Questions Nos. 40, 43 and 63 together.

According to records held in my Department, some 79 poultry flocks are involved in the production of hatching eggs, with a further 33 involved in rearing these birds to laying age. During 2009, approximately 6 million eggs were imported into Ireland for the purpose of hatching, while for the first nine months of 2010 some 6.6 million eggs were imported for the same purpose. These imports originate in the United Kingdom, the Netherlands and France.

The Common Agricultural Policy constrains the financial assistance that can be afforded to poultry producers. Usually, such assistance is linked to avian health or welfare considerations. For example, Council Directive 99/74/EC prohibits the use of conventional cages within the EU, and comes into effect from 1 January 2012. Production thereafter will only be allowed in ‘enriched cages' or non-cage systems, i.e. either free-range or barn systems, including organic systems. The Directive lays down specific requirements that must be delivered by enriched cages, including provisions regarding space, nesting, perches, litter, feed trough and aisle width.

Mindful of the additional costs this will place on producers, earlier this year I introduced the Poultry Welfare Scheme which will assist producers meet the new animal welfare standards for poultry production. Under the scheme, €16 million is being made available for conversion to enriched cages, free-range or barn systems. The scheme will provide for grant-aid at a standard rate of 40 per cent for investments in new laying hen structures, conversions and upgrades.

It is important that the industry post January 2012 is fully compliant with the new standards and is in a position to compete, both domestically and with imports. The provision of aid reflects the importance placed on the maintenance of the highest standards of animal welfare in the laying hen sector and this will serve as a valuable selling point for Irish producers. It will help to preserve and protect the excellent reputation of the Irish laying hen producer sector in the future. I understand a number of applications for grant aid under the scheme have been received and are currently being processed in the Department's On Farm Investment Division in Johnstown Castle, Wexford. The closing date for applications is 30 June 2011 with all work to be completed by 31 December 2011.

Direct Payment Schemes

Bernard J. Durkan

Question:

41 Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food the extent to which all farm payments for the past four years to date in 2010 have been completed; the number of cases referred for review and re-evaluation in each year; the reason for any rejection arising; the criteria used for review; if specific areas of the country have been singled out for review resulting in delayed payment; if on review it has emerged that similar applications in exactly identical circumstances have resulted in payment in some and rejection and delay of others; when it is expected that all outstanding payments will be made up to date in respect of each category of payment; and if he will make a statement on the matter. [40539/10]

My Department is involved in the payment of a wide range of grants and subventions including, for example, payments under the Single Payment Scheme to some 130,000 beneficiaries and area based compensation allowances to some 102,000 farmers. The information sought by the Deputy is not readily available in my Department and the resources required to compile the level of detail would not be justified in the required timeframe. However, details of payments made under EU Schemes for the years 2007 to 2009 are available on my Department's website.

Veterinary Medicines

John Deasy

Question:

42 Deputy John Deasy asked the Minister for Agriculture, Fisheries and Food the efforts being made to address the disproportionate cost of veterinary medicines; and if he will make a statement on the matter. [40566/10]

My Department does not have any statutory function in relation to the pricing of veterinary medicines. However, my Department does have statutory responsibility for the regulation of veterinary medicines from the point of view of public health and animal health and welfare. In exercising these functions, my Department is conscious of the need to minimise costs for farmers and pet animal owners and has, within the limits afforded by EU legislation, adopted a number of measures over the years with a view to stimulating competition in the supply of medicines.

Fundamental to these efforts has been a policy to retain a viable ‘off-prescription' category for medicines which, on scientific evaluation, do not need to be prescribed by a veterinary practitioner. I might add that, during the last review of the EU medicines regime, Ireland was to the fore in opposing Commission proposals to reserve all veterinary medicines to the "prescription-only" category. We were largely successful in this regard, with the result that farmers can continue to purchase major categories of medicines, such as wormers and vaccines, from a wide range of authorised outlets, without incurring the cost of a veterinary call-out fee.

Other measures adopted by my Department aimed at empowering farmers and other animal owners to get the best value when purchasing medicine supplies include:

A requirement for all outlets to display price lists and, in the case of vets, to show on invoices the cost of the medicine separate from the cost of the professional service;

A requirement on vets to issue written prescriptions, enabling farmers to shop around and purchase from the best value outlet;

An extension of the range of outlets from which many prescription only medicines can be purchased to include Licensed Merchants, in addition to pharmacies and veterinary practices;

An extension of the maximum validity of a prescription to 12 months, thereby enabling farmers stagger their purchases to meet their immediate and seasonal needs.

I believe these measures provide clear evidence of my Department's commitment to playing its part in minimising costs. I would encourage farmers to take maximum advantage of these measures and I would ask manufacturers and distributors of veterinary medicines to play their parts in driving down costs by offering best value consistent with a reasonable commercial return.

Question No. 43 answered with Question No. 40.

Departmental Offices

Joanna Tuffy

Question:

44 Deputy Joanna Tuffy asked the Minister for Agriculture, Fisheries and Food the stage at which plans to reduce the DVE, AES and forestry offices from 48 to 16 stand; and if he will make a statement on the matter. [40641/10]

To date under the local office reorganisation plan Department services provided by 31 former local offices have been consolidated at 10 enhanced regional offices. These regional offices allow my Department to provide in a more efficient and effective manner the full range of services to our clients at Castlebar, Clonakilty, Drumshanbo, Enniscorthy, Navan, Limerick, Roscommon town, Tipperary Town, Tralee and Waterford City. Six regional offices are soon to be established in Counties Cavan, Cork, Donegal, Galway, Kildare and Offaly in order to facilitate the closure of remaining local offices and complete the 16 regional office network for my Department.

Beef Industry

Willie Penrose

Question:

45 Deputy Willie Penrose asked the Minister for Agriculture, Fisheries and Food when he will publish beef carcase classification results based on the Meat Industry Ireland beef grid; the reason there has been a delay in publishing the results; and if he will make a statement on the matter. [40636/10]

The classification results for beef carcases are forwarded to my Department by meat plants on a weekly basis. The classification results are in turn reported to the European Commission in accordance with Commission Regulation (EC) 1249/2008. The computerised reporting systems that report classification results make use of main classes for both conformation and fat and were not designed to provide information based on the various sub-classes for both conformation and fat. The IT services of my Department are currently working on a computer system that will provide information on the classification results within sub-classes for both conformation and fat. This system is expected to be available shortly.

Grant Payments

Brendan Howlin

Question:

46 Deputy Brendan Howlin asked the Minister for Agriculture, Fisheries and Food when the farm waste management interest will be paid; and if he will make a statement on the matter. [40630/10]

It is intended that the ex-gratia payment due to farmers, whose grants under the Farm Waste Management Scheme were paid on a phased basis, will be made in January 2011.

Food Industry

Brendan Howlin

Question:

47 Deputy Brendan Howlin asked the Minister for Agriculture, Fisheries and Food the number of schools that have participated in the “incredible edibles” scheme administered by Bord Bia; the annual cost of the scheme to date; and if he will make a statement on the matter. [40649/10]

The Incredible Edibles challenge is funded by the fruit and vegetable industry and Bord Bia and is administered by Agri Aware on their behalf. In 2010, 2,635 equating to 79% of all primary schools, participated in the Incredible Edibles programme. The challenge has the aim of educating pupils about how fresh produce is grown and what is involved in taking it from the field to the fork. The growing challenge also educates children on the critical role fresh fruit and vegetables play in a healthy balanced diet.

Grant Payments

Jan O'Sullivan

Question:

48 Deputy Jan O’Sullivan asked the Minister for Agriculture, Fisheries and Food when the remaining amount of grant payments will be paid and if all payments due to farmers will be made by 1 December 2010; and if he will make a statement on the matter. [40635/10]

My Department had now processed 111,500 SPS applications with payments worth in excess of €519 million having been issued in just two weeks. Payments under the Disadvantaged Areas Scheme of the order of €177 million have also issued to 90,000 farmers. Those who have yet to receive an advance payment or have received a partial advance payment under either the Single Payment Scheme or the Disadvantaged Areas Scheme payments will be paid, as soon as the errors and other area related eligibility issues holding up payments are resolved and their cases are fully processed for payment. Regular payment runs will continue from now until 1 December when Single Payment Scheme balancing payments will be made in respect of all fully clear cases.

Greyhound Racing Industry

Thomas P. Broughan

Question:

49 Deputy Thomas P. Broughan asked the Minister for Agriculture, Fisheries and Food when he will bring forward legislation relating to the regulation of the greyhound sector; and if he will make a statement on the matter. [40644/10]

A Bill providing for the welfare of greyhounds is currently being drafted with a view to presentation in the current Dáil session.

Health and Safety

Róisín Shortall

Question:

50 Deputy Róisín Shortall asked the Minister for Agriculture, Fisheries and Food the promotional activities his Department has taken to counter the number of farm deaths in view of the fact that the number of deaths this year has reached 23, the highest number in ten years; and if he will make a statement on the matter. [40639/10]

Emmet Stagg

Question:

67 Deputy Emmet Stagg asked the Minister for Agriculture, Fisheries and Food the stage at which the implementation process of the new Farm Safety Action Plan 2009 — 2012 stands; and if he will make a statement on the matter. [40640/10]

I propose to take Questions Nos. 50 and 67 together.

Firstly I would like to express my deepest concern and sadness at the number of fatalities on Irish farms this year. The tragic deaths of 23 people through farming activities is of grave concern to us all. Needless to say I strongly support the Health and Safety Authority, which is the national body in Ireland with responsibility for securing health and safety at work, in their endeavours to promote farm health and safety.

During 2008 a Farm Safety Action Plan for the period 2009-2012 was developed by the Health and Safety Authority and the Farm Safety Advisory Committee, which was launched by my colleague Minister Kelleher, the then Minister for Labour Affairs, in December 2008. This Action Plan sets out ambitious goals and actions to raise national awareness of occupational health and safety in agriculture and to reduce fatalities and accidents on Irish farms. The seven goals of the Action Plan are:

To raise national awareness of occupational safety and health in agriculture

To increase the uptake of training on farm safety and occupational health.

To achieve a reduction in the incidence of fatal accidents to elderly farmers.

To achieve a reduction in the incidence of fatal accidents to children.

To achieve a reduction in the incidence of accidents involving livestock

To achieve a reduction in the incidence of accidents involving tractors and machinery.

To achieve improvements in the level of occupational ill health among farmers.

My Department has given specific commitments to support this plan and when called upon earlier this year, by my colleague Minister Calleary, my Department gave further commitments to raising the awareness of health and safety in agriculture by including a farm health and safety element in all new programmes. To-date in 2010 my Department has:

Included such an element in the new Dairy Efficiency Programme. This will enable farmers to address key farm health and safety issues with their advisor during Discussion Group meetings. Updated its farm health and safety section of the website. Farm health and safety is now highlighted in the ‘Most Popular' section of the website to make it easier for our customers to access the information.

Continued to prioritise appropriate health and safety aspects in farm building specifications when they are being drafted or revised. In August 2010 my Department published a revised specification for loose dry sow units and a new specification for laying hen houses — both of these specifications contain safety related issues on the first two pages.

Maintained the requirement for farmers participating in training courses for the third and fourth Rural Environment Protection Scheme to be advised on farm health and safety matters.

In addition to my Department's farm health and safety promotional activities, Teagasc is actively promoting farm health and safety in all its training programmes, providing courses on the farm safety Code of Practice. They also include health and safety messages in their publications for farmers and their advisors are briefed in the farm safety Code of Practice.

Direct Payment Schemes

Jim O'Keeffe

Question:

51 Deputy Jim O’Keeffe asked the Minister for Agriculture, Fisheries and Food the procedures that are necessary to sort out delays in single farm payments arising from mapping problems; the number of persons awaiting such payments as a result of the mapping issues; and if he will make a statement on the matter. [39733/10]

This year has proven to a particularly challenging one from the point of view of keeping my Department's Land Parcel Identification System up to date. By the time the processing of the 2010 applications is completed, it is expected that my Department will have processed and digitised maps received from over 70,000 farmers. This compares with a figure of 30,000 for 2009 and an average of 22,000 maps in recent years. On average each farmer submitted two maps with their 2010 application forms. It is for this reason, despite the allocation of additional resources, that the digitising of the maps submitted is taking longer than in previous years

Nevertheless the total number of farmers advance paid under the SPS since payments commenced on 18th October is 110,438 with an amount totalling €519 million. It is estimated that 600 of the remaining 11,500 eligible applicants are not paid as yet due to the need to have their maps digitised. I am having theses case given top priority by my Department. The remaining maps requiring digitising will continue to be given top priority until they have all been processed. When account is taken of the additional amounts paid under the Disadvantaged Areas Scheme, payments to date have reached almost €700 million, a significant figure under any circumstances.

Grant Payments

Joe Costello

Question:

52 Deputy Joe Costello asked the Minister for Agriculture, Fisheries and Food when the 2010 REPS 4 payments will issue; and if he will make a statement on the matter. [40627/10]

The EU Regulations governing REPS 4 and other area-based schemes provide that payments issue in two instalments. The first instalment of 75% may be paid once all administrative checks on all applications, as well as cross-checks against areas declared on Single Payment Scheme applications, have been completed. This process is under way and while my objective is to make all payments as soon as possible, the checks are likely to take several more weeks to complete. The balancing payment of 25% can issue once all on-the-spot inspections for the year have taken place. The programme of inspections is well advanced at this stage.

EU Council Meetings

Niall Blaney

Question:

53 Deputy Niall Blaney asked the Minister for Agriculture, Fisheries and Food the outcome of the recent EU Fisheries Council; and if he will make a statement on the matter. [40764/10]

At the last Fisheries Council meeting, held on 26 October 2010 in Luxembourg, the fisheries agenda item of particular importance for Ireland was the discussion regarding the upcoming negotiations between the EU and Norway on a bilateral fisheries agreement for 2011. These negotiations are held annually, and Norway and the Community routinely swap fishing opportunities in each others waters as part of the agreement each year.

As Ireland receives very limited fishing opportunities from the fish stocks received from Norway, our main interest relates to eliminating or, as a minimum, reducing to the lowest possible level the transfers to Norway from stocks in Western Waters which we fish. In the past a significant share of the blue whiting stock in Western Waters, in which Ireland has a share, has formed part of the transfers to Norway. Ireland has consistently opposed what has to date been an unfair and inequitable process which results in a Member State, like Ireland which does not benefit, paying for the fishing opportunities of other Member States.

At the Council, Minister Connick reminded the Commissioner and his fellow Ministers of the Commissions statement from last Decembers Fisheries Council which provides that: "Bearing in mind that Member States benefit to a different degree from the exchange of fishing opportunities with Norway, the Commission shall endeavour to ensure that the costs and benefits for individual Member States of the annual arrangements with Norway should be as balanced as possible." Minister Connick strongly defended Ireland's position, opposing the transfer of these fish quotas to Norway to pay for cod and other stocks which do not benefit Ireland. In particular the Minister made it abundantly clear that Ireland will totally oppose any moves to include stocks that the Irish fleet fishes in the waters off the west coast, such as horse mackerel and mackerel, in the balance.

It is very clear that there will be a major problem balancing the quota exchanges in any EU-Norway agreement this year especially as the TAC for blue whiting which was used to partly meet the balance in the transfers has been cut by some 90%. Ireland has called on the Commission to bring forward a new framework whereby Member States that want to avail of the Cod being offered by Norway can contribute to a communal EU pool of quotas to be exchanged with Norway. In this way those Member States that want the Cod can avail of it, but not to the detriment of Member States who do not benefit.

On a side topic, Minister Connick also referred to the ongoing negotiations between the EU, Norway, the Faroe Islands and Iceland on arrangements for the management of the mackerel stock which is so important economically to Ireland. The Minister restated Ireland's support of the Commission's efforts to bring about an agreement but not at any cost.

Grant Payments

Denis Naughten

Question:

54 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the steps he is taking to expedite payments due to farmers; and if he will make a statement on the matter. [39784/10]

Under the legislation governing the implementation of the Single Payment Scheme it is permissible to pay applicants only in respect of eligible land. This year up to 70,000 applicants have identified ineligible areas and features on maps sent to my Department which is then obliged to have these amendments re-digitised onto its Land Parcel Identification System. The volume of maps received is 40,000 more than in 2009. Additional resources were allocated to the re-digitising of the maps received. Nevertheless in some cases the required amendments were not carried out prior to payment.

Consequently some applicants were paid an amount less than the 50% advance payment expected in respect of the Single Payment Scheme and less than the 75% paid under the Disadvantaged Area Scheme. However, it is important to emphasise that payments did issue to these farmers and they did not have to wait to have all of their parcels re-digitised to be paid, as was the case in other years. Furthermore, in recognition of the need to maximise payments I have implemented a provision whereby farmers not in receipt of their full advance payment can receive a supplementary advance payment following the re-digitising of their land parcels.

The earliest permissible date for the payment under the Single Payment Scheme is 1 December. However in 2010 I made a special case to the European Commission and secured agreement to make an advance payment of 50% from 18th October. The total number of farmers paid since payments commenced just over two weeks ago is 110,438 farmers with an amount totalling €519 million. The balancing payments of 50% will commence on 1st December. The payment of the aid under the Disadvantaged Areas Scheme commenced on 22 September 2010. The total number of farmers paid to date under this Scheme is 89,096 with the total amount paid of €177.5 million. Between both schemes nearly €700 million has been paid out to farmers.

The measures I have taken have maximised the rate at which farmers can be paid taking account of the need to process the very large volume of maps received. My Department will continue to ensure that the digitising of all maps received is a top priority.

On-farm Investment Schemes

Seán Ó Fearghaíl

Question:

55 Deputy Seán Ó Fearghaíl asked the Minister for Agriculture, Fisheries and Food the level of funding being made available for the new sheep fencing and mobile handling scheme; and if he will make a statement on the matter. [40761/10]

The Sheep Fencing and Mobile Handling Equipment Scheme opened for applications on 1 November 2010. The Scheme will remain open for valid applications until 31 December 2013 and selection criteria will be applicable in order to determine those grant applications which will proceed to the approval stage. Under the terms of Ireland's Rural Development Programme, a sum of €8 million will be made available for the Scheme during the course of its lifetime.

Milk Quota

John Cregan

Question:

56 Deputy John Cregan asked the Minister for Agriculture, Fisheries and Food the closing date for the milk quota trading scheme for the 2011 to 2012 milk quota year; and if he will make a statement on the matter. [40778/10]

John Cregan

Question:

86 Deputy John Cregan asked the Minister for Agriculture, Fisheries and Food the basis on which the recently announced new milk quota trading scheme will operate; and if he will make a statement on the matter. [40777/10]

I propose to take Questions Nos. 56 and 86 together.

I recently announced the ninth Milk Quota Trading Scheme, which will be the first of two Trading Schemes to allocate quota in respect of the 2011/2012 milk quota year. The structure of the Scheme will remain largely unchanged. It will again be run in respect of each Co-op area, and will be comprised of a priority pool and a market exchange. Sellers will continue to contribute 30 per cent of the total quota offered for sale to the priority pool. The method for calculating the market clearing price, including the 40 per cent price corridor, will remain unchanged. The 3:2 ratio on the distribution of priority pool quota between young farmers and category 1 producers remains, as does the option for sellers in certain Co-op areas to sell at one or two cent per litre less than their original offer price. I have, however, decided to reduce the maximum price at which quota is traded in the priority pool, from 6 cent/litre to 5 cent/litre. If the exchange price for a given Co-op area drops below 5 cent/litre, the priority pool price will be the same as the exchange price.

In addition, I have introduced a national component in each phase of the scheme that will involve a new mechanism to allow sellers who have been successful in selling some but not all of their quota on the market exchange to dispose of their remaining quota through a national pool. Where necessary, this redistribution will be carried out by the Department immediately after each of the two stages in order to ensure that sellers are not forced to retain some of the quota offered for sale because of insufficient demand in their areas. Such a re-distribution will not involve a separate application process.

The closing date for receipt of applications is Friday 5 November 2010. Full details of the Scheme are available from Co-ops or on the Department's website:

www.agriculture.gov.ie/dairyingfarming/milkquotas.

Food Industry

Ned O'Keeffe

Question:

57 Deputy Edward O’Keeffe asked the Minister for Agriculture, Fisheries and Food the importance he attaches to continued investment in research and innovation in the Irish agriculture food sector; and if he will make a statement on the matter. [40780/10]

My Department remains committed to investing in research and innovation in the Irish Agri-Food sector. I believe that both public and private investment in research and innovation is critical to ensuring that the Agri-Food industry becomes part of the smart economy thereby enabling it to play a key role in leading our country to better economic times.

The Food Harvest 2020 Report, recently published by my Department following detailed consideration of the appropriate future strategic direction of the sector by a Group comprising all the major stakeholders, highlights research and innovation as a prerequisite to achieving the growth targets set out in the report. In response to key recommendations in this report, I recently announced a €10m research Call comprising a number of industry relevant novel initiatives across my Department‘s three Competitive Research Funding Programmes, namely the Food Institutional Research Measure (FIRM), the Research Stimulus Fund (RSF) and the Programme of Competitive Forest Research for Development (COFORD).

My Department invests heavily in agri-food research and innovation both directly through these three competitive, public good, funding programmes as well as indirectly via grant-in-aid funding to Teagasc and the Marine Institute. This funding has built significant human and physical research capacity, capability and critical mass that serves to underpin the sector for the benefit of producers, processors, the wider rural community, and the consumer. The recently announced Call will add further this. Of course, as acknowledged in Food Harvest 2020, the industry itself must play its part too by increasing the level of its own investment in research and innovation both at producer and processor level.

Forestry Sector

Tom Sheahan

Question:

58 Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food if he will amend the new conditions relating to farmer status in applying for forestry grants; and if he will make a statement on the matter. [40620/10]

The new conditions relating to farmer status were recently agreed following a long consultation with a wide range of forestry stakeholders. I am satisfied that the new conditions are appropriate for applications for forestry grants.

Food Industry

Liz McManus

Question:

59 Deputy Liz McManus asked the Minister for Agriculture, Fisheries and Food the marketing initiatives that have been undertaken by Bord Bia in 2010 and at what cost to improve the food industry’s competitiveness; and if he will make a statement on the matter. [40652/10]

An Bord Bia is undertaking a series of market research, development and promotion initiatives in 2010 to support the food, beverages, seafood and horticulture sectors including the following. The Marketplace 2010 event in Croke Park in February 2010 brought together 383 buyers with 155 Irish companies for 3,863 pre-arranged meetings to identify business potential. The net budget for the event was under €400,000. Annualised sales arising from the event so far amount to €8.5 million and the target of €10 million in new business after 12 months is accordingly set to be exceeded. In addition, An Bord Bia is participating in 17 key international trade fairs in 2010, providing firms with a cost effective way of engaging with buyers and retailers.

An Bord Bia's Marketing Assistance Programme provides support to food, drink and horticulture companies to assist them in improving marketing techniques and capabilities. It is open to SME's with a minimum annual turnover of €100,000 in the year of application and a maximum turnover of €3.5million. In 2010, 156 companies were awarded grants totalling €882,000. The programme is designed to dovetail with the objectives of the Bord Bia Vantage Small Business Centre of Excellence in helping small businesses to grow.

A second round of the An Bord Bia Marketing Fellowship Programme in association with the UCD Michael Smurfit Graduate Business School commenced in 2010 involving the recruitment of 25 graduates with upwards of three years sales and marketing experience and their assignment to 12 international markets for a 12 month period. The programme which commenced in Autumn 2009 has proven highly successful in terms of market research and business development. The cost of the programme and a Fellowship Alumni programme will be €1.375 million.

An Bord Bia is also working on a new sustainability initiative to further consolidate the market position of quality assured Irish beef. From January 2011, the environmental performance of all 32,000 farms participating in the An Bord Bia Beef Quality Assurance Scheme will be tracked on an ongoing basis to objectively demonstrate its green production credentials. Bord Bia is currently completing the process of accreditation to the internationally recognised specification, PAS 2050, in association with The Carbon Trust in the UK. It is understood to be the first scheme of its type in the world to incorporate an objective assessment of the carbon footprint and will enable Irish beef farmers to demonstrate how they are improving their environmental credentials and increasing productivity. The accreditation and audit work is being funded from within the €4.3 million special fund for Quality Assurance in An Bord Bia's budget for 2010.

Grant Payments

Brian O'Shea

Question:

60 Deputy Brian O’Shea asked the Minister for Agriculture, Fisheries and Food the percentage of the total money paid out to farmers by 18 October 2010; and if he will make a statement on the matter. [40634/10]

My overall priority in relation to processing payments under the Single Farm Payment and Disadvantaged Areas Scheme in 2010 is to ensure that as many payments can be made to as many farmers as quickly as possible subject to the necessary requirements of those two schemes being met. For that reason, I set out a very ambitious payments schedule for the commencement of payments under the various Direct Payments between September and the end of the year. My Department is adhering to the schedule.

The total number of farmers advance paid under the SPS since payments commenced on 18th October is 110,438 with an amount totalling €519 million. These applicants have been paid more than 93% of the total due, as they were paid on the basis of their eligible digitised land. As the maps submitted by farmers are-re-digitised additional payments will be made to the farmers in question provided that their applications are clear for payment.

Food Industry

Ciaran Lynch

Question:

61 Deputy Ciarán Lynch asked the Minister for Agriculture, Fisheries and Food the amount paid to producers under the producer organisation scheme for the years 2009 and 2010; and if he will make a statement on the matter. [40650/10]

In the face of ever-greater concentration of demand, the grouping of supply of fruit and vegetables through Producer Organisations is more than ever an economic necessity in order to strengthen the position of producers in the market.

Accordingly, in its 2007 reform of the common organisation of the market for fruit and vegetables, the European Union made further provision for financial assistance to producers grouping, on a voluntary basis, to form recognised Producer Organisations. Recognised POs implement approved operational programmes which aim to improve the quality and efficiency of operations to achieve the following objectives: improving the competitiveness and market orientation of the sector so as to contribute to achieving sustainable production that is competitive both on the EU and external markets; reducing fluctuations in producers' incomes resulting from crises on the market; increasing the consumption of fruit and vegetables in the Community; and continuing the efforts made by the sector to maintain and protect the environment.

Payments are made to the recognised Producer Organisation undertaking the approved Operational Programme, rather than to the individual producer members of the PO. Payments are made annually in arrears. In 2009, €4,968,268 was paid to the three recognised POs in respect of their 2008 operational programmes. The sum of €5,785,391 was paid this year to the three POs in respect of the 2009 calendar year.

Food Security

Michael D. Higgins

Question:

62 Deputy Michael D. Higgins asked the Minister for Agriculture, Fisheries and Food the progress that has been made on the reform process regarding the Committee on World Food Security and its role within the UN system; and if he will make a statement on the matter. [29665/10]

The first meeting of the reformed Committee on World Food Security (CFS) took place from 11th to 16th October 2010. The reform of the Committee on World Food Security (CFS) has been brought about both by the ongoing reform of the UN Food and Agriculture Organisation and by the increasing recognition, since the 2008 food price spikes, of the need to improve global governance in food and nutrition security.

These food price crises have brought greater focus on the role that this Committee can play. The vision of the reformed CFS is to be an inclusive international and intergovernmental platform for all stakeholders to work together to ensure food security and nutrition for all. The Committee is intended to be a central component in the global food security architecture and aims to; achieve greater inclusivity through strong involvement from Civil Society, increase capacity to address food insecurity thorough use of a High Level Panel of Experts to provide the most comprehensive scientific input, and develop greater policy coordination and coherence.

The main highlight of the new Committee was the increased involvement of civil society organisations. Non-governmental organisations participated in all the debates on the same basis as Member Governments and a formal mechanism was agreed for the ongoing involvement of, and support for, NGOs participation. Discussions at CFS concentrated on the issues of land tenure, price volatility and protracted crises. A set of international guidelines is currently being drawn up by the UN Food and Agriculture Organisation on responsible governance on land tenure. The new High Level Panel of Experts has been asked to report on the issue of price volatility, including its causes and possible ameliorating measures. As part of the process of increased policy coherence, the CSF will commence work on drawing up a global strategic framework for food security and nutrition.

Ireland is very supportive of the ongoing reform and looks forward to further developments in this process. At the recent CFS meeting Ireland was represented on the Speakers Panel in an important side event to highlight the importance of the Nutrition Framework (SUN), which aims to support nutrition interventions in early childhood.

Question No. 63 answered with Question No. 40.

Fishing Industry Development

Christy O'Sullivan

Question:

64 Deputy Christy O’Sullivan asked the Minister for Agriculture, Fisheries and Food his plans to advance the development of the Irish seafood sector; and if he will make a statement on the matter. [40768/10]

As was set down in the Food Harvest 2020 report, I believe that seafood innovation and new product development together with maintenance of an international reputation for wholesome, fresh and natural seafood, produced in the most sustainable and environmentally friendly manner, are essential to the advancement and further development of the Irish seafood sector. With this in mind I have sought to support initiatives that endeavour to deliver these fundamental requirements while also seeking to increase Ireland's market share of the international seafood industry.

Primary examples of my approach to advance the development of the Irish seafood sector at this time are the adoption of the National Seafood Programme and the endorsement of Bord Iascaigh Mhara's (BIM) 3 Year Strategy. Together these target based initiatives represent a means of ensuring the sustainable development and advancement of the Irish seafood sector. The National Seafood Programme provides Exchequer funded support with the development of new products and processes, innovation, adding value to products, maintaining and improving environmental and food quality standards and improving cost efficiency. In addition, the EU Co-funded Fisheries Operational Programme this year is providing grant aid support for environmental and inshore management systems for the fishing fleet.

BIM's Strategy is geared at improving the seafood sector's performance by assisting industry through programmes of skills development, enhanced environmental compliance, product differentiation and labelling, new product development and innovation and improved commercial practices. The Strategy's time frame and targets are designed to contribute to the achievement of 2020 targets in Food Harvest (FH 2020). Indeed, the level of progress achieved will be a valuable marker of the efficiency of actions being taken under FH 2020.

To date, BIM has made considerable progress in assisting the seafood sector in being more innovative. The BIM Seafood Development Centre, based in Clonakilty, Co. Cork, has assisted in excess of 60 companies in using its innovation facility since its launch in 2009. The facility is well on its way to delivering its ambitious target of €100 million in additional value added sales over the next five years.

On-farm Investment Schemes

Bobby Aylward

Question:

65 Deputy Bobby Aylward asked the Minister for Agriculture, Fisheries and Food following the introduction of the sheep fencing and mobile handling scheme, the other on-farm investment schemes he plans to introduce; and if he will make a statement on the matter. [40771/10]

EU Commission approval for the introduction of five targeted modernisation schemes focused on supporting productive investment in the agricultural sector was received earlier this year. Due to the relatively short time-frames for completion of the investment works concerned, priority was given to the introduction of the Sow Welfare and Poultry Welfare Schemes which were launched on 16 June last. The Sheep Fencing/Handling Scheme opened for applications on 1 November. The remaining on-farm investment schemes provided for in Ireland's Rural Development Programme are the Dairy Equipment and Water Harvesting Schemes. However, no dates have yet been fixed for their introduction.

Common Agricultural Policy

Sean Fleming

Question:

66 Deputy Seán Fleming asked the Minister for Agriculture, Fisheries and Food his plans to further discuss the future of the Common Agricultural Policy after 2013; and if he will make a statement on the matter. [40770/10]

Sean Fleming

Question:

76 Deputy Seán Fleming asked the Minister for Agriculture, Fisheries and Food the discussions he has had in relation to the future of the Common Agricultural Policy after 2013; and if he will make a statement on the matter. [40769/10]

Bernard J. Durkan

Question:

80 Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food his proposals to ensure that the agricultural sector is not negatively affected in any reform of the Common Agriculture Policy and ultimately World Trade Organisation having particular regard to the pivotal role for agriculture in this country’s economic recovery; if he will ensure that during any such negotiations a trade off is not agreed which could seriously damage this country’s economic prospects even further; his views in this area; and if he will make a statement on the matter. [40538/10]

I propose to take Questions Nos. 66, 76 and 80 together.

My view is that the agriculture and food production sector is hugely important in the context of Europe's economic and industrial recovery. It contributes to all three priorities of the EU 2020 strategy of smart, green and inclusive growth. Its importance has been acknowledged in the conclusions by the Heads of State and Government at the spring European Council and in the recently released EU budget review document by the Commission. For Ireland the future CAP will determine the policy framework for the successful delivery of our Food Harvest 2020 strategy and it will be of vital importance to ensure that it underpins that strategy.

In the circumstances, my priority is to ensure that the proposed reform of the EU Common Agricultural Policy results in a strong and properly resourced policy in the years ahead. There is good support for this position among my colleagues in the EU Council of Agriculture Ministers. I want the current two pillar structure to be continued with a primary focus of pillar 1 on the support of farm income and the main focus of pillar 2 on the development of agriculture in rural areas. I am also determined to ensure that any WTO agreement reached is balanced in all its dimensions and does not impact negatively on EU or Irish agriculture.

Although formal negotiations have yet to commence, there has been a high level of activity and debate regarding the future CAP among Member States over the past two years with formal policy debates taking place in the EU Council of Agriculture Ministers as well as informal contacts and meetings at bilateral level, the production of position papers by stakeholder organisations and a full-scale consultation process initiated by the Commission.

I and my Department have participated actively in all of these discussions with a view to building up alliances and pressing the Irish viewpoint. In addition to representing the Irish view at formal and informal meetings of EU Agriculture Ministers, I have had bilateral meetings with the Commissioner and with colleagues from a number of other Member States. I travelled to Poland and Hungary last July to meet my Ministerial counterparts. I had discussions in Dublin last month with my German Ministerial colleague and I have arranged meetings with my French and UK colleagues for the coming months.

These contacts are proving very productive in deepening our understanding of each others positions and in establishing support for the Irish position in the negotiations. I had the pleasure of welcoming Commissioner Ciolos to Ireland last month. It was an opportune time for such a visit just as the Commission was finalising its thinking on its formal communication.

At official level too, we have engaged actively with our colleagues in other Member States, the Commission and the European Parliament. There have been a number of bilateral meetings and contacts and we have shared information and analysis, discussed policy positions and explained the Irish context and viewpoint. This work has also proved very effective in gaining understanding and acceptance of the Irish position.

I am also continuing to consult widely on the domestic front. I had the opportunity of addressing the Joint Committee on Agriculture on the occasion of the EU Commissioner's visit and of hearing their views. Earlier in the year I established a Consultative Committee to advise me on the CAP after 2013. That Committee is composed of all of the major farming and agriculture related representative organisations involved in social partnership as well as a number of academics and officials. The Committee had its first meeting last May and went on to participate in the Stakeholder event I organised during the visit of Commissioner Ciolos. Its upcoming meeting later this month will be addressed by a senior Commission official.

The formal Commission communication on the future of the CAP will be released later this month with legislative proposals due to follow in mid 2011. We have a long way to go before we arrive at a conclusion of these negotiations. They will not be easy but I am determined to fight for the best possible outcome for Irish agriculture. Agriculture is our largest indigenous industry and we have much to gain from a successful outcome.

Question No. 67 answered with Question No. 50.

Forestry Sector

Margaret Conlon

Question:

68 Deputy Margaret Conlon asked the Minister for Agriculture, Fisheries and Food the level of forestry planting he anticipates taking place in 2010; and if he will make a statement on the matter. [40766/10]

It is anticipated that planting in 2010 will be in the region of 7,000 hectares.

On-farm Investment Schemes

Kathleen Lynch

Question:

69 Deputy Kathleen Lynch asked the Minister for Agriculture, Fisheries and Food when the dairy hygiene and water harvesting schemes will be introduced under the targeted agricultural modernisation scheme; and if he will make a statement on the matter. [40632/10]

EU Commission approval for the introduction of five targeted modernisation schemes focused on supporting productive investment in the agricultural sector was received earlier this year. Due to the relatively short time-frames for completion of the investment works concerned, priority was given to the introduction of the Sow Welfare and Poultry Welfare Schemes which were launched on 16 June last. The Sheep Fencing/Handling Scheme opened for applications on 1 November. No dates have yet been fixed for the introduction of the Dairy Equipment and Water Harvesting Schemes.

Grant Payments

Ruairí Quinn

Question:

70 Deputy Ruairí Quinn asked the Minister for Agriculture, Fisheries and Food his plans to restore the payment rate under the suckler cow welfare scheme; and if he will make a statement on the matter. [40656/10]

Scheme implementation and the delivery of services by my Department in the future, including the implementation of the Suckler Cow Welfare Scheme, will be considered in the context of 2011 Budgetary process and the preparation of the Four Year Expenditure Programme.

Fishing Industry Development

Christy O'Sullivan

Question:

71 Deputy Christy O’Sullivan asked the Minister for Agriculture, Fisheries and Food the benefits he expects to be delivered by Bord Iascaigh Mhara’s three year strategy and the Irish national seafood programme; and if he will make a statement on the matter. [40767/10]

I am confident that the Bord Iascaigh Mhara 2010-2012 Strategy — ‘Delivering on the Potential of Irish Seafood', drafted in consultation with the Irish seafood industry, will deliver on its stated targets thus bringing innovative, developmental and financial benefits to both the sector and the economy as a whole. The development of the seafood sector is supported by the Irish Seafood National Programme, which I launched in July of this year and the EU co-funded Operational Programme for Fisheries.

BIM's new strategy document concentrates on avenues to deliver essential developmental services to a seafood industry undergoing rapid and unparalleled change. The strategy sets down over 70 detailed actions under four key themes that underpin the opportunities for the Irish seafood sector. It is anticipated that the strategy will be central to creating some 600 additional jobs across the Irish seafood sector, in addition to developing an extra €50 million in value added seafood sales through processes such as the differentiation of some 40,000 tonnes of seafood products as eco-labelled and of Irish origin worth approximately €120 million, the increase in aquaculture production capacity by approximately 10,000 metric tonnes valued at an estimated €18 million in new sales together with delivering some 3,500 training places to the seafood sector in over 30 coastal locations annually. The strategy is geared toward improving the seafood sector's performance through difficult and challenging times by assisting industry through focused support programmes.

The Irish National Seafood Programme provides Exchequer funded support to the seafood sector to develop new products and processes through enhanced innovation that adds value to products while maintaining and improving environmental and food quality standards with improved cost efficiency. Grants totaling €1.91 million have been made available to 19 seafood projects in both the processing and aquaculture sectors under the Programme for investment projects worth €10.5 million. In addition, the EU Co-funded Operational Programme is providing grant aid this year to support a range of measures covering environmental and inshore management systems for the fishing fleet.

I believe that the seafood sector, made up as it is of indigenous operators, will have a significant role to play in Ireland's economic recovery. BIM's new strategy is a welcome addition to the suite of harmonised strategies for the seafood sector including Steering a New Course, Sea Change, as well as Food Harvest 2020. It adds to and fully complements the existing strategies and positions Ireland well to maximise the very large opportunities which are presenting themselves in the international seafood markets.

On-farm Investment Schemes

Bobby Aylward

Question:

72 Deputy Bobby Aylward asked the Minister for Agriculture, Fisheries and Food the level of overall funding being provided for the various targeted agricultural modernisation schemes; and if he will make a statement on the matter. [40772/10]

In accordance with Ireland's Rural Development Programme, a sum of €90 million has been made available for the five targeted on-farm investment schemes listed below:

Sow Welfare Scheme;

Poultry Welfare Scheme;

Sheep Fencing and Mobile Handling Equipment Scheme;

Dairy Equipment Scheme;

Water Harvesting Scheme.

The first three Schemes referred to above have already been introduced by my Department. In addition, the Rural Development Programme also makes provision for indicative funding of €20 million from 2010-2015 for investment in bio-energy crops within the agricultural modernization chapter. In this regard, the Bioenergy Scheme 2010-2012 was launched earlier this year to provide support to farmers in establishing willow and miscanthus crops.

Direct Payment Schemes

Liz McManus

Question:

73 Deputy Liz McManus asked the Minister for Agriculture, Fisheries and Food when all land will be digitised for the single farm payment scheme and disadvantaged area scheme; and if he will make a statement on the matter. [40633/10]

Under the legislation governing the implementation of the Single Payment Scheme the Department must be informed of changes to land parcels details through the submission by farmers of maps. These are submitted as necessary by farmers where existing parcels are being altered or subdivided or where previously undeclared parcels are claimed. During the processing of the maps received the changes made by the applicants are re-digitised onto my Department’s Land Parcel Identification System. That task is highly technical and must be carried out to a very high standard to preserve the integrity of the system

This year has proven to a particularly challenging one from the point of view of keeping the Land Parcel Identification System up to date. By the time the processing of the 2010 applications is completed, it is expected that we will have processed and digitised maps received from over 70,000 farmers. This compares with a figure of 30,000 for 2009 and an average of 22,000 maps in recent years. On average each farmer submitted two maps with their 2010 application forms. It is for this reason, despite the allocation of additional resources, that the digitising of the maps submitted is taking a longer period than in previous years. I envisage that, given the extent of the task, all of the required digitising will be completed in early 2011.

Afforestation Programme

Jan O'Sullivan

Question:

74 Deputy Jan O’Sullivan asked the Minister for Agriculture, Fisheries and Food the initiatives being undertaken to promote farmer participation in forestry in view of the new opportunities presented by the emerging wood energy sector; and if he will make a statement on the matter. [40654/10]

I welcome the opportunities presented by the development of the wood energy sector. Wood fuel from Irish forests is a sustainable, renewable, carbon-neutral and indigenous source of energy and has significant potential to replace imported carbon emitting fossil fuels. Indeed, wood biomass is already making a significant contribution to Ireland's renewable energy targets. My Department operates a number of initiatives to promote farmer participation in forestry and to realise the opportunities presented by the emerging wood energy sector.

Farmer participation in forestry is supported and encouraged through a range of attractive financial incentives and supports. In 2010, some €116 million has been allocated for expenditure by my Department specifically in the forestry sector. The Afforestation Grant and Premium Scheme combines 100% grants for planting and attractive premiums payable for 20 years for farmers. My Department has already paid out over €70 million this year in annual forestry premiums to private forest owners, most of whom are farmers, and a further €20 million in planting grants.

My Department, in conjunction with Teagasc, has assisted in the formation of 16 forest owner producer groups. The primary purpose of these groups is to encourage farm forest owners to co-operate in the various aspects of forest management and in the marketing of the timber produced in order to achieve economies of scale. This support is aimed at increasing the supply of forest thinnings to, inter alia, local wood energy facilities.

My Department also undertakes significant promotional activities to encourage increased farmer participation in forestry. Funding is also provided to Teagasc who plays an important role in the development of forestry in Ireland through promotion, training and advice. Forestry Advisers at Teagasc offices run a number of training courses, information evenings and field days and provide free and independent advice on all aspects of forestry to farmers.

Tom Sheahan

Question:

75 Deputy Tom Sheahan asked the Minister for Agriculture, Fisheries and Food his views that areas approved by the national parks and wildlife service for afforestation are being refused by the forestry service for planting; and if he will make a statement on the matter. [40621/10]

My Department operates a wide-ranging consultation process in relation to applications for afforestation grant aid depending on the sensitivity of the application submitted. The National Parks and Wildlife Services is only one component of that process. Afforestation sites must be capable of producing a commercial crop of timber and, in many cases, while the site may be suitable environmentally it may not be eligible for grant aid.

Question No. 76 answered with Question No. 66.
Question No. 77 answered with Question No. 38.

Agri-Environment Options Scheme

Joan Burton

Question:

78 Deputy Joan Burton asked the Minister for Agriculture, Fisheries and Food the number of farmers who have been accepted into the agri-environment options scheme; when payments will be made; and if he will make a statement on the matter. [40626/10]

Some 6,000 letters of approval for participation in the scheme have now issued to applicants under the Agri-Environment Options Scheme. Comprehensive administrative and validation checks must be carried out on all applications to ensure eligibility and compliance with the terms and condition of the scheme before letters of approvals can issue, particularly in the case of those applications which required the submission of a Sustainable Management Plan. This represents the majority of 3,419 applicants who have not yet received a start date. I expect the administrative and validation process to be completed and all outstanding cases to be notified of the outcome of their application before the end of November, with successful applicants receiving a start date of 1st November, 2010.

Ruairí Quinn

Question:

79 Deputy Ruairí Quinn asked the Minister for Agriculture, Fisheries and Food the number of applications that have been approved under the agricultural environment options scheme for 2010; and if he will make a statement on the matter. [40637/10]

Some 6,000 letters of approval for participation in the scheme have now issued to applicants under the Agri-Environment Options Scheme. Comprehensive administrative and validation checks must be carried out on all applications to ensure eligibility and compliance with the terms and condition of the scheme before letters of approvals can issue, particularly in the case of those applications which required the submission of a Sustainable Management Plan. This represents the majority of 3,419 applicants who have not yet received a start date. I expect the administrative and validation process to be completed and all outstanding cases to be notified of the outcome of their application before the end of November, with successful applicants receiving a start date of 1st November, 2010.

Question No. 80 answered with Question No. 66.

Animal Welfare

Eamon Gilmore

Question:

81 Deputy Eamon Gilmore asked the Minister for Agriculture, Fisheries and Food the efforts being made to tackle the growing numbers of abandoned horses; and if he will make a statement on the matter. [40647/10]

My Department's statutory responsibility extends to the welfare and protection of farmed animals only i.e. animals normally bred or kept for the production of food or for use in or for the purpose of farming. Notwithstanding this, it is apparent from ongoing communications between officials of my Department and representatives of Local Authorities and Animal Welfare Organisations that there is an increasing risk of abandonment of horses.

The evidence indicates that horses are usually abandoned on waste lands/public roads etc and in such circumstances they become a matter for Local Authorities to address under the Control of Horses Act 1996. This Act contains a comprehensive range of measures to deal with problems relating to horses including the problem of abandonment and it assigns to local authorities the primary role for dealing with such horses. The Act contains provisions on the seizure and detention of stray horses, the confiscation of horses which stray repeatedly and the disposal of seized horses. If there are welfare or cruelty issues associated with abandoned horses, the Garda Siochana have powers to deal with such issues under the Protection of Animals Acts 1911 and 1965.

My Department provides some €2million per annum to Local Authorities to assist them in implementing the Control of Horses Act. Officials of my Department are continuing to work with Local Authority representatives on a protocol to improve implementation of the Control of Horses Act throughout the Local Authority areas. The protocol will look at those Local Authority areas where the Control of Horses Act has been working particularly well with a view to incorporating some of the best practices in other areas.

Mindful too of the valuable work being done by animal welfare organisations throughout the country and as a contribution towards the cost of their activities in the forthcoming year, I provided funding of €1.185 million to assist them in their work in 2010. I also urged those welfare organisations that have the capacity to deal with larger animals to consider placing greater resources in promoting horse welfare.

Food Industry

Arthur Morgan

Question:

82 Deputy Arthur Morgan asked the Minister for Agriculture, Fisheries and Food if his attention has been drawn to a report published by the Joint Committee on Enterprise, Trade and Innovation on creating jobs in the agri-food sector; if he has seen the recommendations of the report; the action he will take to implement the recommendations of the report; and if he will make a statement on the matter. [36182/10]

The Report of the Joint Committee on Enterprise, Trade and Innovation referred to by the Deputy analyses the business operating environment of the agri-food sector and makes recommendations within the overall theme of increasing employment in the sector.

The Report identifies the importance of the sector to the Irish economy, which is also the focus of the Food Harvest 2020 strategy for the development of agri-food, forestry and seafood sectors which I launched in July 2010. Food Harvest 2020 identifies growth prospects for the sectors, particularly on export markets if ‘smart, green, growth' strategies are pursued. I have already established a High Level Implementation Committee for the Food Harvest 2020 strategy, which I am chairing and which brings together all the key actors in the state development services and is action focused. I will consider the recommendations of the Joint Committee and bear them in mind in implementing actions to deliver on the ambitious targets set out in the Food Harvest 2020 report.

Food Harvest 2020

Johnny Brady

Question:

83 Deputy Johnny Brady asked the Minister for Agriculture, Fisheries and Food the progress that has been made in implementing the recommendations of Food Harvest 2020; and if he will make a statement on the matter. [40757/10]

The following are some of the actions which have been taken to date to progress the implementation of Food Harvest 2020:

I have established and am chairing the High Level Implementation Committee (HLIC). The HLIC consists of all the key actors on the state sector. Its function is to direct and take whatever actions are necessary to successfully implement Food Harvest 2020 and to act as a clearing house to steer any wider issues affecting the sector's development. It held its inaugural meeting on 16 September and the next meeting is scheduled for 10 November.

There have been ongoing meetings between my Department and various players in the industry including Teagasc, on particular aspects of this 2020 Strategy. This obviously feeds into the overall process.

To progress necessary commercial decisions on production trends, product mix, and processing capacity for the dairy sector, the Dairy Expansion Activation Group was established on 15 October. This group is to submit to the HLIC by end November, an initial 'road map' to deal with these issues.

State Body CEOs and senior Department officials are being assigned responsibility for progressing actions and are taking lead roles for those cross cutting issues which require collaboration to ensure ‘joined-up' state effort.

My Department's recent €10 million call for research proposals under its three public good programmes was focused by the 'Smart' 'Green' 'Growth' objectives of Food Harvest 2020.

These illustrate the main actions being taken to ensure effective implementation of this important national policy document, right across the full range of its 200 recommendations.

Agri-Environment Options Scheme

Denis Naughten

Question:

84 Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food his plans to extend the agri-environmental options scheme to new applicants in 2011; and if he will make a statement on the matter. [39783/10]

Further participation in the new Agri-environment Options Scheme as well as other scheme implementation and service delivery by my Department in the future will be considered in the context of the 2011 Budgetary process and the preparation by the Government of the 4 year Expenditure Programme".

Afforestation Programme

Seymour Crawford

Question:

85 Deputy Seymour Crawford asked the Minister for Agriculture, Fisheries and Food the number of hectares he expects will be planted in forestry this year; the number he intends to fund for the year 2011; the benefits, if any, planting these areas will give us in meeting our climate change commitments; if he has the capital available to meet his commitments; and if he will make a statement on the matter. [40535/10]

It is anticipated that planting in 2010 will be in the region of 7,000 hectares. Like all other State spending programmes the funding for the afforestation programme in 2011 is currently being considered as part of the Estimates process. I am well aware of the contribution forestry makes, through carbon sequestration, in meeting our climate change commitments. In 2008 Kyoto-eligible forests sequestered 2.75 million tonnes of carbon dioxide. The Government is committed to ensuring the continuation of the afforestation programme at a rate that maximises the use of available financial resources and that continues to contribute to our climate change commitments.

Question No. 86 answered with Question No. 56.

On-farm Investment Schemes

Ciaran Lynch

Question:

87 Deputy Ciarán Lynch asked the Minister for Agriculture, Fisheries and Food when the sheep handling and fencing scheme will be introduced; and if he will make a statement on the matter. [40631/10]

The Sheep Fencing/Mobile Handling Equipment Scheme opened for applications on 1 November 2010.

FÁS Training Programmes

Martin Ferris

Question:

88 Deputy Martin Ferris asked the Tánaiste and Minister for Education and Skills her plans to enter into bilateral agreements with other states such as Australia and Canada to enable apprentices to finish out their work experience abroad to enable them to qualify. [40797/10]

Under current apprenticeship rules, all apprentices are required to complete on-the-job assessments with a FÁS approved employer. However, under recognition of prior learning arrangements put in place by FÁS, apprentices not currently meeting the minimum on-the-job training period but with work experience from abroad can submit an application and portfolio of evidence to the FÁS Redundant Apprentice Accreditation Committee for assessment and with a view to the award of their Advanced Craft Certificate.

FÁS has been in contact with the relevant Canadian and Australian authorities with a view to supporting redundant apprentices seeking employment abroad. However, given the slowdown in the construction sectors in particular in Canada and Australia, it is understood that priority is being accorded to nationals of those countries in their respective labour markets.

Employment Support Services

Finian McGrath

Question:

89 Deputy Finian McGrath asked the Tánaiste and Minister for Education and Skills if she will support a matter (details supplied). [40853/10]

I refer the Deputy to the reply given to Parliamentary Question 39507/10 of 28 October 2010. As previously stated on 22nd October 2010 the European Commission announced its approval of an application from Ireland for European Globalisation Adjustment Fund (EGF) co-financing assistance in support of redundant workers formerly employed at the S R Technics aircraft maintenance facility at Dublin airport. The EGF application is for a total of Euros 11.46m of which the EU contribution sought is Euros 7.45m. The application remains to be approved by the Council of Ministers and the European Parliament.

Former S R Technics workers may avail of a wide range of supports for which EGF co-financing assistance has been sought including occupational guidance, training, educational opportunities and enterprise supports. An information event was held at the ALSAA complex in Dublin Airport on 20th October 2010 for redundant S R Technics workers to inform them of the supports being provided with anticipated EGF support. A large range of service providers were present and it is estimated that several hundred redundant workers attended the event.

The Department is currently seeking to complete a public procurement process to establish a national coordinator for EGF implementation, including for the S R Technics application. In the interim all State agencies and relevant educational bodies involved in service provision for redundant S R Technics workers are cooperating to ensure appropriate supports are being provided.

Residential Institutions Redress Scheme

Maureen O'Sullivan

Question:

90 Deputy Maureen O’Sullivan asked the Tánaiste and Minister for Education and Skills the reason she will not support the call for justice from those who were abused when placed by the State in foster homes; the reason this group is remaining outside the redress scheme; and her view on a case (details supplied). [40908/10]

The Redress Scheme was established in 2002 as an exceptional measure to address abuse in specified residential institutions and to quote the then Minister from the Second Stage Debate on the redress legislation "It is not, and was never intended to be, a panacea for every injustice committed on children". The inclusion of children abused in foster care was raised during the passage of the original legislation, however foster care settings were not included on the basis that there was no substantial evidence of widespread abuse in foster homes.

Following the publication of the Ryan Report in May 2009, there were a range of demands for the redress scheme to be extended, including demands to include foster care settings. The Government considered these demands and in its statement of 15th April last indicated that it did not propose to revise the arrangements.

Skills Development

Richard Bruton

Question:

91 Deputy Richard Bruton asked the Tánaiste and Minister for Education and Skills if there is any procedure where persons who have experience in caring within their family context can get the opportunity to receive recognition and formal training in such a way that they would be then certified as qualified to do similar work outside their own family setting. [40913/10]

Learning can take place in a wide variety of settings, potentially including family contexts. There is demand for assessment and recognition of such prior learning and training from individuals and learners who wish to receive an award or gain credit against a formal programme of education or training. The term 'Recognition of Prior Learning' refers to the process of recognition of the knowledge, skills and competence an individual learner has already acquired and is essential for the promotion of lifelong learning.

The Further Education and Training Awards Council (FETAC) has devised a set of guidelines to support their registered providers in the recognition of prior learning, in order to facilitate individuals who wish to receive recognition for learning and training that they have undertaken outside of the formal education sector. These guidelines are available on the FETAC website. A number of FETAC registered providers would give programmes in the care area and would use the FETAC guidelines in assessing and recognising any prior learning achieved.

Special Educational Needs

Brendan Howlin

Question:

92 Deputy Brendan Howlin asked the Tánaiste and Minister for Education and Skills, in view of the fact that there has been no change in the needs of children on the autistic spectrum in a school (details supplied) in County Wexford who were allocated special needs assistants on a 1:1 basis, the reason the allocation of SNAs for autistic children attending this school is to be reduced; if her attention has been drawn to the fact that without 1:1 SNA support, these children’s prospects of progressing to mainstream school may be jeopardised; if she will review and reverse this retrograde decision; and if she will make a statement on the matter. [40781/10]

As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and Special Needs Assistants (SNAs) to schools to support children with special educational needs. The NCSE operates within my Department's criteria in allocating such support.

The allocation for any school and any adjustments to that allocation depends on a number of factors such as the number of pupils with care/medical needs leaving, the number of new pupils and the changing needs of the pupils. While SNA posts may be allocated to schools in line with my Department's criteria, SNA posts may also be suppressed where a child may leave or move school, or may achieve a greater level of independence.

I am sure the Deputy will agree that at a time of constrained resources it is essential that we ensure that public resources, both staff and resources, are deployed as effectively as possible. Resources left in an area that are not in accordance with criteria mean public resources are not available for another deserving area.

The NCSE has introduced an appeals process whereby schools and parents, where appropriate, may seek to appeal the decision of a SENO in relation to the allocation of resources. Information regarding the appeals process is available on the NCSE's website at www.ncse.ie. It is open to a school to appeal a SENO's decision under this appeals process. I can assure the Deputy that supports will continue to be made available to schools which have enrolled pupils who qualify for such support and children with special educational needs will continue to have access to an appropriate education in line with my Department's policy.

Higher Education Grants

John Browne

Question:

93 Deputy John Browne asked the Tánaiste and Minister for Education and Skills the reason a person (details supplied) will not qualify for the top-up payment of a higher education grant. [40783/10]

To qualify for the special rate of grant, an applicant must qualify for the ordinary grant in respect of the 2009/10 academic year. In addition, total reckonable income must not exceed a specified amount, which is €22,308 in the 2008 tax year. Finally, on the operative date, 31st December 2008 for the 2009/10 academic year, the reckonable income must include one of the eligible long-term social welfare payments prescribed under the scheme.

An appeal was received in respect of the person referred to by the Deputy by my Department. Officials in my Department examined the student's appeal in detail and a response was issued to the candidate on the 14th of June 2010. My Department upheld the decision not to award the special rate of grant in this instance as the reckonable income exceeded the income limit of €22,308. The terms and conditions of the student grant schemes are applied impartially and accordingly, it is not possible to make an exception in an individual case.

Departmental Agencies

Fergus O'Dowd

Question:

94 Deputy Fergus O’Dowd asked the Tánaiste and Minister for Education and Skills when the annual report of FÁS was due; the reason for the delay; when it will be published; and if she will make a statement on the matter. [40799/10]

The FÁS Annual Report was received in my Department on 2 November. It will be submitted to Government in the near future and is expected to be published by the end of November.

School Curriculum

Paul Kehoe

Question:

95 Deputy Paul Kehoe asked the Tánaiste and Minister for Education and Skills if swimming lessons organised during school time by a primary school and paid for by a parent are a compulsory activity set by the Department; and if she will make a statement on the matter. [40804/10]

At primary level, the curriculum in Physical Education includes six broad strands featuring Athletics, Dance, Gymnastics, Games, Outdoor and adventure activities and Aquatics. While five of the strands are designed to be implemented each year where possible, the Aquatics strand is outlined for implementation at any level, depending on the availability of facilities in the area.

The Physical Education curricula at both primary and second level have been developed on the understanding that facilities available to schools vary. Consequently, they offer a level of flexibility that allows each individual school to design a programme that can be delivered using the resources and supports available to it. Where schools decide to provide pupils with swimming classes in school time, they are expected to fund them from resources already available to them. Under the Rules for National Schools, while voluntary contributions may be sought, no school may charge a fee as a condition of admission to an activity provided within school hours.

My Department does not provide specific grants to primary schools to fund swimming classes. At primary level, schools currently receive, in ancillary and capitation grants, at least €355 per student. Enhanced rates are payable for students who are members of the Travelling community or who have special educational needs. Primary schools may use this funding to support the implementation of the curriculum, including Physical Education.

Higher Education Grants

Martin Ferris

Question:

96 Deputy Martin Ferris asked the Tánaiste and Minister for Education and Skills if she will review the decision to reject an application for a grant in respect of a person (details supplied) in County Kerry. [40814/10]

The decision on eligibility for a student grant is a matter, in the first instance, for the relevant grant awarding authority i.e. the applicant's local authority or VEC. Where a grant application is refused, the reason for the refusal is given by the grant awarding authority. An applicant may appeal the decision to the relevant local authority or VEC. Where the grant awarding 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.

School Term

Finian McGrath

Question:

97 Deputy Finian McGrath asked the Tánaiste and Minister for Education and Skills her views on a proposal (details supplied). [40830/10]

The scheduling of school holiday periods at Christmas and Easter and mid-term breaks is agreed between the education partners under the auspices of the Teachers Conciliation Council. The Teachers Conciliation Council is the recognised forum for dealing with matters relating to pay and conditions of service of teachers. The parties to the forum include representatives of the managerial authorities of schools, the teacher unions and the Departments of Education & Skills and Finance.

The current agreement covers the school years 2008/9 to 2010/11. Discussions in regard to the arrangements for the school years 2011/12 to 2013/14 have recently commenced. My Department has received representations regarding the timing of the mid-term break and the date of Halloween. These have been raised with the group and will be taken into consideration during the discussions, as will the Deputy's proposal. When the arrangements for the forthcoming years have been finalised, schools will be notified by means of a Circular letter. The arrangements will also be available on my Department's website.

Schools Building Projects

Joanna Tuffy

Question:

98 Deputy Joanna Tuffy asked the Tánaiste and Minister for Education and Skills the position regarding the extension to a secondary school (details supplied) in County Meath; the target date for completion of this extension; the levels of funding for the extension; and if she will make a statement on the matter. [40837/10]

The project to which the Deputy refers is at an early stage of architectural planning. Officials from my Department have contacted the VEC requesting further information in relation to the most recent Design Team submission. Once these clarifications have been received, they will be assessed by the Technical staff in my Department. The further progression of this project will be considered in the context of my Department's multi-annual School Building and Modernisation Programme for 2011 and subsequent years. However, it is not possible to give a more indicative timeframe for the progression of the project to tender and construction at this time.

Joanna Tuffy

Question:

99 Deputy Joanna Tuffy asked the Tánaiste and Minister for Education and Skills the position regarding an application for a new school building for a school (details supplied) in County Meath; the reason for the delay in the commencement of work on this project; the expected completion date for this project; the level of funding for the new building; and if she will make a statement on the matter. [40838/10]

My Department considers that the provision of 24 classrooms plus appropriate ancillary accommodation will meet the needs of the school referred to by the Deputy. In accordance with the published criteria for large scale building projects, the project for this school has been assigned a Band 1 rating. 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 the project at this time.

Joanna Tuffy

Question:

100 Deputy Joanna Tuffy asked the Tánaiste and Minister for Education and Skills the reason for the delay in the granting of a permanent structure to a school (details provided) in County Meath; the time frame for the completion of a permanent structure for this school; and if she will make a statement on the matter. [40839/10]

I can confirm that the school to which the Deputy refers has applied to my Department for large scale capital funding for a new school building. In accordance with the published prioritisation criteria for large scale building projects, the project for this school has been assigned a band 2 rating. 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 the project at this time.

Special Educational Needs

Joanna Tuffy

Question:

101 Deputy Joanna Tuffy asked the Tánaiste and Minister for Education and Skills if there has been an instruction from the regional special educational needs organiser to reduce special needs assistance to fifth and sixth class pupils in County Meath; the level of reduction of special needs support on a school by school basis in County Meath, in tabular form; and if she will make a statement on the matter. [40840/10]

Joanna Tuffy

Question:

104 Deputy Joanna Tuffy asked the Tánaiste and Minister for Education and Skills if there has been a reduction in resource and learning support services in primary and post-primary schools in County Meath for the 2010-11 academic year; if she will provide a list of primary and post-primary schools in County Meath that have had a reduction in hours for special needs assistants and resource-learning support teachers; the number of schools in County Meath that have lost a special needs assistant for the 2010-11 academic year; and if she will make a statement on the matter. [40929/10]

I propose to take Questions Nos. 101 and 104 together.

As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and Special Needs Assistants (SNAs) to schools to support children with special educational needs. The NCSE operates within my Department's criteria in allocating such support. Additional teaching and SNA supports are allocated as necessary by the NCSE in line with my Department's policy to support children with special educational needs. Schools, which have enrolled pupils with special educational needs that are eligible for such support, apply to the NCSE for the allocation of the necessary resources.

I have arranged for the issue raised by the Deputy in relation to any instruction from the SENO in Meath to be forwarded to the NCSE for their attention and direct reply in this regard. The specific information requested by the Deputy in relation to County Meath is not readily available in my Department.

Higher Education Grants

Noel Ahern

Question:

102 Deputy Noel Ahern asked the Tánaiste and Minister for Education and Skills the regulation on reckonable income used in the assessment of third level grant applications; if car loans are normally regarded as an asset or as reckonable income or an asset in the assessment of grant applications and the rationale behind same; her views on the case of an application (details supplied) that was refused by Fingal County Council, who included the value of a car loan when they were calculating the family’s annual means; and if the applicant in question who received a grant for the 2009-10 college year can have their application refused when their family’s annual income including the value of car loan has actually decreased by more than 10% since this time last year. [40906/10]

The assessment of means under my Department's student grant schemes is based on gross income from all sources, with specified social welfare and Health Service Executive payments being excluded from the calculation. Under the schemes, reckonable income is defined as income from:

Employment/Pensions;

Self Employment/Farming;

Rent and income from Land/Property;

Deposit/Investment Accounts;

Maintenance Arrangements;

Gifts/Inheritances and Disposal of Assets and Rights;

Social Welfare in certain circumstances.

A car loan is not regarded as reckonable income and assets are not taken into account in determining eligibility under the schemes.

The decision on eligibility for a student grant is a matter, in the first instance, for the relevant grant awarding authority i.e. the applicant's local authority or VEC. Where a grant application is refused, the reason for the refusal is given by the grant awarding authority. An applicant may appeal the decision to the relevant local authority or VEC. Where the grant awarding 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.

Departmental Correspondence

Seán Ó Fearghaíl

Question:

103 Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Education and Skills if she will consider issues raised in correspondence (details supplied); and if she will make a statement on the matter. [40917/10]

A reply has issued from my Department to the correspondence referred to by the Deputy.

Question No. 104 answered with Question No. 101.

Schools Building Projects

Róisín Shortall

Question:

105 Deputy Róisín Shortall asked the Tánaiste and Minister for Education and Skills if officials from her Department have met with the Office of Public Works to progress the provision of a premises to a school (details supplied) in Dublin 11; and when this matter is likely to be finalised. [40930/10]

I refer to the reply to Question No. 132 of 19 October, 2010. The position as stated at the time remains unchanged.

Schools Recognition

Brian Hayes

Question:

106 Deputy Brian Hayes asked the Tánaiste and Minister for Education and Skills the position regarding an application (details supplied); and if she will make a statement on the matter. [40931/10]

In July 2008 Notifications of Intention to apply for recognition for two new primary schools in the area referred to by the Deputy were received by my Department from the patron body in question. A review of the procedures for the establishment of new primary schools is currently being carried out under the Commission on School Accommodation. In the interim it is not proposed to recognise any new primary schools, except in areas where the increases in pupil numbers cannot be catered for in existing schools and which require the provision of new schools. The Commission is due to report to me shortly at which time I will have to consider the policy matters and necessary arrangements and revised procedures that will need to be put in place.

The Forward Planning Section of my Department has carried out a study of the country to identify the areas where, due to demographic changes, there may be a requirement for significant additional school provision at both primary and post-primary levels over the coming years. The study indicated that the requirement for additional primary provision in the short to medium term is likely to be greatest in more than 40 identified locations across the country based on significant changes to the demographics of those areas. Part of the area referred to by the Deputy was included in these initial identified areas. The Forward Planning Section of my Department will continue to analyse demographic trends to determine the level of additional provision which will be required into the future. Overall school requirements in the area referred to will be considered in this context.

Departmental Expenditure

Brian Hayes

Question:

107 Deputy Brian Hayes asked the Tánaiste and Minister for Education and Skills if she will provide an itemised list of payments made to external solicitors and external barristers whose services were procured directly by the Department and by each agency and body under its aegis in the years 2007, 2008, 2009 and 2010; the reason for each such procurement; if such services were procured through competitive tendering processes in every instance; and if she will make a statement on the matter. [40938/10]

It is not possible to provide the information requested in the time available. A reply will issue to the Deputy as soon as the information is to hand.

Schools Building Projects

Paul Connaughton

Question:

108 Deputy Paul Connaughton asked the Tánaiste and Minister for Education and Skills if there is preparatory work being carried out on a new vocational school in Athenry, County Galway; if her attention has been drawn to the fact that this school has a total of 14 unsuitable prefabs based all over the site; if her further attention has been drawn to the fact that the original school was built to accommodate 350 students and in today’s circumstances is very much below standard; and if she will make a statement on the matter. [40958/10]

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

The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on the Department's website.

The Forward Planning Section of my Department has carried out a study of the country to identify areas where, due to demographic changes, there may be a requirement for significant additional school provision at both primary and post primary levels over the coming years up to and including the school year 2016/17. This study has been conducted using data from the Central Statistics Office, the General Register Office and the Department of Social & Family Affairs in addition to the recent schools' enrolment data. Consideration is currently being given to the means by which emerging needs will be met within areas of growth identified by Forward Planning Section including Athenry.

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

In the meantime, I am pleased to inform the Deputy that in May of this year I approved a significant devolved grant to the school authority to build 5 x 49 m2 mainstream classrooms to replace some of the existing prefabs at the school.

Special Educational Needs

Richard Bruton

Question:

109 Deputy Richard Bruton asked the Tánaiste and Minister for Education and Skills the position regarding the recognition of applied behavioural analysis schools for the education of children on the autistic spectrum; the position in relation to the pilot ABA schools that have been established by parents; and if she will make a statement on the matter. [40963/10]

The Deputy will be aware that the 2007 Programme for Government committed to the long-term funding for the centres in the ABA pilot scheme subject to agreement with my Department on standards that will enable them to be supported as primary schools for children with autism.

Agreement on transitional arrangements for the pilot centres was reached following a long process of discussions and engagement with the representative body of the pilot centres. Each of the centres has now applied for special school status. I am pleased to advise you that I have been able to respond positively to applications and all, but one, of the centres have now been granted recognition as special schools for children with autism. The application from the remaining centre is currently being processed.

Managers have been appointed by the Patrons to manage the transitional process from centre to special school. The schools have now advertised for the posts of Principal Teacher. As part of the transition process, my Department is arranging for training in a range of autism-specific interventions for the new Principals and Teachers once they have been appointed. In addition, training is being provided for the Managers and the new Boards of Management. It is my intention to continue to support the transitional process.

FÁS Training Programmes

John Deasy

Question:

110 Deputy John Deasy asked the Tánaiste and Minister for Education and Skills the number of persons in Waterford city and county who received an offer of training from FÁS in each of the years 2006, 2007 and 2008; and if she will make a statement on the matter. [40964/10]

John Deasy

Question:

112 Deputy John Deasy asked the Tánaiste and Minister for Education and Skills the number of persons who received an offer of training from FÁS nationally in each of the years from 2006 to 2009 and to date in 2010; and if she will make a statement on the matter. [40966/10]

I propose to take Questions Nos. 110 and 112 together.

The information requested could not be produced within the timeframe concerned. The information is currently being researched by FÁS and it is anticipated that this information will be produced by the end of the week. As soon as the information requested becomes available, FÁS will reply directly to the Deputy.

John Deasy

Question:

111 Deputy John Deasy asked the Tánaiste and Minister for Education and Skills the number of persons in Waterford city and county who received job placements from FÁS in each of the years 2006, 2007 and 2008; and if she will make a statement on the matter. [40965/10]

John Deasy

Question:

113 Deputy John Deasy asked the Tánaiste and Minister for Education and Skills the number of persons who received job placements from FÁS nationally in each of the years from 2006 to 2009 and to date in 2010; and if she will make a statement on the matter. [40967/10]

I propose to take Questions Nos. 111 and 113 together.

The information requested could not be produced within the timeframe concerned. The information is currently being researched by FÁS and it is anticipated that this information will be produced by the end of the week. As soon as the information requested becomes available, FÁS will reply directly to the Deputy.

Question No. 112 answered with Question No. 110.
Question No. 113 answered with Question No. 111.

Schools Building Projects

Ruairí Quinn

Question:

114 Deputy Ruairí Quinn asked the Tánaiste and Minister for Education and Skills if the funding for a building project for a school (details supplied) in Dublin 8 has been approved; if her attention has been drawn to the fact that this school operates out of prefabricated classrooms which are no longer fit for purpose; when she expects construction to commence; and if she will make a statement on the matter. [40968/10]

I can confirm that the school to which the Deputy refers applied to my Department for large scale capital funding for a school building project to provide additional accommodation. In accordance with the published criteria for large scale building projects, the project for this school has been assigned a Band 2 rating. 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 for the school in question at this time.

Niall Collins

Question:

115 Deputy Niall Collins asked the Tánaiste and Minister for Education and Skills the position regarding the schools under construction for the State in Kildare and in Athboy, County Meath, by a contractor (details supplied) who has now ceased trading; if the contracts will be assigned to a new contractor to complete the building projects; if all outstanding creditors will be paid when these contracts are assigned; and if she will make a statement on the matter. [40975/10]

Kildare Town Community School and Athboy Community School are 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 and Gaelscoil Bantry, Co. Cork, Abbeyfeale Community College, Co. Limerick, Wicklow Town Community College.

The Macquarie Partnership for Ireland (MPFI) consortium was awarded the contract for the delivery of the 6 schools in early June 2010 and construction works commenced immediately. Under the contract all schools are due to be completed in late 2011. The contract provides that should there be any difficulties in relation to a contractor being unable to continue the consortium must make alternative arrangements to deliver the schools. I understand that the National Development Finance Agency is in consultation with the consortium on this matter and arrangements are already in place to provide for the continuation of the construction of the schools.

As you are aware the High Court appointed an interim Examiner to the contractor in question on Tuesday 12th October, 2010 and I understand that the contractor is continuing to trade while in interim examinership. The responsibility for the management of issues which may arise in connection with the delivery of the schools in this bundle rests with Macquarie Partnerships for Ireland.

Niall Collins

Question:

116 Deputy Niall Collins asked the Tánaiste and Minister for Education and Skills if any further new secondary school building projects will be offered to the market as part of a public private partnership bundle; and if she will make a statement on the matter. [40980/10]

As the Deputy may be aware the 3rd bundle of primary/post-primary schools to be delivered under my Department's Public Private Partnership (PPP) programme was offered to the market in early August 2010. This bundle comprises seven post-primary and one primary school.

The eight schools are Coláiste Ailigh, Letterkenny, Co Donegal, Ballinamore Community School, Co Leitrim, Doughiska Community College, Co Galway, new post-primary school Gorey, Co Wexford, Tramore Secondary School, Co Waterford, Athlone Community College, Co Westmeath, Doon /Cappamore Secondary School, Co Limerick and a new primary school in Doughiska Co. Galway. The 1st bundle of 4 PPP schools became operational in September 2010 and the 2nd Bundle of 8 schools is currently in construction.

While I have no immediate plans to announce any further bundles, my Department will continue to assess the potential to utilising PPPs as one of the methods of procurement for the delivery of new school buildings at both primary and post-primary levels.

Higher Education Grants

Paul Kehoe

Question:

117 Deputy Paul Kehoe asked the Tánaiste and Minister for Education and Skills if any assistance is available towards the cost of tuition fees in respect of a person (details supplied) who is receiving the back to education allowance and is therefore not entitled to a higher education grant; and if she will make a statement on the matter. [40986/10]

From September 2010, as announced in the last Budget, all new applicants who are in receipt of the Back to Education Allowance are ineligible for student maintenance grants. However, the cost of the student services charge and any fees payable to colleges will continue to be met, for eligible students, by the Exchequer on their behalf. Students should apply to their assessing authority, i.e. their local authority or Vocational Education Committee, to have their eligibility assessed.

Students who were in receipt of the BTEA and the maintenance grant for the 2009/10 academic year will continue to be eligible for both payments for the duration of their current course provided they meet the terms and conditions of the relevant grant scheme. Students progressing to a new course, with effect from 2010/11, will no longer be eligible for student maintenance grants but can apply to their local authority or Vocational Education Committee for assistance towards the cost of the student services charge and any fees payable.

Site Acquisitions

Joanna Tuffy

Question:

118 Deputy Joanna Tuffy asked the Tánaiste and Minister for Education and Skills the school sites purchased by the Department of Education and Skills in Waterford between 2005 and 2008; the price paid for each site, the address and location of each site, and the name of the vendor of each site in tabular form; and if she will make a statement on the matter. [40987/10]

The details of the sites acquired by my Department between 2005 and 2008 in County Waterford are provided below. The Deputy might wish to note that due to a typographical error in an earlier reply to Questions Nos. 227, 229 and 231 of 29 September 2010, this spreadsheet contains the corrected information in relation to the property acquired at Dromin Woodtown, Co. Waterford.

Sites Acquired by Department of Education and Skills from 1 January 2005 to 31 December 2008 in County Waterford

County

Site Location

School

Roll No.

Size (ac)

Sale Closed

Cost

Vendor

Waterford

Tramore

Amalgamation of CBS Tramore 64923 & Stella Maris Secondary School 64922

91,520

14.1a

2006

€4,117,200.00

Michael Morrissey, Manor House, Priests Road, Tramore, Co. Waterford

Waterford

Dromin Woodtown

Property known as Rosminians School

N/A

1.08a

2005

€711,053.32

Very Rev. Joseph O’Reilly, Rosminian Fathers, Grace Park Gardens, Drumcondra, Dublin

Tax Code

Noel Ahern

Question:

119 Deputy Noel Ahern asked the Minister for Finance the tax relief available to parents who wish their older schoolgoing daughters to be protected by the HPV vaccine; and if he will make a statement on the matter. [40896/10]

The position is that where the human papillomavirus (HPV) vaccine or cervical cancer vaccination is provided by a practitioner, defined as a person registered in the register established under section 43 of the Medical Practitioners Act 2007, then the expenditure incurred in relation to the advice and treatment provided would qualify for health expenses relief under section 469 of the Taxes Consolidation Act 1997. Section 469 of the Taxes Consolidation Act 1997 defines 'health care' as the prevention, diagnosis, alleviation or treatment of an ailment, injury, defect or disability, and includes care received by a woman in respect of a pregnancy. Similarly "health expenses" means expenses in respect of the provision of health care, being expenses representing the cost of:

services of a practitioner,

diagnostic procedures carried out on the advice of a practitioner,

Maintenance or treatment in a hospital, or

drugs or medicines supplied on the prescription of a practitioner.

Health expenses relief is available for expenditure incurred in relation to the claimant and any other person whose expenses they are meeting.

EU Solidarity Fund

Tom Hayes

Question:

120 Deputy Tom Hayes asked the Minister for Finance the amount of the funding received from the European Solidarity Fund that has been spent to date; the projects to which this money has been allocated; and if he will make a statement on the matter. [40745/10]

The total direct costs arising from the floods in late 2009 were estimated to amount to €520.9 million. Of this, €276.9 million related to costs to the State with the remaining €244 million euro consisting of damage to private infrastructure (residential property, commercial property, and motor vehicles) which was covered by private insurance. My Department made an application to the EU Commission for funding under the EU Solidarity Fund based on costings of damage received from Departments and local authorities. A regional application was made as the estimate of the extent of the damage does not meet the Solidarity Fund's threshold of 0.6% of GNI or €935.5 million euro for a national disaster.

A total of €111.5 million euro of the €276.9 million cost to the State was eligible for assistance under the EU Solidarity Fund criteria or 21.4% of total direct costs. This included damage to roads, infrastructure, the provision of temporary accommodation and the costs incurred by the rescue services.

The Commission informed the Department on 14 September 2010 that it is proposing financial aid amounting to €13.02 million in response to Ireland's application to the EU Solidarity Fund. This amount will now have to be confirmed by the European Parliament and the European Council by way of an amending budget procedure.

The funds received will be used to recoup in part the significant expenditure incurred by the State in responding to the emergency. As soon as the budget appropriations become available, consultation will begin with the relevant Departments and local authorities to determine how the money will be paid out.

Planning Applications

Lucinda Creighton

Question:

121 Deputy Lucinda Creighton asked the Minister for Finance the reason for a planning application in the name of the Commissioners of Public Works in Ireland at a location (details supplied) in Dublin 2; if he will outline the proposed development and any associated costs; and if he will make a statement on the matter. [40784/10]

The Commissioners of Public Works agreed to process an application for planning permission under the terms of the Planning and Development Regulations 2001 to refurbish the interior of 2 Lower Pembroke Street on behalf of the One Family Agency. The estimated construction cost for the refurbishment is €280,000.00 plus VAT.

Tax Code

Michael Creed

Question:

122 Deputy Michael Creed asked the Minister for Finance if he will oblige financial institutions which are financing private construction industry projects to seek the tax clearance and subcontractor certificates of contractors involved in these projects before releasing funds, as an effort to eliminate the black economy from the construction sector; and if he will make a statement on the matter. [40787/10]

The primary purpose of the tax clearance process, as operated by the Office of the Revenue Commissioners, is to ensure that persons who are in receipt of contracts or grants, subsidies and other payments from the State, or who derive an economic benefit from a licence or permit to conduct certain activities in the State, are in compliance with their tax obligations. In relation to the specific proposal that the banks seek tax clearance and subcontractor certificates before releasing funds for construction projects, this would potentially lead to delays in the flow of funds to business. Construction projects would cover a very large range of activities from large construction projects, commercial and residential, to small extensions and in many cases at the time of the drawdown of the funds the borrower may not have identified all of the specific contractors and subcontractors that will be employed in the work. In any event, hidden economy activity might be paid out of the borrowers' own resources.

However, the issue of the black or hidden economy continues to be of great concern, and I am informed by the Revenue Commissioners that specific measures are being implemented to tackle such issues in the construction sector, particularly in recent times in relation to one-off housing and self-builds. Revenue and the Department of Social Protection are working closely together and both organisations will include, in their priorities for 2011, actions specifically directed at mitigating hidden economy activity.

Currently Revenue has many initiatives in place to tackle hidden economy activity in the sector. These measures include: -

Liaison with industry representative bodies to identify hidden economy trends.

An ongoing focus on hidden economy activities by the Hidden Economy Monitoring Group.

Liaising and sharing information with other relevant Departments and carrying out joint investigations where appropriate.

In addition, Revenue may also monitor the registration of contractors through the revised Form RCT 1 process, carry out unannounced visits to one-off housing and self-builds and examine planning applications. It also has a central non-resident unit based in Dublin to deal with all non-resident cases. Revenue uses confidential information and local intelligence to target suspect sites. This approach is most effective and anyone with information on hidden economy activity can report their concerns to their local, or indeed any, Revenue office. The Revenue Commissioners are continuing also to tackle the problem of the hidden economy through their routine audit and compliance activity.

Departmental Staff

Joan Burton

Question:

123 Deputy Joan Burton asked the Minister for Finance the total number of whole-time equivalent staff serving in each Department or agency at certain grades (details supplied) at 30 September 2010; the equivalent numbers at the same date for each of the past five years; and if he will make a statement on the matter. [40819/10]

The number of civil servants serving (whole time equivalent) in the requested grades for each of the past five years is set out in the format requested by the Deputy in the attachments. This data is based on the latest information supplied by Departments and Offices to my Department.

Grade Title

2006

2007

2008

2009

2010

Dec

Sep

Sep

Sep

Sep

Secretary General

17.00

17.00

17.00

17.00

17.00

Secretary General Equivalent

18.00

18.00

18.00

17.00

17.00

Deputy Secretary Total

3.00

2.00

2.00

2.00

1.00

Assistant Secretary Total

144.00

146.00

154.00

150.00

138.00

Principal Total

371.45

381.55

433.55

414.65

368.90

Principal Higher Total

339.55

358.20

364.40

336.90

302.00

Assistant Principal Total

1,243.65

1,255.32

1,369.11

1,331.15

1,228.12

Assistant Principal Higher Total

728.14

752.47

778.18

751.01

675.63

HEO Higher Total

889.16

853.00

818.01

874.76

898.79

HEO Total

2,138.68

2,228.64

2,407.10

2,380.22

2,183.51

EO Higher Total

1,032.57

994.51

960.50

1,065.13

1,119.22

EO Total

3,504.73

3,705.77

3,957.99

3,824.29

3,584.42

SO Total

1,438.07

1,424.87

1,487.18

1,502.06

1,494.45

CO Total

10,564.85

11,000.63

11,335.64

10,735.85

10,512.26

Total

22,432.85

23,137.96

24,102.66

23,402.02

22,540.30

The above data does not include the National Gallery, CPSA, Prisons and Foreign Affairs local recruits serving abroad. In addition the grade of Secretary General in the above table also inlcudes Grades paid at Secretary General level. September data is not available for 2006.

December 2006

Secretary General Total

Deputy Secretary Total

Assistant Secretary Total

PO Total

Principal Higher Total

AP Total

AP Higher Total

HEO Higher Total

HEO Total

EO Higher Total

EO Total

SO Total

CO Total

Total

Total

17.00

3.00

144.00

371.45

339.55

1,243.65

728.14

889.16

2,138.68

1,032.57

3,504.73

1,438.07

10,564.85

22,414.85

Agriculture, Fisheries & Food

1.00

.00

10.00

24.00

8.00

95.00

19.60

80.43

158.36

103.25

297.83

134.15

1,150.23

2,081.85

Attorney General

.00

.00

.00

.00

1.00

3.00

2.00

2.00

3.00

3.00

4.00

7.00

32.20

57.20

Central Statistics Office

.00

.00

.00

2.00

1.00

15.30

3.40

20.00

45.30

34.90

95.82

34.70

373.58

626.00

Chief State Solicitor

.00

.00

.00

.00

.00

.00

2.00

2.00

3.00

2.60

6.50

9.90

56.90

82.90

Communications Energy & Nat. Resources

1.00

1.00

4.00

16.00

6.00

39.18

10.00

20.90

43.15

21.72

58.50

4.50

98.93

324.88

Community, Equality & Gaeltacht Affairs

1.00

.00

2.00

10.00

7.00

25.30

9.00

16.00

35.90

19.10

33.83

2.00

70.43

231.56

Comptroller & Auditor General

.00

.00

.00

.00

.00

.00

.00

.00

.00

1.00

1.50

1.00

5.00

8.50

Courts Service

.00

.00

3.00

18.40

19.00

81.70

34.10

41.03

118.93

43.60

162.09

20.00

327.32

869.17

Defence

1.00

.00

1.00

8.80

4.00

28.00

3.00

16.73

33.50

22.10

42.05

31.80

138.63

330.61

Director Of Public Prosecutions

.00

.00

.00

.00

1.00

3.00

3.00

4.00

3.50

3.30

9.80

5.00

51.90

84.50

Education Group

1.00

.00

7.00

28.60

8.50

64.10

16.50

47.80

116.23

77.72

240.92

52.56

419.12

1,080.05

Enterprise Group

1.00

.00

8.00

37.75

12.60

65.08

30.35

31.93

98.00

41.70

188.03

39.63

314.27

868.34

Environment Heritage & Local Government

1.00

.00

6.00

28.80

11.00

79.93

29.33

38.33

89.40

41.73

128.30

26.33

204.71

684.86

Finance

2.00

.00

10.00

1.00

54.90

13.00

153.30

40.63

45.28

24.50

20.30

32.60

113.23

510.74

Foreign Affairs Group

1.00

.00

33.00

16.00

7.00

48.80

36.00

16.70

46.00

20.90

80.30

37.60

443.30

786.60

Garda Civilians

.00

.00

.00

3.00

1.00

5.50

2.00

8.00

11.00

10.00

24.00

143.23

825.48

1,033.21

Health & Children

2.00

.00

9.00

23.30

11.00

78.10

24.40

31.93

65.00

25.73

82.60

17.66

156.21

526.93

Justice & Law Reform Total

1.00

.00

12.00

38.60

30.00

111.43

34.70

60.20

143.43

66.03

274.11

27.53

803.60

1,602.63

Office Of Public Works

.00

.00

.00

7.80

8.00

23.80

22.50

22.80

52.39

18.40

70.38

21.70

113.63

361.40

Oireachtas

.00

.00

1.00

3.00

4.00

.00

2.00

2.00

5.00

.00

5.00

5.00

72.01

99.01

Ombudsman

.00

.00

.00

3.00

2.00

11.10

4.50

3.00

6.00

2.00

7.73

1.00

18.40

58.73

Presidents Establishment

1.00

.00

.00

.00

1.00

1.00

1.00

1.80

1.50

.00

3.73

1.40

8.00

20.43

Property Registration Authority

.00

.00

.00

3.00

3.00

18.70

8.80

18.00

38.85

37.80

120.65

26.60

225.70

501.10

Public Appointments Service

.00

.00

1.00

2.00

2.00

7.00

2.00

6.90

10.90

5.70

17.80

10.10

66.70

132.10

Revenue Commissioners

.00

1.00

14.00

29.00

95.80

196.43

162.93

120.60

484.38

153.30

920.40

239.83

2,009.56

4,427.23

Social Protection

1.00

1.00

5.00

39.80

14.75

159.50

53.80

188.35

394.75

205.89

477.83

459.65

2,195.28

4,196.60

State Laboratory

.00

.00

.00

.00

.00

1.00

.00

.00

1.00

.00

.00

2.50

5.80

10.30

Taoiseach

.00

.00

8.00

6.00

15.00

9.40

25.53

10.50

19.42

8.10

24.00

11.30

54.60

191.85

Tourism, Culture & Sport

1.00

.00

3.00

5.00

5.00

12.40

9.60

6.80

11.00

8.50

24.50

4.00

37.70

128.50

Transport

1.00

.00

6.00

14.60

6.00

43.90

21.80

26.90

49.51

24.10

69.43

15.70

163.03

441.97

Valuation Office

.00

.00

1.00

2.00

.00

3.00

1.00

2.90

5.00

5.90

12.80

12.10

9.40

55.10

The Above Data Does Not Include The National Gallery, Cpsa, Prisons And Foreign Affairs Local Recruits Serving Abroad September Data Is Not Available For 2006.

September 2007

Secretary General Total

Deputy Secretary Total

Assistant Secretary Total

PO Total

PO Higher Total

AP Total

AP Higher Total

HEO Higher Total

HEO Total

EO Higher Scale Total

EO Total

SO Total

CO Total

Total

Total

17.00

2.00

146.00

381.55

358.20

1,255.32

752.47

853.00

2,228.64

994.51

3,705.77

1,424.87

11,000.63

23,119.96

Agriculture, Fisheries & Food

1.00

.00

10.00

20.60

10.00

96.10

27.60

73.03

171.56

96.55

316.43

120.45

1,144.95

2,088.27

Attorney General

.00

.00

1.00

.00

2.00

3.00

3.00

2.00

6.00

2.00

6.50

6.60

33.20

65.30

Central Statistics Office

.00

.00

1.00

2.00

1.00

18.30

2.60

22.00

42.80

38.60

91.92

22.80

310.13

553.15

Chief State Solicitor

.00

.00

.00

1.00

.00

.00

1.00

2.00

3.00

1.90

7.30

10.80

51.50

78.50

Communications Energy & Nat. Resources

1.00

1.00

4.00

13.00

6.00

42.28

7.00

19.70

45.60

19.92

67.80

7.00

96.71

331.01

Community, Equality & Gaeltacht Affairs

1.00

.00

3.00

10.00

7.00

28.10

9.00

17.00

37.43

19.30

31.96

4.00

70.43

238.22

Comptroller & Auditor General

.00

.00

.00

.00

.00

.00

.00

.00

.00

1.00

2.50

1.00

4.00

8.50

Courts Service

.00

.00

3.00

22.60

18.80

80.39

33.10

38.33

116.00

42.20

183.03

18.89

332.06

888.40

Defence

1.00

.00

2.00

9.90

4.00

29.00

4.00

14.73

33.10

22.60

45.18

33.30

146.30

345.11

Director Of Public Prosecutions

.00

.00

.00

.00

1.00

3.00

3.00

4.00

4.30

2.80

8.30

6.00

54.50

86.90

Education Group

1.00

.00

7.00

29.60

9.50

68.40

15.50

39.80

117.73

83.25

235.92

52.16

439.75

1,099.61

Enterprise Group

1.00

.00

9.00

36.75

12.60

64.53

31.95

30.33

101.80

41.30

197.10

43.13

344.59

914.08

Environment Heritage & Local Government

1.00

.00

6.00

25.80

11.00

78.26

30.33

33.50

103.96

35.00

139.10

25.13

198.14

687.22

Finance

2.00

.00

10.00

1.00

58.70

12.00

152.30

40.73

44.28

22.10

19.30

33.60

119.69

515.70

Foreign Affairs Group

1.00

.00

33.00

18.00

7.00

53.50

39.10

17.90

49.35

24.90

92.50

41.70

548.05

926.00

Garda Civilians

.00

.00

.00

4.00

1.00

6.50

7.00

7.00

19.60

9.00

25.00

146.16

1,077.11

1,302.37

Health & Children

1.00

.00

8.00

26.30

16.00

64.00

36.90

31.13

67.90

24.53

71.23

17.03

146.24

510.26

Justice & Law Reform Total

1.00

.00

12.00

38.80

37.00

110.43

37.70

54.75

155.43

52.31

356.04

30.03

830.62

1,716.11

Office Of Public Works

.00

.00

.00

7.80

8.00

23.00

21.90

22.00

55.36

22.50

69.73

18.93

130.63

379.85

Oireachtas

.00

.00

1.00

3.00

4.00

.00

1.60

2.00

6.00

.00

12.00

6.00

78.01

113.61

Ombudsman

.00

.00

.00

3.00

1.00

10.90

4.50

2.00

6.00

3.00

7.73

1.00

20.40

59.53

Presidents Establishment

1.00

.00

.00

.00

1.00

1.00

2.00

1.00

2.50

.00

3.73

2.00

6.00

20.23

Property Registration Authority

.00

.00

.00

3.00

3.00

22.40

8.80

20.10

43.35

41.75

119.65

22.70

267.13

551.88

Public Appointments Service

.00

.00

1.00

2.00

1.00

5.00

2.00

6.50

11.90

6.00

16.60

12.90

68.50

133.40

Revenue Commissioners

.00

1.00

14.00

33.00

95.60

212.93

163.13

120.00

493.86

148.18

972.58

238.50

2,032.73

4,525.51

Social Protection

1.00

.00

5.00

38.80

17.00

154.90

53.00

189.25

401.90

189.89

495.30

454.26

2,235.04

4,235.34

State Laboratory

.00

.00

.00

.00

.00

1.00

.00

.00

1.00

.00

.00

2.50

5.80

10.30

Taoiseach

1.00

.00

6.00

7.00

13.00

13.40

22.53

11.02

25.80

6.90

22.10

14.10

51.10

193.95

Tourism, Culture & Sport

1.00

.00

3.00

6.00

6.00

12.40

11.40

6.80

13.00

11.50

21.50

5.00

40.70

138.30

Transport

1.00

.00

6.00

16.60

6.00

37.60

19.53

22.40

43.33

18.40

55.74

15.30

108.22

350.12

Valuation Office

.00

.00

1.00

2.00

.00

3.00

1.00

2.00

4.80

7.13

12.00

11.90

8.40

53.23

The Above Data Does Not Include The National Gallery, Cpsa, Prisons And Foreign Affairs Local Recruits Serving Abroad.

September 2008

Secretary General Total

Deputy Secretary Total

Assistant Secretary Total

PO Total

PO Higher Total

AP Total

AP Higher Total

HEO Higher Total

HEO Total

EO Higher Total

EO Total

SO Total

CO Total

Total

Total

17.00

2.00

154.00

433.55

364.40

1,369.11

778.18

818.01

2,407.10

960.50

3,957.99

1,487.18

11,335.64

24,084.66

Agriculture, Fisheries & Food

1.00

.00

11.00

25.60

12.00

109.50

29.60

68.10

186.22

102.27

337.59

120.21

1,141.67

2,144.76

Attorney General

.00

.00

1.00

.00

2.00

3.00

3.00

3.00

7.00

1.00

5.50

4.60

32.70

62.80

Central Statistics Office

.00

.00

2.00

2.00

1.00

18.20

2.60

20.90

43.40

32.20

100.13

17.60

304.75

544.78

Chief State Solicitor

.00

.00

.00

1.00

.00

2.00

1.00

1.00

5.80

1.50

11.40

8.90

55.90

88.50

Communications Energy & Nat. Resources

1.00

1.00

3.00

15.00

3.00

34.98

4.00

11.30

31.20

14.18

36.70

3.10

55.10

213.56

Community, Equality & Gaeltacht Affairs

1.00

.00

3.00

11.00

7.00

28.10

9.60

13.50

37.73

17.00

37.06

4.00

69.93

238.92

Comptroller & Auditor General

.00

.00

.00

.00

.00

.00

.00

.00

.00

1.00

2.50

1.00

6.80

11.30

Courts Service

.00

.00

3.00

22.80

19.80

81.90

40.69

40.63

107.20

49.20

173.53

19.33

322.04

880.12

Defence

1.00

.00

2.00

10.50

4.00

29.60

5.50

15.53

37.90

22.50

49.18

33.50

145.48

356.69

Director Of Public Prosecutions

.00

.00

.00

.00

1.00

3.60

3.00

4.00

6.30

1.60

9.10

6.00

50.80

85.40

Education Group

1.00

.00

8.00

40.60

9.60

83.70

16.13

33.30

134.00

72.62

249.18

55.76

489.81

1,193.70

Enterprise Group

1.00

.00

9.00

37.75

13.80

67.43

31.15

33.23

115.40

44.20

225.80

45.03

354.18

977.97

Environment Heritage & Local Government

1.00

.00

6.00

33.80

10.80

85.26

22.90

26.93

111.36

29.00

124.60

15.13

160.16

626.94

Finance

2.00

.00

11.00

3.00

54.40

12.00

150.85

37.93

50.51

22.60

23.70

30.60

103.16

501.75

Foreign Affairs Group

1.00

.00

35.00

17.00

6.00

53.50

34.20

19.55

47.80

20.50

104.70

41.60

504.90

885.75

Garda Civilians

.00

.00

.00

3.00

2.00

5.50

9.00

10.00

49.10

9.30

69.26

181.83

1,320.15

1,659.14

Health & Children

1.00

.00

8.00

26.80

14.40

69.10

32.90

26.96

64.70

19.00

73.40

10.40

107.36

454.02

Justice & Law Reform Total

1.00

.00

14.00

58.80

40.00

167.83

39.50

46.45

199.22

45.31

445.29

36.23

917.18

2,010.81

Office Of Public Works

.00

.00

.00

6.80

10.00

23.80

25.90

18.40

52.94

22.80

77.13

21.10

134.43

393.30

Oireachtas

.00

.00

1.00

10.50

3.00

1.00

1.00

.00

.00

.00

15.00

3.80

78.81

114.11

Ombudsman

.00

.00

.00

4.00

2.00

17.63

5.00

3.00

6.80

3.00

10.73

1.00

25.60

78.76

Presidents Establishment

1.00

.00

.00

.00

1.00

1.00

2.00

2.00

.50

.00

3.00

5.00

3.60

19.10

Property Registration Authority

.00

.00

.00

3.00

3.00

20.40

8.90

19.65

44.10

41.27

132.58

25.60

227.40

525.90

Public Appointments Service

.00

.00

1.00

2.00

1.00

4.50

2.00

7.50

11.63

3.60

15.50

14.10

64.63

127.46

Revenue Commissioners

.00

.00

14.00

30.00

97.60

223.08

185.03

130.30

545.54

147.28

1,000.63

241.27

2,086.71

4,701.44

Social Protection

1.00

1.00

5.00

40.80

19.00

159.20

51.40

183.75

404.40

194.44

496.84

489.66

2,309.84

4,356.33

State Laboratory

.00

.00

.00

.00

.00

1.00

.00

1.00

1.00

.00

.00

2.40

5.30

10.70

Taoiseach

1.00

.00

7.00

6.00

11.00

14.60

20.00

9.60

25.90

6.70

21.90

14.83

51.90

190.43

Tourism, Culture & Sport

1.00

.00

3.00

4.00

4.00

13.90

9.50

5.60

15.00

9.70

18.53

2.00

38.60

124.83

Transport

1.00

.00

6.00

15.80

12.00

30.80

30.83

23.40

59.65

21.40

76.53

19.50

152.75

449.66

Valuation Office

.00

.00

1.00

2.00

.00

3.00

1.00

1.50

4.80

5.33

11.00

12.10

14.00

55.73

The Above Data Does Not Include The National Gallery, Cpsa, Prisons And Foreign Affairs Local Recruits Serving Abroad.

Setember 2009

Secretary General Total

Deputy Secretary Total

Assistant Secretary Total

Principal Total

Principal Higher Total

AP Total

AP Higher Total

HEO Higher Scale

HEO Total

EO Higher Total

EO Total

SO Total

CO Total

Total

Total

17.00

2.00

150.00

414.65

336.90

1,331.15

751.01

874.76

2,380.22

1,065.13

3,824.29

1,502.06

10,735.85

23,385.02

Agriculture, Fisheries & Food

1.00

.00

9.00

25.60

11.00

104.80

27.00

76.99

169.93

110.37

314.26

101.01

1,029.91

1,980.87

Attorney General

.00

.00

1.00

.00

1.00

3.00

3.00

2.00

6.00

1.00

7.00

3.00

33.60

60.60

Central Statistics Office

.00

.00

2.00

3.00

1.00

16.87

5.00

24.10

36.20

34.71

94.90

12.43

257.24

487.45

Chief State Solicitor

.00

.00

.00

1.00

.00

2.00

1.80

.00

5.80

.50

12.30

9.40

53.90

86.70

Communications Energy & Nat. Resources

1.00

1.00

3.00

14.00

5.00

30.19

9.00

11.70

27.50

13.23

34.70

2.00

49.60

201.92

Community, Equality & Gaeltacht Affairs

1.00

.00

3.00

11.00

5.80

24.80

9.00

15.00

34.83

12.80

37.06

3.40

59.43

217.12

Comptroller & Auditor General

.00

.00

.00

.00

.00

.00

.00

.00

.00

.00

3.50

1.00

4.80

9.30

Courts Service

.00

.00

5.00

19.80

18.80

78.80

37.90

36.63

109.75

45.40

173.33

18.23

293.76

837.40

Defence

1.00

.00

2.00

9.50

4.00

29.60

5.40

13.83

37.90

21.70

47.88

30.90

128.00

331.71

Director Of Public Prosecutions

.00

.00

.00

.00

1.00

4.00

3.00

4.00

5.80

3.80

7.50

6.00

49.20

84.30

Education Group

1.00

.00

8.00

41.60

8.60

88.70

16.80

34.20

130.10

74.92

238.14

55.66

419.41

1,117.13

Enterprise Group

1.00

.00

10.00

36.75

11.00

63.00

29.00

41.36

113.90

55.73

197.50

33.75

310.92

903.91

Environment Heritage & Local Government

1.00

.00

5.00

28.00

8.00

83.03

21.40

28.70

106.93

28.40

124.40

13.73

134.47

583.06

Finance

2.00

.00

10.00

.00

54.10

4.00

146.78

37.23

48.66

23.00

21.30

28.10

101.46

476.63

Foreign Affairs Group

1.00

.00

34.00

18.00

9.00

57.50

36.30

18.75

52.40

19.90

117.60

44.10

467.75

876.30

Garda Civilians

.00

.00

.00

2.00

3.00

7.50

9.00

12.00

64.60

9.30

99.33

194.26

1,361.06

1,762.05

Health & Children

1.00

.00

7.00

29.80

17.00

72.00

27.70

26.03

63.50

19.90

71.00

11.70

96.73

443.36

Justice & Law Reform Total

1.00

.00

13.00

55.80

37.00

157.90

49.43

75.58

191.74

98.50

321.05

33.03

824.25

1,858.28

Office Of Public Works

.00

.00

.00

6.00

8.00

22.80

20.00

17.40

56.91

23.53

73.13

22.50

111.06

361.33

Oireachtas

.00

.00

1.00

8.00

2.00

5.00

1.00

1.00

2.00

.00

14.00

3.00

75.01

112.01

Ombudsman

.00

.00

.00

3.00

3.00

17.83

6.10

3.00

6.80

2.73

9.50

1.00

20.87

73.83

Presidents Establishment

1.00

.00

.00

.00

1.00

.80

1.00

2.00

.50

.00

3.00

5.40

4.60

19.30

Property Registration Authority

.00

.00

.00

3.00

3.00

19.10

7.90

19.75

41.30

41.80

115.83

20.20

203.60

475.48

Public Appointments Service

.00

.00

1.00

1.00

1.00

3.50

2.00

8.30

8.73

6.70

15.43

9.80

50.90

108.36

Revenue Commissioners

.00

.00

14.00

27.00

85.00

214.78

173.38

132.63

539.99

148.67

1,024.50

228.54

1,896.22

4,484.71

Social Protection

1.00

1.00

6.00

40.80

17.00

156.10

46.40

189.75

418.22

227.84

527.57

561.16

2,466.91

4,659.75

State Laboratory

.00

.00

.00

.00

.00

1.00

.00

1.00

1.00

.00

.00

2.40

5.40

10.80

Taoiseach

1.00

.00

7.00

6.00

7.60

15.35

18.49

9.10

24.90

6.40

22.00

12.93

44.70

175.47

Tourism, Culture & Sport

1.00

.00

3.00

6.00

3.00

17.00

9.80

7.80

11.00

9.50

18.55

4.00

27.80

118.45

Transport

1.00

.00

5.00

16.00

11.00

28.20

25.43

22.23

59.53

20.20

68.83

17.90

144.69

420.01

Valuation Office

.00

.00

1.00

2.00

.00

2.00

2.00

2.70

3.80

4.60

9.20

11.53

8.60

47.43

The above data does not include the National Gallery, CPSA, Prisons and Foreign Affairs local recruits serving abroad.

September 2010

Secretary General Total

Deputy Secretary Total

Assistant Secretary Total

PO Total

PO Higher Total

AP Total

AP Higher Total

HEO Higher Total

HEO Total

EO Higher Total

EO Total

SO Total

CO Total

Total

Total

17.00

1.00

138.00

368.90

302.00

1,228.12

675.63

898.79

2,183.51

1,119.22

3,584.42

1,494.45

10,512.26

22,523.30

Agriculture, Fisheries & Food

1.00

.00

8.00

21.60

12.00

92.23

28.50

66.59

149.63

103.54

290.09

82.42

938.00

1,793.60

Attorney General

.00

.00

.00

.00

1.00

3.00

3.00

2.00

7.00

2.00

6.00

4.00

30.20

58.20

Central Statistics Office

.00

.00

.00

3.00

1.00

15.70

5.00

26.40

35.40

40.54

87.60

13.13

292.30

520.07

Chief State Solicitor

.00

.00

.00

1.00

.00

2.00

1.80

3.00

3.00

1.50

11.30

9.40

54.00

87.00

Communications Energy & Nat. Resources

1.00

1.00

2.00

14.00

4.00

26.39

9.80

9.99

24.65

11.14

34.70

2.00

50.70

191.37

Community, Equality & Gaeltacht Affairs

1.00

.00

4.00

17.00

9.80

39.20

14.50

21.30

40.33

18.00

50.76

3.40

86.18

305.47

Comptroller & Auditor General

.00

.00

.00

.00

.00

.00

.00

.00

.00

2.00

2.50

1.00

2.80

8.30

Courts Service

.00

.00

5.00

17.00

16.70

73.10

31.70

34.23

107.15

44.30

174.13

17.13

286.82

807.26

Defence

1.00

.00

2.00

11.60

3.00

27.00

4.70

13.76

36.20

19.00

43.43

26.90

121.90

310.49

Director Of Public Prosecutions

.00

.00

.00

.00

1.00

4.00

3.00

4.00

6.30

3.90

7.50

5.00

47.70

82.40

Education Group

1.00

.00

10.00

38.00

11.60

82.90

22.10

49.50

114.83

78.40

219.17

52.83

405.54

1,085.87

Enterprise Group

1.00

.00

7.00

28.00

8.00

49.50

23.00

33.33

99.03

57.83

177.76

32.95

307.49

824.89

Environment Heritage & Local Government

1.00

.00

6.00

22.00

7.80

74.43

16.80

37.10

91.23

32.80

104.90

11.73

128.21

534.00

Finance

2.00

.00

9.00

.00

48.10

4.00

122.88

34.23

36.66

22.80

18.50

26.63

97.43

422.23

Foreign Affairs Group

1.00

.00

32.00

14.00

7.00

58.00

33.80

18.75

48.80

20.30

81.60

42.60

442.50

800.35

Garda Civilians

.00

.00

.00

2.00

2.00

8.80

8.00

19.60

52.50

19.10

90.13

188.82

1,339.86

1,730.81

Health & Children

1.00

.00

7.00

28.30

11.00

67.50

24.90

24.50

63.70

19.80

64.70

12.13

87.93

412.46

Justice & Law Reform Total

1.00

.00

10.00

43.00

29.00

101.80

40.33

60.08

153.56

84.06

264.67

26.43

739.38

1,553.31

Office Of Public Works

.00

.00

.00

6.00

7.00

20.80

14.20

20.10

51.01

25.90

68.89

20.80

107.66

342.36

Oireachtas

.00

.00

1.00

8.00

2.00

4.90

1.00

2.00

2.00

.00

10.00

3.00

68.81

102.71

Ombudsman

.00

.00

1.00

2.00

4.00

15.83

7.10

3.00

6.80

3.53

9.50

1.00

21.10

74.86

Presidents Establishment

1.00

.00

.00

.00

1.00

2.00

1.00

1.00

1.60

.00

2.73

5.50

5.00

20.83

Prisons (Admin Staff)

.00

.00

.00

5.00

3.00

17.50

4.00

7.00

14.00

8.00

11.00

6.00

27.93

103.43

Property Registration Authority

.00

.00

.00

3.00

.00

18.10

8.80

18.95

40.50

42.40

108.63

20.45

187.70

448.53

Public Appointments Service

.00

.00

1.00

.00

1.00

3.50

2.00

6.30

6.73

5.70

12.73

8.80

40.80

88.56

Revenue Commissioners

.00

.00

14.00

18.00

90.00

209.78

162.83

142.28

490.44

175.93

958.01

221.79

1,888.09

4,371.15

Social Protection

1.00

.00

6.00

34.40

8.00

146.86

37.60

198.90

409.00

237.15

562.71

600.65

2,483.62

4,725.89

State Laboratory

.00

.00

.00

.00

.00

1.00

.00

1.00

1.00

.00

.00

2.40

4.40

9.80

Taoiseach

1.00

.00

5.00

9.00

7.00

13.60

12.66

8.50

20.10

6.90

18.30

11.93

43.30

157.29

Tourism, Culture & Sport

1.00

.00

3.00

8.00

2.00

15.50

10.80

7.80

12.00

9.70

20.55

4.00

28.05

122.40

Transport

1.00

.00

4.00

14.00

3.00

27.20

17.83

21.90

54.36

18.40

63.13

17.90

135.46

378.18

Valuation Office

.00

.00

1.00

1.00

1.00

2.00

2.00

1.70

4.00

4.60

8.80

11.73

11.40

49.23

The above data does not include the National Gallery, CPSA, Prisons (Main) and Foreign Affairs local recruits serving abroad.

Pension Provisions

Finian McGrath

Question:

124 Deputy Finian McGrath asked the Minister for Finance if he plans to cut pensions in the next budget. [40852/10]

As is customary, I do not propose to comment in advance of the Budget on any matters that might be the subject of Budget decisions. I can assure the Deputy, however, that the Government remains steadfast in its determination to restore order to the public finances and Budget 2011 will play an important part in the process of fiscal correction now underway.

Tax Code

Bernard J. Durkan

Question:

125 Deputy Bernard J. Durkan asked the Minister for Finance the way it was determined that the Revenue Commissioners should not have to refund interest paid in respect of a projected capital gain that in the event did not accrue due to failure of contract; the way it can be argued that the contract predetermines a liability to interest even though the capital was refunded; the number of similar situations that have arisen, if interest has not been refunded in any case; and if he will make a statement on the matter. [40891/10]

I am informed by the Revenue Commissioners that the person concerned did not pay interest to Revenue in respect of the capital gain, because the transaction in question did not give rise to an interest charge. The person has, however, been seeking the payment of interest by Revenue. The legislation providing for interest on repayment of tax is contained in section 865A of the Taxes Consolidation Act 1997, which states that interest on a repayment arises where the repayment is not made within a period of 93 days after a person's application for the repayment becomes a valid claim. In this case the person's application for repayment became a valid claim on 24 June 2009, the date the Revenue Commissioners were advised the contract was rescinded. The refund was made on 7 July 2009.

No data is available on the number of similar situations that have arisen. Interest on repayments of tax can only arise where a repayment of tax is not made within a period of 93 days after a person's application for the repayment becomes a valid claim.

Tax Collection

Bernard J. Durkan

Question:

126 Deputy Bernard J. Durkan asked the Minister for Finance the extent of a settlement figure required by Customs and Excise in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [40892/10]

I am advised by the Revenue Commissioners that the following are the circumstances of this case. On a date in May this year, 184 items of new clothing, footwear and accessories were detained and subsequently seized from a passenger (details supplied) who was stopped in the Green Channel at Dublin Airport, having arrived from Istanbul, Turkey. The duty-free and tax-free passenger baggage allowances applicable to travellers arriving from a non-Member State such as Turkey are of an upper monetary limit of €430 and are confined to importations of goods for personal use only. On examination of the goods the Customs Officer formed the opinion that their value was substantially in excess of this limit. The officer also suspected that some of the goods were of a counterfeit nature.

The goods in question were detained for further enquiry. Confirmation was subsequently obtained that a quantity were in fact counterfeit. The items in question were seized under Customs legislation as counterfeit as such items are prohibited under EU and national law.

The value of the remaining items was estimated at €4,499. While there is no evidence to suggest that these goods were counterfeit, this value was substantially in excess of the passenger baggage allowance referred to above. There were also strong indications that their importation was of a commercial rather than personal nature. These goods were seized as they had been detected in the Green channel in the possession of the passenger in question and had not been declared. The Duty and VAT liability on these goods amounted to €553.53 and €1,042.02 respectively, making a total of €1,595.55. Following receipt of representations from a solicitor on behalf of the passenger, Revenue offered return of the non-counterfeit goods on payment of €2,500. This represents Customs Duty of €553.53, VAT of €1,042.02 and a compromise penalty payment of €904.45 in lieu of retention of the goods and possible criminal proceedings.

Under Customs law a person has the right to make a claim challenging a seizure. This involves the initiation by Revenue of civil proceedings in order for a court to adjudicate on the validity of the seizure. The process requires the attendance of the claimant to give evidence at such proceedings. The representations of the individual's solicitor in this case are regarded as constituting such a claim and Revenue is in touch with her to confirm that she wishes to proceed on that basis.

Tax Refunds

Bernard J. Durkan

Question:

127 Deputy Bernard J. Durkan asked the Minister for Finance the way it was determined that a refund to the extent of €22,000 as determined by their tax consultant who is completely familiar with such matters has been reduced to a refund of €530 in view of the fact that all allowances sought were in accordance with regulations and that the determination as proposed has a knock-on effect of creating serious hardship in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [40893/10]

I have been advised by the Revenue Commissioners that they are unable to comment on an agent's view of expected refund due. However following a Revenue Audit, deductions incorrectly claimed in arriving at Case 1 Profit have been withdrawn and the net result is a refund of €509.53. This will be refunded as soon as the proposed settlement is agreed by taxpayer.

Pension Provisions

Richard Bruton

Question:

128 Deputy Richard Bruton asked the Minister for Finance the position regarding a decision on a pension parity claim (details supplied); and if he will make a statement on the matter. [40919/10]

The individual in question submitted an appeal for my determination under section 41(11) of the Harbours Act 1996 in respect of the superannuation benefit payable under the superannuation scheme of which he was a member. My determination issued on 13 November 2009, informing the individual that I could not uphold the appeal and setting out the reasons for the determination. The appellant was advised of his rights with regard to the Pensions Ombudsman's Regulations 2003 and that he might refer the matter to the Pensions Ombudsman if he wished to pursue the matter further.

Budget Submissions

Joe Behan

Question:

129 Deputy Joe Behan asked the Minister for Finance further to the pre-budget meeting between his officials and representatives of the tobacco industry in September 2010, the persons who attended the meeting on behalf of the tobacco industry, the topics under discussion and the effect the discussions are likely to have on the formulation of proposals in budget 2011 regarding the tobacco industry; and if he will make a statement on the matter. [40932/10]

Officials of my Department met with representatives of the Irish Tobacco Manufacturers Advisory Committee (ITMAC) and representatives from Philip Morris International (PMI). ITMAC was represented by its Chairman, its Secretary and by the CEOs of John Player & Sons and P.J.Carroll & Company Ltd. PMI was represented by its Corporate Affairs Manager UK & Ireland, Corporate Affairs Manager Ireland, Director Corporate Affairs EU and Director Fiscal Affairs & International Trade EU. The bodies outlined their views in regard to a range of issues including developments in the tobacco market, the taxation of tobacco products, the EU Tobacco Excise Directive, the European Court of Justice ruling on setting minimum retail prices for cigarettes and the incidence of tobacco smuggling.

As I said in my reply to the Deputy on 27 October, 2010, it is normal practice for officials of my Department to meet with various interest groups, especially in the run-up to the annual Budget. Decisions in relation to the Budget are taken in the context of a variety of factors, and not on the basis of meetings with industry representatives.

Departmental Expenditure

Brian Hayes

Question:

130 Deputy Brian Hayes asked the Minister for Finance if he will provide an itemised list of payments made to external solicitors and to external barristers whose services were procured directly by the Department and by each agency and body under its aegis in the years 2007, 2008, 2009 and 2010; the reason for each such procurement; and if such services were procured through competitive tendering processes in every instance; and if he will make a statement on the matter. [40941/10]

In general, my Department uses the services of the Office of the Attorney General and the Office of the Chief State Solicitor. However it seeks outside legal advisors in circumstances requiring legal services of a specific nature. The costs associated with the Office of the Attorney General and the Office of the Chief State Solicitor are borne by their respective Votes. The following tables set out the detail sought by the Deputy in relation to the legal fees paid by my Department and by the Offices under the aegis of my Department for the years 2007, 2008, 2009 and to date in 2010.

The Office of Public Works was unable to provide the information requested by the Deputy in the time available, however, this information is being collated and will be issued directly to the Deputy.

Advisor

2007

2008

2009

2010 (to date)

Reason

Tendered (Yes/No)

McCann Fitzgerald

0

48,400

0

0

Advice relating to procurement of air/ transport agency services

Yes

McCann Fitzgerald

39,325

14,664

0

0

Advice relating to Public Sector Standard Conditions of engagement for construction consultants

Yes

Matheson Ormsby Prentice

25,549

0

0

0

Advice relating to general supplies and services contracts

Yes

Max Abrahamson

12,100

0

0

0

Advice relating to Public Sector Standard Conditions and amendments to Arbitration and Conciliation regulations

Yes

Arthur Cox

0

1,628,024

5,875,869

3,907,000

Advice relating to bank guarantee scheme

No*

A&L Goodbody

137,090

182,007

0

0

Advice relating to Standard Public Works Contracts for works contractors

Yes

A&L Goodbody

66,657

0

0

0

Advice relating to Public Private Partnership, terms and conditions

Yes

A&L Goodbody

112,050

0

0

0

Advice relating to sale of ACC bank

Yes

Paul O’Higgins S.C.

0

0

0

15,125

Advice provided to Messrs Regling and Watson as part of their preliminary investigation into the banking sector

Yes

*Normal procurement procedures were not followed because of the urgency of the issue.

Advisor

2007

2008

2009

2010 (to date)

Reason

Tendered (Yes/No)

Public Appointments Service

Matheson Ormsby Prentice

0

17,000

0

0

Advice in relation to awarding of a commercial contract

No*

Office of the Commission for Public Service Appointments

Matheson Ormsby Prentice

130,000

115,000

109,000

7,000

General advice in relation to the Commissions work

Yes

State Laboratory

Darach ConnollySolicitors

0

103,000

0

0

Advice in relation to a personal injury claim

**

Sarah Mahon Solicitors

0

0

86,000

Advice in relation to a compensation claim by an individual

**

*Normal procurement procedures were not followed because of the urgency of the issue.

**The Chief State Solicitors Office engaged the services of the solicitors involved on behalf of the State Laboratory.

A payment of €1,000 in 2010 was made to the State Claims Agency for legal opinion they received in a case involving the issuing of incorrect results by the State Laboratory. Both the Valuation Office and the Office of the Appeals Commissioners incurred no legal fees in the period in question.

Revenue

The Revenue Solicitor provides legal services for Revenue and in that capacity engages external barristers in circumstances that require specific legal advices and legal opinions on issues in Tax, Customs and general litigation, for advising proofs for Court and Administrative Tribunal cases and for providing full advocacy services in the conduct on Tax, Customs and general litigation (both civil and criminal) before the District, Circuit, High and Supreme Courts, Appeal Commissioners and other administrative tribunals. The use of a competitive tendering process for these services is not feasible.

Details of the amounts paid to various external barristers in the years 2007, 2008, 2009 and to end October 2010 are given in the following table as Counsel Fees. Revenue also engages external solicitors for various services of a legal nature. The majority of these services relate to the collection/recovery of debt due to Revenue/Exchequer. For the years in question Revenue's Office of the Collector General engaged firms of solicitors following tendering processes in line with public procurement guidelines. Details of payments made to each of these firms of solicitors are given in the following table.

Revenue

Description

2007

2008

2009

2010 (to date)

Total

Engagement of Barristers

Counsel Fees

1,315,252

1,914,880

1,660,464

837,128

5,727,724

For the supply of legal services for the collection/recovery of debt due to Revenue/ Exchequer

Holmes, O’Malley, Sexton

714,861

838,145

738,295

605,886

2,897,187

Ivor Fitzpatrick & Co

643,981

615,345

1,155,080

826,026

3,240,432

George V Maloney

684,732

471,984

598,573

399,986

2,155,275

Mason, Hayes & Curran

633,536

773,212

662,172

519,408

2,588,328

Matheson, Ormsby, Prentice

916,065

794,517

746,975

622,680

3,080,237

Pierse & Fitzgibbon

741,625

846,706

837,588

300,478

2,726,397

Patrick J Brady & Co

7,453

0

0

0

7,453

Lavelle, Coleman

0

0

0

182,369

182,369

Miscellaneous Legal

17,365

20,731

62,102

23,150

123,349

Commissioner for Oaths & Other legal services

Commissioner for Oaths

30,042

48,072

63,524

45,061

186,699

P35 Prosecutions

State Solicitor

0

5,096

841

294

6,231

Total

5,704,912

6,328,689

6,525,615

4,362,466

22,921,682

Tax Reliefs

Pat Rabbitte

Question:

131 Deputy Pat Rabbitte asked the Minister for Finance if he will provide the details, if any, of any analysis carried out by him or by the Revenue Commissioners, similar to that done on high-income individuals, on the nature and extent of the use of tax reliefs and exemptions by highly profitable corporations to reduce tax liabilities and to result in the payment of corporation tax at an effective rate that is significantly lower than 12.5%; and if he will make a statement on the matter. [40961/10]

I can confirm that the type of analysis referred to by the Deputy has not been carried out by my Department or by the Revenue Commissioners. As the Deputy will be aware, the analysis which was carried out in relation to high-income individuals arose out of particular concerns about the level of tax being paid by a number of such individuals, and as a result of which restrictions on the use of tax reliefs and exemptions by high-income individuals were introduced in Finance Act 2006 with further restrictions introduced in this year's Finance Act.

Where particular concerns have been brought to my attention about the use of tax reliefs or exemptions by companies, I have introduced legislative restrictions where appropriate to address those concerns. Large profit-making companies have contributed significantly to corporation tax revenues in recent years. In 2009, for example, total corporation tax payments by the top 100 companies amounted to just under €3 billion or 76 per cent of the total corporation tax yield.

Misuse of Drugs

Frank Feighan

Question:

132 Deputy Frank Feighan asked the Minister for Finance in view of the recent reports in the media confirming that legal highs can be purchased on-line and sent to customers here without any check carried out by Customs and Excise, the steps, if any, he will take to prevent this occurring; and if he will make a statement on the matter. [40989/10]

I would point out to the Deputy that, following amendments to the Misuse of Drugs provisions in May 2010 and the commencement of the Criminal Justice (Psychoactive Substances) Act 2010, all the substances previously described as "legal highs" are subject to control. Revenue's Customs Service has primary responsibility for the prevention, detection, interception and seizure of controlled drugs at importation. At the operational level, Revenue is fully committed to providing an effective level of protection at frontiers against drug smuggling by systematically applying controls commensurate with the levels of risk identified.

All operations are risk focussed and resources are deployed to combat areas of greatest risk. In this regard, Revenue is continuously engaged in analysis and evaluation of seizure trends, routes and smuggling risks and in consequential resource deployment. I have been assured by the Revenue Commissioners that they are satisfied that the current risk based approach, which is in line with international best practice in this area, is the correct approach to follow. I am also advised by the Revenue Commissioners that controls are being applied to on-line purchases arriving in the State and, accordingly, the media report that checks are not being carried out by Customs is not correct.

Frank Feighan

Question:

133 Deputy Frank Feighan asked the Minister for Finance the number of private aircraft searched by Customs and Excise for drugs at Ireland West Airport, Knock, Carrickfinn, County Donegal, Galway and Sligo airports for the year 2009 and from 1 January to 31 October 2010. [40990/10]

I am advised by the Revenue Commissioners that the decision on whether or not to search private aircraft at the listed airports is taken following profiling, review of intelligence and interview with the crew/passengers. In line with best practice in customs administration worldwide, Revenue regards the development of information and intelligence as critical to the detection of evasion and drug smuggling. This is very important in the case of Ireland and other EU Member States where the operating environment for Customs has been shaped to a significant degree by the introduction of the Internal Market and the related principles of freedom of movement within the EU. Of specific relevance are the abolition of routine and systematic Customs checks on goods and passengers moving within any part of the EU. The approach has, of necessity, been to balance the freedom of movement principle in regard to people and goods with the need to control smuggling.

A selection of private aircraft has been targeted in the period in question, involving Customs staff assembling a profile of the aircraft, undertaking covert surveillance and interviewing connected persons. However, it is not appropriate to publish precise details of such enforcement activities as this could prejudice current and future operations.

The following Table sets out the number of Customs checks overseeing all aircraft and flights at the listed airports for the period in question. Attendance by Customs officers is selective and targeted and is based on analysis of seizure trends, traffic frequency, routes and other risk indicators as well as specific intelligence. A drugs detector dog is frequently in attendance. Flights with origins and destinations with a high-risk rating attract particular interest.

2009

2010 (to end Oct)

Ireland West Airport, Knock

1,380

1,506

Donegal

75

57

Galway

322

151

Sligo

72

30

During 2009, staff made 5 seizures of Cannabis Resin, 15 seizures of Herbal Cannabis and 4 seizures of Amphetamines at Knock whilst Galway staff recorded one seizure of Herbal Cannabis. During 2010, staff made 3 seizures of Cannabis Resin and 13 seizures of Herbal Cannabis Resin at Knock. No seizures of drugs have been recorded at Galway so far in 2010. There have been no drugs seizures recorded at Sligo or Donegal Airports for 2009 or to date in 2010.

Frank Feighan

Question:

134 Deputy Frank Feighan asked the Minister for Finance the number of vessels searched at Sligo Port, Galway and Killybegs for the year 2009 and to date in 2010. [40991/10]

I am advised by the Revenue Commissioners that all commercial shipping into the ports in question is subject to risk profiling. The decision on whether or not to search vessels is taken following risk assessment and the review of intelligence. Standardised Risk Assessments (SRAs) are an important part of intelligence and profiling work. SRAs produce risk indicators for the purpose of targeting goods and vessels by Customs officers, either for physical inspection or post importation enquiries.

Revenue enforcement staff monitor the ports of Galway, Sligo and Killybegs as part of their ongoing patrols, while the Customs Cutters patrol the coastline. The attendance of Revenue staff is selective and targeted and is based on analysis of seizure trends, traffic frequency, routes and other risk indicators as well as specific intelligence. The following table sets out the number of Revenue attendances overseeing all vessels and traffic at the listed ports for the period in question. While there is constant monitoring of the ports and the coastline, it is not the policy of the Revenue Commissioners to publish precise details of enforcement activities as this could prejudice current and future operations.

2009

2010 (to end Oct)

Galway

105

90

Sligo

8

20

Killybegs

46

54

Revenue continuously assesses the risk along the coast, including any small ports and other landing places, for the illegal importation of drugs and contraband. Revenue officers liaise with local Gardaí, Harbour Masters and the Coastguard regarding drugs and with trade interests in respect of fiscal products. As part of the Customs Drugs Watch programme, a confidential 24/7 free phone is promoted and maintained as a communications channel for the maritime and coastal communities to report suspicious activity. Revenue continues to work proactively with an Garda Síochána and the Naval Service as part of the Joint Task Force on Drugs Interdiction.

In terms of maritime surveillance, there are currently two Customs Cutters in service, the RCC Suirbhéir and the RCC Faire and these support our teams of land-based enforcement officers involved in anti-smuggling duties. Patrols of the ports by the Cutters are kept under constant review to take account of available intelligence and emerging smuggling trends. The Commissioners are satisfied that the current arrangements for maritime and port surveillance are sufficient and effective.

Child Care Services

Pat Breen

Question:

135 Deputy Pat Breen asked the Minister for Health and Children if a person (details supplied) can be facilitated; and if she will make a statement on the matter. [40743/10]

I have responsibility for implementing the free Pre-School Year in Early Childhood Care and Education (ECCE) scheme, which provides for a free pre-school year to eligible children in the year before they commence primary school.

Parents of children eligible to avail of the free pre-school provision enrol their child in a service participating in the scheme in September of the relevant school year. Capitation funding is provided at the beginning of each school term based on the enrolment returns submitted to my Office by participating services . Parents whose child is enrolled in a childcare service at the beginning of the school term can transfer that child to a new service during that term but the capitation payment in respect of the child remains with the service in which the child was initially enrolled. The capitation payment will only transfer to the new service from the start of the following school term and any childcare provision availed of in the period between the date of transfer and the start of the new term must be paid for by the parent.

Hospital Services

Denis Naughten

Question:

136 Deputy Denis Naughten asked the Minister for Health and Children when a person (details supplied) in County Roscommon will be called for a procedure; the reason for the delay in same; and if she will make a statement on the matter. [40746/10]

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

Nursing Homes Support Scheme

Jack Wall

Question:

137 Deputy Jack Wall asked the Minister for Health and Children if any assistance can be given to a person (details supplied); and if she will make a statement on the matter. [40753/10]

The Nursing Homes Support Scheme is the single national system of financial support available to new entrants to long-term nursing home care in Ireland. Should the individual referred to by the Deputy wish to return to Ireland and avail of the scheme, he would have to satisfy the HSE that he is ordinarily resident in the State. Ordinarily resident means that someone who has been living in Ireland for at least a year or intends to live in Ireland for at least a year. The Information Booklet on the scheme can be downloaded from the HSE website at: http://www.hse.ie/eng/services/Find_a_Service/Older_People_Services/nhss/

Health Service Staff

Seán Power

Question:

138 Deputy Seán Power asked the Minister for Health and Children when emergency medical controller vacancies will be filled in view of the fact that they are front-line services and not part of the moratorium on public service recruitment; and if she will make a statement on the matter. [40756/10]

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

Mental Health Services

Aengus Ó Snodaigh

Question:

139 Deputy Aengus Ó Snodaigh asked the Minister for Health and Children if she will offer a commitment to maintain funding for mental health services at their current level in view of the fact that spending in this field is now at its lowest level in modern history, more than half of all staff cut from the Health Service Executive in 2009 came from mental health services despite mental health representing just 9% of the HSE workforce, residential conditions in some centres are inhumane, 200 children were admitted to adult centres due to the dearth of appropriate facilities and persons with intellectual disabilities are inappropriately placed in psychiatric institutions in large numbers, and given that the recession makes the demand and necessity for well funded mental health services all the greater. [40789/10]

The HSE is working within limited financial resources. The appropriate management of the public finances means that the health sector, which represents over 27% of public expenditure, must operate within the approved budget set out at the start of the year. Under Section 31(1) of the Health Act, 2004, the HSE is required to prepare an annual National Service Plan. The Plan, which must indicate the type and volume of health and personal social services to be provided by the HSE, is submitted to the Minister for Health and Children for approval. The appropriate management of the health services also means that the mental health services must be funded in an equitable and sustainable manner.

The estimated cost of the implementation of ‘A Vision for Change’ is €150m over 7 — 10 years. Development funding totalling €54 million has been allocated to the HSE since the launch of the Report in 2006.In addition, almost €1 million was allocated this year under the Dormant Accounts Fund for a programme of suicide prevention measures to help communities to develop integrated local action plans for suicide prevention. To further the implementation of ‘A Vision for Change’, the 2010 Employment Control Framework for the health service provided an exemption from the moratorium on recruitment and allowed 100 psychiatric posts to be filled by nurses or therapists.

There are substantial resources already invested in mental health. The reconfiguring and remodelling of these resources will be the main focus for the immediate future. While implementation of ‘A Vision for Change’ has been somewhat slower than originally anticipated it is important to say that in many parts of the country, services are pressing ahead with the implementation of the policy. Significant progress has been achieved including: shorter episodes of inpatient care, improved child and adolescent mental health services, fewer involuntary admissions and the involvement of service users in all aspects of mental health policy, service planning and delivery. Acute admissions to St Brendan’s Hospital have ceased. Plans for the transfer of acute inpatient admissions from St Ita’s Hospital to a new purpose built unit on the Beaumont Hospital Campus are proceeding. New Community Nursing Units in Ballinasloe and Mullingar have been developed.

The number of child and adolescent inpatient beds will increase from 30 to 52 before the end of 2010. This together with the Mental Health Commission code of practice relating to the admission of children under the Mental Health Act 2001 will greatly reduce the need to admit children to adult units.

Medical Cards

Finian McGrath

Question:

140 Deputy Finian McGrath asked the Minister for Health and Children the position regarding a matter (details supplied). [40807/10]

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

Hospital Services

Brendan Kenneally

Question:

141 Deputy Brendan Kenneally asked the Minister for Health and Children when the Health Service Executive will develop a plastic surgery service in Waterford Regional Hospital; and if she will make a statement on the matter. [40809/10]

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

Prescription Charges

Finian McGrath

Question:

142 Deputy Finian McGrath asked the Minister for Health and Children if she will clarify a matter regarding prescription charges (details supplied). [40824/10]

Section 59 of the Health Act 1970, as amended by the Health (Amendment) (No. 2) Act 2010, provides for a charge of €0.50 per prescribed item supplied to medical card holders by community pharmacists. The charges are subject to a cap of €10 per month for each person or family.

Services for People with Disabilities

Finian McGrath

Question:

143 Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [40825/10]

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 to the Deputy.

Nursing Homes Support Scheme

Finian McGrath

Question:

144 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 9. [40826/10]

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

Health Services

Finian McGrath

Question:

145 Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 3. [40827/10]

As the Deputy's question relates to service matters, I have arranged for the Health Service Executive to reply directly to the Deputy.

Pension Provisions

Tom Hayes

Question:

146 Deputy Tom Hayes asked the Minister for Health and Children when a pension payment will issue to a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [40833/10]

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

Health Services

Jack Wall

Question:

147 Deputy Jack Wall asked the Minister for Health and Children when a child will be assessed (details supplied); and if she will make a statement on the matter. [40854/10]

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

Hospital Waiting Lists

Bernard J. Durkan

Question:

148 Deputy Bernard J. Durkan asked the Minister for Health and Children if and when a surgery appointment will issue in the case of a person (details supplied) in County Laois; and if she will make a statement on the matter. [40882/10]

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

Medical Cards

Bernard J. Durkan

Question:

149 Deputy Bernard J. Durkan asked the Minister for Health and Children when a full medical card will issue in the case of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [40883/10]

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

Health Services

Bernard J. Durkan

Question:

150 Deputy Bernard J. Durkan asked the Minister for Health and Children if sufficient regard has been taken of the health and welfare of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [40884/10]

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

Vaccination Programme

Noel Ahern

Question:

151 Deputy Noel Ahern asked the Minister for Health and Children the programmes or financial assistance available to parents who wish to get their older school going daughters protected with the HPV vaccine; and if she will make a statement on the matter. [40896/10]

The national HPV vaccination programme commenced in May in secondary schools for girls in first year. The second phase of the HPV vaccination programme is now underway. During this calendar year all girls currently in second year and those who entered first year in September are being offered vaccination. The programme will continue with the vaccine being offered to all girls in first year in secondary school each year. It is not proposed to extend the vaccination programme to other classes at present. Unfortunately it will not be possible to refund the costs of vaccinations administered privately.

Medical Cards

Noel Ahern

Question:

152 Deputy Noel Ahern asked the Minister for Health and Children the position regarding and if she will provide data on the number of long-term medical card holders who have had their medical card withdrawn or altered in the past two years (details supplied); and if she will make a statement on the matter. [40897/10]

Noel Ahern

Question:

153 Deputy Noel Ahern asked the Minister for Health and Children the position regarding the income guideline figures for medical cards; if dates are available for the number being refused with income under the €25 a week; if she will report on withdrawal of medical card for a person (details supplied) in their early 60s with severe medical expenses and problems because of €22 a week job pension. [40898/10]

I propose to take Question Nos. 152 and 153 together.

The assessment of eligibility for a medical card is statutorily a matter for the Health Service Executive (HSE) and is determined following an examination of the means of the applicant and his/her dependants. Under Section 45 of the Health 1970, medical cards are provided for persons who, in the opinion of the HSE, are unable without undue hardship to arrange general practitioner medical and surgical services for themselves and their dependants. Under Section 58 of the Health Act 1970, as amended, GP visit cards are provided for adult persons with limited eligibility for whom, in the opinion of the HSE, and notwithstanding that they do not qualify for a medical card, it would be unduly burdensome to arrange GP medical and surgical services for themselves and their dependants.

In assessing eligibility, the HSE uses guidelines based on people's means, which includes their income, certain allowable outgoings and the effect of other factors which may impact on people's ability to meet the cost of GP services for themselves and their families. Notwithstanding the above, the HSE may issue a medical card on a discretionary basis, if the applicant would otherwise be caused undue hardship in providing general medical and surgical services for himself / herself and any dependants. The Executive takes all medical issues into account in determining whether or not undue hardship exists.

Attached is a table containing the current income guidelines for medical cards and GP visit cards for persons applying for a medical card under the general medical card scheme.

General Medical Card/GP Visit Card Income Thresholds (Effective from 01-01-2009)

Medical Card Net Weekly Rate

GP Visit Card Net Weekly Rate

Single Person Living Alone

Aged up to 65 years

184.00

276.00

Aged 66 years and over

201.50

302.00

Single Person Living with Family

Aged up to 65 years

164.00

246.00

Aged 66 years and over

173.50

260.00

Married Couple or Persons living together as Husband & Wife/Single Parent Families with Dependent Children

Aged up to 65 years

266.50

400.00

Aged 66 years and over

298.00

447.00

Allowances

Allowance for first 2 children under 16 years financially dependent on applicant

38.00

57.00

For 3rd and subsequent children under 16 years financially dependent on applicant

41.00

61.50

Allowance for first 2 children over 16 years financially dependent on applicant

39.00

58.50

For 3rd and subsequent children over 16 years financially dependent on applicant

42.50

64.00

For a dependant over 16 years in full-time education and not grant-aided

78.00

117.00

Additional guideline allowances will be given for:

Reasonable expenses incurred in respect of rent/mortgage payments;

Reasonable expenses incurred in respect of childcare costs;

Reasonable expenses incurred in travel to work.

The assessment of eligibility for medical cards will be based on the combined income of the applicant and spouse (if any) after tax, PRSI and Income Levy have been deducted.

Applicants whose weekly incomes are derived solely from Social Welfare or Health Service Executive allowances/ payments, which are in excess of the Financial Guidelines (either at first application or renewal) qualify for a medical card.

As the HSE has the responsibility for the administration of the General Medical Services Scheme, it is the appropriate body to consider the other issues raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address these matters and to have a reply issued directly to the Deputy.

Adoption Services

Noel Ahern

Question:

154 Deputy Noel Ahern asked the Minister for Health and Children the position regarding setting up a policy on a bilateral agreement with Russia on adoption; the steps taken to achieve same; if she is working with one or a number of support groups on same and if names can be quoted on same groups; if greater compliance of post-placement reports has been achieved and if Russia is satisfied with progress; under new adoption legislation will it be her Department that is the relevant recognised Department or is that power delegated to the Office of the Minister for Children and the target date for a bilateral agreement with Russia. [40899/10]

The Adoption Act, 2010 was commenced on 1 November 2010. The commencement of the Act coincides with Ireland's ratification of the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption. The legislation, which incorporates the provisions of the Hague Convention, is designed to provide a framework to ensure that appropriate procedures have been followed and that all adoptions are effected in the best interests of the child. Future Inter-country adoption arrangements will be governed by the terms of the Adoption Act, 2010.

The Russian Government has made it clear that if adoptions are to continue, they wish to have bilaterals put in place with receiving countries. I have written to the Minister of Education and Science of the Russian Federation to initiate discussions on putting in place a bilateral agreement with Russia that provides safety around the issues of consent and the financial costs of effecting an adoption.

It should be noted that the Adoption Act, 2010, contains a special provision that will enable prospective adoptive parents to proceed with an adoption from a non-Hague or non-bilateral country, if prior to the establishment date, they have been issued with a Declaration of Eligibility and Suitability to adopt. This is significant in that it allows applicants to adopt from Russia if the Declaration has been issued by the Adoption Board prior to commencement of the legislation. The provision requires that the Adoption Authority would be satisfied that the particular adoption meets all the standards of the Hague Convention.

My Office continues to work with Russian authorities with regard to the issue of post placement reports. We have received positive feedback from the Russian Embassy on the issue of outstanding reports. The Russian Embassy indicated to my Office that, during a recent visit to Ireland, the Russian Deputy Foreign Minister confirmed that Ireland was not blacklisted as regards to inter country adoption. The Russian Embassy in Dublin advised the Department that prospective adoptive parents can still proceed in applying to the Russian consulate for documents for visas and adoptive dossiers for registration.

Sale of Tobacco Products

Noel Ahern

Question:

155 Deputy Noel Ahern asked the Minister for Health and Children the position regarding the selling to under age persons of tobacco products; if she will provide the enforcing agency in this case; the persons that would have to give evidence in court and so on; and if she will make a statement on the matter. [40900/10]

The sale of tobacco products to a person under 18 years of age is prohibited under Section 45 of the Public Health (Tobacco) Act 2002. This legislation is enforced by the Environmental Health Officers of the Health Service Executive.

Alcohol Prices

Noel Ahern

Question:

156 Deputy Noel Ahern asked the Minister for Health and Children the position regarding the practice of some supermarkets in selling alcohol at exceptionally low price levels; if below cost selling is permitted; if there is any policing or inquiries into same; if the relevant price is the invoiced price or if transportation, warehousing, profit are considered to judge the base price; if there are health concerns regarding the level of alcohol now being consumed at home; if a minimum floor price for the sale of alcohol can be set to control consumption, improve tax take and provide fair competition with pubs; if trends in this direction in Scotland are being monitored; if an all-Ireland policy can be implemented. [40904/10]

The Minister for Enterprise, Trade and Employment revoked the Restrictive Practices (Groceries) Order 1987 with effect from March 2006. This resulted in the removal of price control on alcohol products. Information available from the alcohol industry would indicate that there has been a reduction in recent years in the sales of alcohol in the on-trade sector. I am concerned at the resultant increase in the amount of alcohol sold in the off-trade sector for home consumption as the overall level of alcohol consumption in the population is still too high.

In March, 2009 the Government agreed to include alcohol in a National Substance Misuse Strategy (NSMS) that would be coordinated jointly by the Department of Community, Equality and Gaeltacht Affairs and my Department. A Steering Group has been established to develop proposals on the alcohol element of the NSMS. The NSMS Steering Group is examining a wide range of issues in relation to alcohol policy such as pricing (including minimum pricing), availability, treatment, prevention and marketing. The NSMS Steering Group is due to report on its findings by the end of the year. I look forward to receiving the Report from the Steering Group and considering the recommendations around the price at which alcoholic drinks are sold. My Department is continuing to monitor developments on alcohol policy in Scotland and in Northern Ireland particularly in relation to any proposals on the pricing of alcohol products.

Hospital Waiting Lists

Seán Ó Fearghaíl

Question:

157 Deputy Seán Ó Fearghaíl asked the Minister for Health and Children if she will request the Health Service Executive to expedite surgery in respect of a person (details supplied); and if she will make a statement on the matter. [40915/10]

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

Departmental Correspondence

Seán Ó Fearghaíl

Question:

158 Deputy Seán Ó Fearghaíl asked the Minister for Health and Children if she will detail the engagement she and her Department have had with a foundation (details supplied); if she will confirm that it is her Department’s intention to provide the maximum support to this foundation; and if she will make a statement on the matter. [40918/10]

I met with the Jack and Jill Foundation on Tuesday 12th October last. The Health Service Executive was also represented at the meeting. We discussed a range of issues including additional State funding. I will continue to engage with the Jack and Jill Foundation. Both the Minister and I and the Health Service Executive recognise the valuable contribution that the many agencies and charities make in the provision of health and personal social services to people with a disability.

Reflecting the current economic situation the health sector must manage service levels within available resources. The HSE together with the 'non-statutory organisations' who provide services on behalf of the HSE, will continue to review how these services are provided in order to protect the delivery of front line services as much as possible. In the current environment, this is a challenge for all, including the HSE and non statutory charity organisations. The HSE will continue to work closely with all agencies and bodies in the sector, including Jack and Jill, to provide whatever assistance it can from within its resources, in the context of the annual Service Level Agreement arrangements.

The very difficult financial position facing the country will obviously require very careful management across all areas of expenditure, including the disability sector. Notwithstanding this difficult financial environment, the Government is determined to do everything possible to protect patient services, to respond to priority demographic and other needs, and to support ongoing reform of the public heath services within the resources available for health.

Departmental Expenditure

Brian Hayes

Question:

159 Deputy Brian Hayes asked the Minister for Health and Children if she will provide an itemised list of payments made to external solicitors and to external barristers whose services were procured directly by the Department and by each agency and body under its aegis in the years 2007, 2008, 2009 and to date in 2010; the reason for each such procurement; if such services were procured through competitive tendering processes in every instance; and if she will make a statement on the matter. [40943/10]

In respect of my Department, the information requested by the Deputy is currently being collated and will be forwarded as soon as it is available. In respect of agencies or bodies under my Department's aegis, payment for legal services is an operational matter for the agencies or bodies in question and such information is not held by my Department. The Deputy's question has been forwarded to the Parliamentary Affairs Division of the Health Service Executive for its attention and direct reply to the Deputy.

Health Services

Richard Bruton

Question:

160 Deputy Richard Bruton asked the Minister for Health and Children the commitment that her Department has made to develop a special centre for the treatment of cystic fibrosis; the reason for any slippage from that schedule that has occurred; if her Department has resolved the issues that have delayed the implementation of this strategy; and if she will make a statement on the matter. [40962/10]

The St Vincent's University Hospital and the HSE are working to ensure the earliest possible delivery of the new ward block. Adequate funding has been earmarked for the development in the multi-annual capital programme of the Department of Health and Children and the HSE. That funding remains in place and will be used.

The contract for construction of the new facility was signed on the 14 October 2010. The site has been handed over to the contractor. An architect has been appointed, the contractor and design team are on site and construction work has commenced. The site had previously been cleared in readiness for construction to begin. It is expected that construction of the building will take 18 months. Completion is expected as early as possible in 2012.

Eamon Gilmore

Question:

161 Deputy Eamon Gilmore asked the Minister for Health and Children the reason the orthotic clinic in the Dún Laoghaire area has been suspended and the reason patients in need of surgical footwear have a nine month wait for the provision of essential surgical footwear; and if she will make a statement on the matter. [40978/10]

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 to the Deputy.

Hospital Waiting Lists

Michael McGrath

Question:

162 Deputy Michael McGrath asked the Minister for Health and Children the position regarding a hospital appointment for a person (details supplied) in County Cork [40979/10]

The scheduling of patients for hospital treatment is a matter for the consultant concerned in each case and is determined on the basis of clinical need. Should the patient's general practitioner consider that the patient's condition warrants an earlier appointment, he/she would be in the best position to take the matter up with the consultant involved.

The management of hospital services generally, including out-patient waiting lists, is a matter for the Health Service Executive and the individual hospitals concerned. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the case investigated and to reply directly to the Deputy.

Long-Term Illness Scheme

David Stanton

Question:

163 Deputy David Stanton asked the Minister for Health and Children, further to Parliamentary Question No. 263 of 12 October 2010, when the qualifying illnesses for the long-term illness scheme was last revised; the basis under which different illnesses are selected for eligibility under the scheme; and if she will make a statement on the matter. [40997/10]

The Long Term Illness Scheme arose from a non-statutory scheme, established administratively in 1967, for the free supply of certain products for the treatment of diabetes to persons who did not hold a medical card under the Health Act 1947. The scheme was introduced on a statutory basis in 1971 under Section 59(3) of the Health Act 1970. It provides that the HSE may make arrangements for the supply without charge of drugs, medicines or medical and surgical appliances to persons suffering from a prescribed disease or disability of a permanent or long-term nature.

In 1971 the following conditions were prescribed for the purposes of section 59(3) of the Act: mental handicap, mental illness (for people under 16 only), phenylketonuria, cystic fibrosis, spina bifida, hydrocephalus, diabetes mellitus, diabetes insipidus, haemophilia, cerebral palsy, and epilepsy. The list was extended in 1973 to include conditions arising from the use of the drug thalidomide. Parkinsonism, acute leukaemia, muscular dystrophies and multiple sclerosis were added to the list of prescribed illnesses in 1975. No further conditions have been added since 1975.

The illnesses covered by the Scheme were those identified at the time as being of a long-term nature where the supply without charge of drugs, medicines or medical and surgical appliances was considered warranted for patients with these illnesses or conditions. There are no plans to extend the list of eligible conditions.

Under the Drugs Payment Scheme no individual or family pays more than €120 per calendar month towards the cost of approved prescribed medicines. The scheme is easy to use and significantly reduces the cost burden for families and individuals incurring ongoing expenditure on medicines. In addition, people who cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants may be entitled to a medical card. In the assessment process, the Health Service Executive can take into account medical costs incurred by an individual or a family. Those who are not eligible for a medical card may still be able to avail of a GP visit card, which covers the cost of general practice consultations.

Health Services

Emmet Stagg

Question:

164 Deputy Emmet Stagg asked the Minister for Health and Children the reason for the delay in providing speech therapy to a person (details supplied) in County Kildare. [41006/10]

Emmet Stagg

Question:

165 Deputy Emmet Stagg asked the Minister for Health and Children the reason for the delay in providing an assessment of needs for a person (details supplied). [41007/10]

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

As the Deputy's questions relate to service matters, I have arranged for the Health Service Executive to respond directly to the Deputy. End of Take

Airport Development Projects

Pat Breen

Question:

166 Deputy Pat Breen asked the Minister for Transport, further to Parliamentary Question No. 307 of the 18 May 2010, when his Department will issue a decision on a project (details supplied) at Shannon Airport; and if he will make a statement on the matter. [40844/10]

My Department understands that the Dublin Airport Authority is in active discussions with the Lynx group regarding the Project with meetings taking place on an ongoing basis.

Departmental Expenditure

Brian Hayes

Question:

167 Deputy Brian Hayes asked the Minister for Transport if he will provide an itemised list of payments made to external solicitors and to external barristers whose services were procured directly by the Department and by each agency and body under its aegis in the years 2007, 2008, 2009 and to date in 2010; the reason for each such procurement; if such services were procured through competitive tendering processes in every instance; and if he will make a statement on the matter. [40947/10]

The information requested by the Deputy is being compiled and will be forwarded shortly.

Public Transport

Jimmy Deenihan

Question:

168 Deputy Jimmy Deenihan asked the Minister for Transport the reasons he has increased Bus Éireann’s public service obligation subsidy to reflect CIE’s increased costs and yet refuses to increase PSO payments to an airline (details supplied) to reflect cost increases, for which the Government is directly responsible; and if he will make a statement on the matter. [41010/10]

The overall payment to CIE for PSO services has reduced from €308.627 million in 2008 to €276.188 million in 2010. PSO air services are governed by specific EU Regulations for the operation of air services and the State must abide by the tender specifications and applicable provisions of EU law. The current PSO contracts were awarded following an EU public tendering process. Ryanair tendered for the PSO contract on the Kerry Dublin route and we were obliged to take the lowest tender, which was submitted by Ryanair.

The bid met the requirements as set out in the specifications published in the EU Official Journal, which stipulated, inter alia, that three return flights per day would be provided. The bid from Ryanair also set out the compensation it required in order to operate the service. Based on that bid, Ryanair were awarded the contract to provide the scheduled air services over the three year contract period and are receiving payments in accordance with the contract.

I can assure the Deputy that I have fully met my obligations under the terms of the contract and must comply with the requirement of European Law in relation to the operation of the PSO contracts governed by Regulation 1008/2008. It is a matter for Ryanair to ensure that it also meets its obligations under the contract. Subvention payments made to the CIE companies have no relevance to the contractual arrangements relating to the provision of air services to Kerry Airport.

Garda Operations

Thomas P. Broughan

Question:

169 Deputy Thomas P. Broughan asked the Minister for Justice and Law Reform if he will report on Operation Tombola; the cost and achievements of this operation so far; and if he will make a statement on the matter. [40744/10]

I have requested this information from the Garda authorities and will respond directly to the Deputy once it is received.

Residency Permits

Willie Penrose

Question:

170 Deputy Willie Penrose asked the Minister for Justice and Law Reform the position regarding an application by a person (details supplied) for renewal of their residency permit; if in the context of their circumstances their residency permit can be extended for three years, in order to allow their Garda National Immigration Bureau card to be issued to enable them to seek work; if he will take steps to have same expedited; and if he will make a statement on the matter. [40791/10]

I am informed by the Immigration Division of my Department that the person concerned made an application for a permanent residence card as the non EU family member of an EU citizen on 29 January, 2010. The legal representative for the person referred to by the Deputy was informed of the decision to refuse this application on 30 July, 2010. A request by the applicant for a review of this decision was received on 6 September, 2010 and the decision to refuse this application is currently under review. On 10 September, 2010 EU Treaty Rights section wrote to the legal representative for the applicant requesting further documentation in relation to their client’s application for residence in the State. To date EU Treaty Rights Section has not received a reply from the applicant or their legal representative.

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.

Visa Applications

Bobby Aylward

Question:

171 Deputy Bobby Aylward asked the Minister for Justice and Law Reform the progress to date on an application for holiday visa in respect of a person (details supplied). [40812/10]

The first stage of visa application process, for the 'visit' visa application referred to by the Deputy, was completed on the 29 October 2010. Records indicate that the required documentation received was forwarded that same day by the Honorary Consulate, Bangkok to the Embassy of Ireland, Kuala Lumpar for initial consideration. I understand that the Embassy of Ireland, Kuala Lumpar is not in a position to consider the application under delegated sanction. Accordingly the application was forwarded on the 2 November 2010 to the Visa Office, Dublin for consideration and decision.

It is not possible to give an exact time frame for decision. I can however advise that Visa Officers are currently considering 'visit' visa applications received in the Visa Office, Dublin on the 15 September 2010. Based on the information provided the applicant's proposed date of entry to the State is 30 December 2010. I can advise the Deputy that where all the required documentation has been submitted and no queries remain outstanding, a decision on the application can be expected well in advance of the proposed date of entry. Once a decision on the application referred to has been made, the applicant will be informed by way of written correspondence from the Honorary Consulate, Bangkok. Details of the decision will also be made available on the website of the Irish Naturalisation and Immigration Service (www.inis.gov.ie).

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.

Tom Hayes

Question:

172 Deputy Tom Hayes asked the Minister for Justice and Law Reform when a decision on an application for a visa will issue to a person (details supplied); and if he will make a statement on the matter. [40834/10]

The first stage of the visa application process (on-line application form), for the 'Join Spouse' visa application referred to by the Deputy, was completed on the 23 August 2010. It would appear that the required documentation was received in the first instance on the 22 September 2010 in the Honorary Consulate, Istanbul. This documentation was forwarded immediately and received by the Embassy of Ireland, Ankara on the 23 September 2010. This documentation was then forwarded that same day to the Visa Office, Dublin for decision and was received on the 4 October 2010.

It is not possible to give an exact time frame for decision. I can however advise the Deputy that the application referred to is currently being considered by a Visa Officer. A decision on the application will be made in due course. Once a decision on the application referred to has been made, the applicant will be informed by way of written correspondence. Details of the decision will also be made available on the website of the Irish Naturalisation and Immigration Service (www.inis.gov.ie).

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:

173 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform, further to Parliamentary Question No. 1113 of 29 September 2010 wherein he indicated that no record of visa application could be found for the persons referred to, if he or his Department has as yet identified the persons from the visa reference numbers therein indicated (details supplied); and if he will make a statement on the matter. [40869/10]

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy made a Family Reunification application in May 2007 in respect of her father and four nieces. A decision in this case issued to the applicant on 19 January 2010 and a copy of the consideration detailing the reasons for the decision was also provided. Following an enquiry from the Deputy, a letter issued to the above named on 11 May 2010 advising her that it was open to her to submit any additional evidence which was not available at the time of application. To date no response has been received.

I should inform the Deputy that as set out in my reply to Parliamentary Question No. 1113 of 29 September, 2010 the visa reference numbers provided by the Deputy do not appear to have any link to the person concerned. Indeed, no record can be found of visa applications for the persons referred to and three of the reference numbers provided are neither current nor valid visa transaction numbers. A further two reference numbers, whilst appearing on the visa system to be valid visa transaction numbers, do not however on the face of it, have any link to what appears to be the reference in Ireland.

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:

174 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the progress to date in the determination of residency, citizenship status entitlement in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [40870/10]

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. However, 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:

175 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the progress to date in the determination of residency and citizenship status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [40871/10]

The persons referred to claimed asylum in the State in 2003 and had their claims examined by the Office of the Refugee Applications Commissioner which recommended that they be recognised as refugees. Based on this recommendation, they were issued with a formal declaration of refugee status by letters dated 14/09/2004. This communication also advised them of the rights and entitlements accompanying refugee status in the State. They continue to hold the status of refugee in the State.

Valid applications for certificates of naturalisation from the persons referred to in the Deputy's Question were received in the Citizenship Division of my Department in November 2008. Officials in the Citizenship Division inform me that processing of both applications is ongoing and the files will be submitted to me for a decision in due course.

Bernard J. Durkan

Question:

176 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the progress to date in the determination of residency and citizenship status entitlement in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [40872/10]

I refer the Deputy to my detailed Reply to his earlier Parliamentary Question, No 385 of Thursday, 8 July 2010 and the written Reply to that Question. The position in the State of the person concerned now falls to be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

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:

177 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform, further to Parliamentary Question No. 170 of 1 July 2010, if he will indicate whether the case in question was at any time considered by a person or persons not known to have ever granted residency status to anyone; and if he will make a statement on the matter. [40873/10]

I refer the Deputy to my detailed Reply to his Parliamentary Question No. 170 of Thursday, 1 July 2010, in this matter. As stated in that response 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.

The position in the State of the person concerned will now 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.

However, 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:

178 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the progress to date in determination of residency entitlement in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [40874/10]

I refer the Deputy to my Reply to his Parliamentary Question, No 154 of Thursday, 27 May 2010, and the written Reply to that Question. The position in the State of the person concerned now falls to be considered for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 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 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:

179 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the progress to date in determination of residency entitlement in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [40875/10]

I refer the Deputy to my detailed Reply to his earlier Parliamentary Question, No 153 of Thursday, 27 May 2010, and the written Reply to that Question. The position in the State of the person concerned now falls to be considered for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006) and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

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

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:

180 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the progress to date in the determination of residency status entitlement in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [40876/10]

Arising from the refusal of their asylum applications, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the first named person concerned was notified, by letter dated 21 November 2005, the second person concerned, by letter dated 25 November 2005, and the third and fourth persons concerned, by separate letters dated 28 June 2010, that the Minister proposed to make Deportation Orders in respect of them. They were given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against them. In addition, the third and fourth persons concerned were notified of their entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The second person concerned initiated Judicial Review Proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in his case. The High Court refused the Judicial Review Leave Application with the consequence that the earlier decisions of the Refugee Appeals Tribunal and the Minister stood.

The position in the State of the persons concerned will now 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 files are 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 persons 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:

181 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform when residency status will be renewed in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [40877/10]

The person concerned has been granted Permission to Remain in the State for the period to 10 January 2011. This decision was conveyed in writing to the person concerned by letter dated 10 January 2008. An application for the renewal of this permission has been received in my Department and this application will be considered at the appropriate time.

However, 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:

182 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform to indicate if and when a person (details supplied) in County Carlow will qualify for naturalisation; and if he will make a statement on the matter. [40878/10]

I am not in a position by way of answer to a Parliamentary Question to indicate whether or not individual naturalisation cases will succeed. The general position in relation to a foreign national adult who is not the spouse of an Irish citizen nor a refugee or stateless person is as follows:

The Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. These are that the applicant must—

be of full age

be of good character

have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years

have made, either before a Judge of the District Court in open court or in such a manner as the Minister for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State

In the context of naturalisation, certain periods of residence in the State are excluded. These include—

periods of residence in respect of which an applicant does not have permission to remain in the State

periods granted for the purposes of study

periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act, 1996.

Further information and application forms are available on the Irish Naturalisation and Immigration Services website at http://www.inis.gov.ie.

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

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:

183 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the position regarding entitlement in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [40879/10]

I have been informed by the Irish Naturalisation and Immigration Service that the second-named person referred to by the Deputy was granted long term residency in the State on 8 June 2010 and subsequently has had her permission to remain extended until 8 June 2015.

However, the first-named person does not meet the qualifying criteria for long term residency. Applications for long term residency are considered in respect of persons who have resided legally (endorsements in passport) for a period of 60 months or longer on the basis of Work Permit conditions. An exemption from Work Permit requirements is considered at the same time. The person in question has had only three work permits in the State since 2003. He will be allowed to remain in the State as a dependant of his wife, but will require a work permit to take up employment in the State.

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:

184 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the progress to date in the determination of residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [40880/10]

I am informed by the Immigration Division of my Department that an application for residence based on EU Treaty Rights has been received in respect of the person referred to by the Deputy. As the Deputy will be aware, on 28 September, 2010 EU Treaty Rights Section wrote to the Deputy, as the appointed representative of the applicant, attaching a letter for the applicant's attention requesting further supporting documentation in relation to the application for residence in the State. To date EU Treaty Rights Section has not received a reply from the applicant or the Deputy.

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.

Deportation Orders

Bernard J. Durkan

Question:

185 Deputy Bernard J. Durkan asked the Minister for Justice and Law Reform the progress to date and expected in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [40881/10]

Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 29 November 2005, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her.

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

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.

Liquor Licensing Laws

Noel Ahern

Question:

186 Deputy Noel Ahern asked the Minister for Justice and Law Reform the position regarding the selling to under age persons of alcohol products; if he will provide the enforcing agency in this case; the persons that would have to give evidence in court and so on; and if he will make a statement on the matter. [40901/10]

Section 31 of the Intoxicating Liquor Act 1988, as amended, contains provisions which prohibit a licensee from selling, or permitting any person from selling, intoxicating liquor to persons under the age of 18 years. The penalties applicable on conviction for offences under this section have been updated most recently in sections 13 and 17 of the Intoxicating Liquor Act 2008.The enforcement of the law in this area is a matter for the Garda Síochána.

Noel Ahern

Question:

187 Deputy Noel Ahern asked the Minister for Justice and Law Reform the position regarding home deliveries of alcohol products; if home deliveries are in accordance with legislation; if the products should be paid for on a licensed premises; if paying over the phone or e-mail by bank card is in order; if advertising the fact that you have a delivery service with or without specifying the delivery charge is in order; and if delivering to a location (details supplied) other than a dwelling is in order. [40902/10]

Provisions relating to the sale and supply of intoxicating liquor are set out in the Licensing Acts 1833 to 2010. The Acts deal specifically with the delivery of intoxicating liquor to persons under the age of 18 years. Under section 31(2) of the Intoxicating Liquor Act 1988 (as amended), it is an offence for a license holder to sell or deliver, or permit any other person to sell or deliver, intoxicating liquor for consumption by a person under the age of 18 years in any place except with the explicit consent of the person's parent or guardian in a private residence in which he or she is present either as of right or with permission. I am considering the need for any additional provisions in relation to deliveries in the context of the forthcoming Sale of Alcohol Bill.

Garda Vetting of Personnel

Richard Bruton

Question:

188 Deputy Richard Bruton asked the Minister for Justice and Law Reform if any special measures or redeployment is planned to deal with the backlog in the Garda vetting unit for the clearing of persons who have secured posts in children’s services; and if he will make a statement on the matter. [40912/10]

The Garda Central Vetting Unit (GCVU) provides employment vetting for a large number of organisations in Ireland registered with the Gardaí for this purpose. Since 2004 the service has been, and continues to be, extended to organisations working with children and/or vulnerable adults. Over that period there has been a substantial increase in the numbers of vetting applications received by the GCVU. In 2007 it received 187,864, rising to 218,404 in 2008. In 2009 it received over 246,000 applications. At present, there are approximately 60,000 vetting applications in the course of being processed.

I am informed by the Garda Authorities that the current average processing time for vetting applications received at the GCVU is approximately 12 weeks. 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 kept under review.

Crime Prevention

Cyprian Brady

Question:

189 Deputy Cyprian Brady asked the Minister for Justice and Law Reform if he is satisfied that the Garda has the necessary powers to deal with the problem of persons openly using drugs in certain Dublin city centre areas (details supplied); the steps he will take to minimise the impact on local businesses and their staff, local residents and tourists in the area. [40927/10]

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

Illegal Immigrants

Michael D. Higgins

Question:

190 Deputy Michael D. Higgins asked the Minister for Justice and Law Reform the operational approach taken during deportation procedures with specific reference to the way those deported are treated when they arrive in the country to which they have been deported; if there are procedures operated by Irish officials in place to help those persons who have been deported to adapt and accustom themselves to their new surroundings; if Irish embassies and consulates are used in this regard; and if he will make a statement on the matter. [40928/10]

The Garda National Immigration Bureau is responsible for effecting removals from the State including the escorting of deportees while on flights. I am informed by the Garda National Immigration Bureau that prior to all such flights, contact is made with the relevant Embassies and they are made aware of names of all deportees and any other relevant information. It has been the experience to date that deportees are, in most circumstances, met upon arrival by family members. Deportees are returned to their country of origin in which case they would be familiar with their surroundings.

Departmental Expenditure

Brian Hayes

Question:

191 Deputy Brian Hayes asked the Minister for Justice and Law Reform if he will provide an itemised list of payments made to external solicitors and to external barristers whose services were procured directly by the Department and by each agency and body under its aegis in the years 2007, 2008, 2009 and to date in 2010; the reason for each such procurement; if such services were procured through competitive tendering processes in every instance; and if he will make a statement on the matter. [40944/10]

I can inform the Deputy that, for the most part, the legal services sought by my Department and its associated bodies are co-ordinated and paid for by the Office of the Attorney General and Office of the Chief State Solicitor. These services are typically sought in the context of the preparation of legislation, legal advice in respect of policy issues and in the management of litigation including judicial reviews.

In a number of instances, my Department and its associated bodies, in accordance with normal procurement procedures, have sought and paid for legal advice and services additional to those provided for centrally by the Attorney General and the Chief State Solicitor. However, in the time available to reply to this Question, it is not feasible to extract the information sought by the Deputy without a disproportionate use of resources in gathering and compiling the list of payments sought.

Criminal Prosecutions

Pat Rabbitte

Question:

192 Deputy Pat Rabbitte asked the Minister for Justice and Law Reform if the investigation in a newspaper of 23 October 2010 has been drawn to his attention in respect of the unlawful killing of a person (details supplied); his views that the content warrants the reopening of this case; his further views that the circumstances described warrant investigation under the Commissions of Investigation Act; and if he will make a statement on the matter. [40951/10]

I am informed by the Garda authorities that the incident referred to was the subject of investigation by An Garda Síochána, which resulted in the submission of an investigation file to the law officers, who directed charges of manslaughter and assault be proffered. At the ensuing trial, following evidence given by the State pathologist, directions to acquit were given by the judge. The question of reopening a criminal investigation into any aspect of this matter is one for An Garda Síochána. There are no plans in relation to the establishment of a Commission of Investigation in the matter.

Control of Firearms

Emmet Stagg

Question:

193 Deputy Emmet Stagg asked the Minister for Justice and Law Reform if he has received the statutory annual report of the Garda Commissioner as required by section 31 of the Criminal Justice (Miscellaneous Provisions) Act 2009 detailing his review of the operation of the Firearms Acts 1925 to 2009 for the firearms licensing period ending 31 July 2010 and if so when he intends to lay a copy of such report before each House of the Oireachtas; if he has not received the Commissioner’s report, can he please inform the House of the following: when he expects to receive the report from the Garda Commissioner and the reason for the delay in the Commissioner submitting a report of statistical information which has been available since 31 July 2010. [41008/10]

As the Deputy will appreciate, the changeover to the new licensing regime has been a significant project, involving not just legislative change and the associated project management and IT developments, but also a District level audit of all licensed firearms. I can inform the Deputy that approximately 200,000 new three year licences have been issued and that there has been a significant number of old, 1 year firearms certificates, cancelled. I expect to have the Commissioner's report when the process of collating and assessing data is finalised. I will then take the necessary steps in relation to it.

Garda Stations

Frank Feighan

Question:

194 Deputy Frank Feighan asked the Minister for Justice and Law Reform if funding will be made available to carry out minor improvements to the Garda barracks (details supplied). [41028/10]

The programme of refurbishment of Garda accommodation is based on agreed priorities established by An Garda Síochána. This programme is progressed by the Office of Public Works, who have responsibility for the maintenance of Garda accommodation. Any refurbishment works to be carried out in respect of the station referred to by the Deputy will be considered in the context of An Garda Síochána's identified accommodation priorities and in the light of available resources.

Departmental Expenditure

Brian Hayes

Question:

195 Deputy Brian Hayes asked the Minister for Foreign Affairs if he will provide an itemised list of payments made to external solicitors and to external barristers whose services were procured directly by the Department and by each agency and body under its aegis in the years 2007, 2008, 2009 and to date in 2010; the reason for each such procurement; if such services were procured through competitive tendering processes in every instance; and if he will make a statement on the matter. [40942/10]

As the Deputy will be aware, Government Departments do not directly pay for the legal services provided by the Office of the Attorney General, the Chief State Solicitor's Office and the State Claims Agency or for advice from Counsel briefed by them. My Department has a Legal Division, staffed by qualified legal professionals who provide legal advice on a wide range of international legal issues. Having such ‘in-house' legal experts reduces the costs which would be incurred if the Department was to engage externally for similar services.

Nevertheless, there are from time to time occasions where a need to engage external legal services arises, where the necessary specialised expertise is not available within my Department and cannot be accessed from the Attorney General, the Chief State Solicitor's Office or the State Claims Agency, for example in regard to advice relating to the lease or purchase of embassy properties abroad. I have provided details in the following table on the total costs for external legal services in respect of advice sought in Ireland and overseas for the period in question. I regret that it is not possible in the timeframe to provide a detailed breakdown of these costs.

Year

2007

2008

2009

2010 (to date)

Cost of External Legal services

299,830

217,443

168,674

231,397

The procurement of legal services remains subject to basic EU treaty obligations of transparency and non-discrimination as well as being subject to the general requirement under Department of Finance and Comptroller and Auditor General (C&AG) guidelines that services of this nature must be procured by competitive process.

Social Welfare Code

Finian McGrath

Question:

196 Deputy Finian McGrath asked the Minister for Social Protection if he will respond to a query (details supplied). [40847/10]

The question asked relates to the impact of the habitual residence condition on returning Irish emigrants. The current guidelines regarding determination of habitual residence address the issue of returning emigrants very specifically under the heading: Resuming previous residence. "A person who had previously been habitually resident in the State or within the Common Travel Area and who moved to live and work in another country and then resumes his/her permanent residence in the State may be regarded as being habitually resident immediately on his/her return to the State.

In determining habitual residence in such cases the deciding officer should take account of

purpose of return e.g. expiry of foreign residence permit

the applicant's stated intentions

verified arrangements which have been made in regard to returning on a long-term basis e.g. transfer of financial accounts and any other assets

length and continuity of the previous residence in the State

the record of employment or self employment in another State and

whether s/he has maintained links with the previous residence and can be regarded as resuming his/her previous residence rather than starting a new period of residence."

The information sought from an applicant who has returned to the State will therefore include such elements as: how long they were previously resident here, why they left, how long they lived in various countries abroad and why they lived there, why they have returned, and whether they own property in Ireland or abroad. It is generally found that this information is sufficient to enable the deciding officer to determine whether their present circumstances in Ireland indicate a temporary visit or habitual residence.

Finian McGrath

Question:

197 Deputy Finian McGrath asked the Minister for Social Protection if the invalidity pension will be cut in the next budget. [40851/10]

Social welfare expenditure for 2011, including expenditure on invalidity pension payments, will be considered in the context of the forthcoming Budget, having regard both to needs and to the resources available to meet those needs. In an uncertain economic environment, my priority will be to ensure that the Government strategy to stabilise the financial position is advanced and to protect those most in need in a manner which is sustainable in the years ahead.

Social Welfare Benefits

Bernard J. Durkan

Question:

198 Deputy Bernard J. Durkan asked the Minister for Social Protection, further to Parliamentary Question No. 175 of 14 October 2010, if the question of payment of child benefit has been resolved; if the negotiations with other jurisdictions have been concluded and if and when payment will be authorised in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [40885/10]

Correspondence issued to the Lithuanian authorities on 12 October 2010 in relation to the person concerned, querying her entitlement to family benefits in that State as her son now resides there. No reply has been received to date, but based on experience of this type of case a reply from the Lithuanian authorities could take between 3 and 6 months. On receipt of a reply from the Lithuanian authorities entitlement to Child Benefit will be examined and the person concerned will be notified accordingly.

Bernard J. Durkan

Question:

199 Deputy Bernard J. Durkan asked the Minister for Social Protection the reason a difference in determination of means emerged in the case of a person (details supplied) in County Kildare; if he will ensure the case is fully investigated; and if he will make a statement on the matter. [40886/10]

The person concerned applied for disability allowance on 27 August 2009. He was assessed with weekly means of €437.52 based on his spouse's earnings from insurable employment. As this exceeded the (then) statutory limit of €339.90 per week for payment of disability allowance his claim was refused. Means are assessed on the claimant's own means and that of their spouse/partner subject to certain exceptions laid down in legislation. Mortgage repayments are not included in these exceptions and are therefore not deductible when assessing means.

A letter issued to the person concerned on 7 December 2009 advising him of this decision and advising him of his right of appeal to the Social Welfare Appeals office within 21 days. The person concerned subsequently appealed the decision. Based on the evidence, the appeals officer found that the person had failed to show that his means did not exceed the statutory limit applicable from 2 September 2009 and the appeal was disallowed. He was notified of this decision by letter on 20 May 2010. An appeals officer's decision is final and conclusive in the absence of any fresh facts or evidence.

Bernard J. Durkan

Question:

200 Deputy Bernard J. Durkan asked the Minister for Social Protection if and when jobseeker’s benefit will be paid in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [40887/10]

One of the persons concerned is in receipt of jobseeker's benefit since June 2010. The second person concerned applied for jobseeker's allowance from 17th September 2010 having exhausted her entitlement to jobseeker's benefit. She will be interviewed by an Inspector regarding her means in the next week and a decision will be made on her claim when the means assessment is completed. The second person concerned has been advised that if her jobseeker's allowance claim is awarded the amount payable on both claims will be limited to the amount one would receive if they claimed for the other as a qualified adult and that they have the option of the first person concerned claiming the full qualified adult and qualified child rate while awaiting a decision on her claim.

Bernard J. Durkan

Question:

201 Deputy Bernard J. Durkan asked the Minister for Social Protection, further to Parliamentary Question No. 182 of 14 October 2010, when it is expected to reinstate rent supplement in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [40888/10]

In reply to Parliamentary Question No. 182 of 14th October 2010 I advised the Deputy that the person in question had been asked to supply information to the HSE, only part of which has been supplied to date. The HSE is still awaiting the information from the person concerned in order to determine entitlement to rent supplement.

Social Welfare Appeals

Bernard J. Durkan

Question:

202 Deputy Bernard J. Durkan asked the Minister for Social Protection when an appeal in respect of child benefit and one parent family allowance will be decided in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [40889/10]

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

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.

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. 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

Bernard J. Durkan

Question:

203 Deputy Bernard J. Durkan asked the Minister for Social Protection the correct level of rent support payable in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [40890/10]

The Health Service Executive has advised that the person concerned has been awarded rent supplement of €658.30 per month which is the maximum amount payable based on her household circumstances.

Departmental Expenditure

Brian Hayes

Question:

204 Deputy Brian Hayes asked the Minister for Social Protection if he will provide an itemised list of payments made to external solicitors and to external barristers whose services were procured directly by the Department and by each agency and body under its aegis in the years 2007, 2008, 2009 and 2010; the reason for each such procurement; if such services were procured through competitive tendering processes in every instance; and if he will make a statement on the matter. [40945/10]

The information requested is not immediately available in my Department but is being compiled at present and my officials will write to the Deputy when it is available.

Social Welfare Benefits

Dan Neville

Question:

205 Deputy Dan Neville asked the Minister for Social Protection his views on a matter (details supplied); and if he will make a statement on the matter. [40956/10]

The Health Service Executive (HSE) has advised that there is no record of an application for mortgage interest supplement from the person concerned. If the person concerned wishes to make an application for mortgage interest supplement he should contact the community welfare officer at his local health centre.

Willie Penrose

Question:

206 Deputy Willie Penrose asked the Minister for Social Protection the reason rent supplement has been suspended in respect of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [40981/10]

The Health Service Executive (HSE) informed the person concerned on 24 August 2010 that he should seek accommodation within the relevant prescribed maximum rent limits or seek a reduction in the rent charged by the landlord. The HSE advised the person concerned that payment of rent supplement would continue for an 8 week period after which his rent supplement would cease if he did not either source alternative accommodation within the relevant prescribed maximum rent limits or obtain a reduction in the rent charged by the landlord within that period.

As the person concerned has not been in contact with the HSE in that regard, the payment of rent supplement has now been suspended. If the person concerned wishes to discuss their entitlement to rent supplement he should contact the community welfare officer at his local health centre.

Michael Ring

Question:

207 Deputy Michael Ring asked the Minister for Social Protection the position regarding the case of a person (details supplied) in County Mayo. [40988/10]

The back to work claim of the person concerned is being examined to determine if there is an entitlement to arrears for the period in question. A decision will be made as soon as possible and she will be notified of the outcome.

Social Welfare Code

Róisín Shortall

Question:

208 Deputy Róisín Shortall asked the Minister for Social Protection the specific sections and subsections of each Social Welfare Act in 2008, 2009 and 2010 that have not yet been commenced. [40995/10]

The information requested by the Deputy is set out in the attached tables.

Social Welfare and Pensions Act 2008

Section 5

Transfer of Pension rights to EC Institution Scheme.

Sections 12, 13, 14

Blind Welfare Allowance.

Sections 18(2), 18(3), 18(4)

Supplementary Welfare Allowance.

Social Welfare (Miscellaneous Provisions) Act 2010

Section 3

Normal residence of qualified child — amendment.

Section 6

Amendment to Section 40 (Illness Benefit) of the Principal Act.

Section 14

Amendment to Section 220 (Child Benefit) of the Principal Act (Qualified Person amendment).

Section 18

Jobseeker’s Benefit — Reduction in rates in certain circumstances.

Section 19

Jobseeker’s Allowance — Reduction in rates in certain circumstances.

Section 20

Supplementary Welfare Allowance — reduction of weekly amount in certain circumstances.

Section 25

One-Parent Family Payment amendments.

Part 3

Functions of Minister relating to An Foras Áiseanna Saothair.

Part 5

Expenses relating to administration of Part 3.

Civil Registration

Róisín Shortall

Question:

209 Deputy Róisín Shortall asked the Minister for Social Protection his intention, if any, to alter civil registration legislation to address anomalies whereby some couples can avoid paying marriage notification fees. [40996/10]

The matter raised by the Deputy refers to the fact that parties to a proposed marriage who obtain a court exemption from the requirement to give to a registrar three months notification of intention to marry are not required to pay the notification fee which is currently €150. A general review of the provisions of the Civil Registration Act 2004 is being carried out by An tArd-Chláraitheoir (Registrar General) who has statutory responsibility in relation to the administration of the Civil Registration Service. It is expected that this review will be completed early in 2011. The matter raised by the Deputy will be included in the review. As the Deputy is aware, there are a number of steps to be taken before any amending legislation might come before the Oireachtas and it is not possible to be definite as to timescales at this juncture.

Departmental Expenditure

Brian Hayes

Question:

210 Deputy Brian Hayes asked the Minister for Tourism, Culture and Sport if she will provide an itemised list of payments made to external solicitors and to external barristers whose services were procured directly by the Department and by each agency and body under its aegis in the years 2007, 2008, 2009 and to date in 2010; the reason for each such procurement; if such services were procured through competitive tendering processes in every instance; and if she will make a statement on the matter. [40946/10]

In general, whenever the Department requires legal services it obtains these from the Office of the Attorney General and/ or the Office of the Chief State Solicitor. Any associated fee costs are borne directly by those two Offices. However, on occasion and in exceptional circumstances the Department, including the National Archives, may obtain legal services from other sources. These are set out in the table for the period in question.

Year

Name of Solicitor or Barrister

Amount paid

Reason

Competitive Tendering Process

2007

Nil

2008

Nil

2009

McCann Fitzgerald

4,860.00

State aid issues (Cultural Institutions)

No

2010

McCann Fitzgerald

883.30

Advice on Arts and Culture Enhancement Support Scheme

No

In the case of agencies and bodies under the aegis of the Department the securing of external legal services and the associated fee costs are a matter for the agencies and bodies themselves.

Local Authority Charges

Joe McHugh

Question:

211 Deputy Joe McHugh asked the Minister for the Environment, Heritage and Local Government if he will review the imposition of a non-principal residential tax on a person (details supplied); and if he will make a statement on the matter. [40957/10]

The Local Government (Charges) Act 2009, which introduces the charge on non-principal private residences, has as its starting position a universal liability for residential property in respect of the charge. It goes on to exempt certain buildings and owners from this liability, the most important exemption being where a property is occupied by the owner as his or her sole or main residence on the liability date. If the owner does not live in the property as his or her sole or main residence, it becomes liable for the charge unless otherwise exempt, even if it is the only property that person owns. The use to which the property is put — whether it is vacant, rented out or used as a holiday home — is irrelevant for the purposes of the Act.

The Local Government (Charges) Act 2009 places collection of the charge under the care and management of the relevant local authority and I, as Minister for the Environment, Heritage and Local Government, do not have any review or appeal function under the provisions of the Act.

Consultancy Contracts

James Bannon

Question:

212 Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government the amount of money paid to consultants in County Longford for studies and reports in the past five years; the benefits to the county; if these reports could have been prepared in-house; and if he will make a statement on the matter. [40739/10]

James Bannon

Question:

213 Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government the amount of money paid to consultants in County Westmeath for studies or reports in the past five years; the benefits to the county; if these reports could have been prepared in-house; and if he will make a statement on the matter. [40740/10]

I propose to take Questions Nos. 212 and 213 together.

In 2008, my Department engaged ERA Maptec Limited to prepare documentation for the proposed nomination of the Monastic City of Clonmacnoise and its Cultural Landscape to the World Heritage List; part of the area covered by the work lies within County Westmeath. Inclusion in the World Heritage List will increase international recognition for the site, leading to an increased number of visitors to the area. It was considered desirable to engage these consultants to enhance the quality of the nomination. The sum of €83,858 has been paid to the consultants in respect of this work. In addition, payments may be made to consultants locally and recouped from my Department's capital budget in respect of capital investment programmes funded from the Exchequer.

Water and Sewerage Schemes

Michael Ring

Question:

214 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the position regarding the Belmullet sewerage scheme in County Mayo. [40754/10]

Further to the reply to Question No. 514 of 29 June 2010, my Department still awaits the submission of additional information from Mayo County Council, in particular the Certificate of Completion of Planning, to enable the Department to complete its assessment of the Council's contract documents for the collection network element of the Belmullet Sewerage Scheme. My Department is also assessing the Council's design brief for the appointment of consultants to advance the procurement of the wastewater treatment plants at Belmullet, Charlestown and Foxford under a separate Design Build Operate contract. A decision in this matter will be notified to the Council as soon as possible.

Turbary Rights

Denis Naughten

Question:

215 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government the total number of applications received from householders for a grant payment in lieu of cutting turf on designated bogs; the number approved and rejected; the total provision and payment made for this scheme; and if he will make a statement on the matter. [40800/10]

Denis Naughten

Question:

216 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government the number of active turf cutters on each of the 32 designated bogs which are due for closure for turf cutting in the next season; and if he will make a statement on the matter. [40801/10]

Denis Naughten

Question:

217 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government the total provision made in 2010 for the purchase of designated bog; the total paid to date; the provision for 2011; and if he will make a statement on the matter. [40802/10]

Denis Naughten

Question:

218 Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government the provision made for the payment of compensation to turf cutters in 2011; when he intends to make an announcement on the proposed scheme; and if he will make a statement on the matter. [40803/10]

I propose to take Questions Nos. 215 to 218, inclusive, together.

My Department has received 278 applications for the Interim Compensation for Winter 2010/11 Scheme. So far, 53 of these applications have been deemed to be invalid and 141 have been approved for payment. Of these, the payment of the €1,000 has been completed on 115 applications. A further 84 are being assessed. In total, it is estimated that there are about 750 active cutters on the 32 Raised Bog SACs.

For this year, there is a provision of €4.35m for the compensation of landowners/holders of turbary rights within the designated raised bog areas. This provision covers both the Bog Purchase Scheme and the compensation of commercial turf cutters, but not the interim compensation scheme referred to above. So far this year, expenditure has reached approximately €0.65m. My Department is continuing to work on the details of longer-term compensation for turf cutters, and I will make recommendations to Government as soon as possible. The financial provisions for 2011 will be determined in the context of the annual estimates provisions.

Water and Sewerage Schemes

Billy Timmins

Question:

219 Deputy Billy Timmins asked the Minister for the Environment, Heritage and Local Government the position regarding a matter (details supplied); and if he will make a statement on the matter. [40813/10]

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 Wicklow. Three contracts under the Arklow Sewerage Scheme are included in the Programme amongst the list of contracts in the county to start in the period 2010-2012.

The major contract relates to the proposed wastewater treatment plant. I understand that the unsuccessful applicant to the High Court for a judicial review of An Bord Pleanála's decision to grant approval for the wastewater treatment plant was given leave to appeal to the Supreme Court and has exercised that option. The hearing was held on 2 December 2009 and the Council is awaiting the Supreme Court's decision in the matter. Further progress on this element of the scheme together with the contract for the Northern and Southern Interceptor Network will be dependent on the decision of the Court. The Council has recently submitted a proposal to my Department for the upgrade of the South Green and Harbour Road Network contract and this is currently being considered.

Local Authority Charges

Finian McGrath

Question:

220 Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government if he will support a matter (details supplied). [40828/10]

Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Act 2001. The levying and collection of rates are matters for each individual local authority. However, I have urged local authorities to exercise restraint in setting the Annual Rate on Valuation (ARV) in this and previous years and they have responded positively in this regard. Across the 88 local authorities the average change of ARV from 2009 to 2010 shows a decrease of 0.62%. As part of a range of measures to aid economic recovery, I am clear on the need for continued reductions in commercial rates over the coming years.

Finian McGrath

Question:

221 Deputy Finian McGrath asked the Minister for the Environment, Heritage and Local Government if he will support the issues raised in a query (details supplied). [40831/10]

Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Act 2001. The levying and collection of rates are matters for each individual local authority.

Litter Pollution

Noel Ahern

Question:

222 Deputy Noel Ahern asked the Minister for the Environment, Heritage and Local Government his plans to change the legislation regarding fines due for litter left at bottle banks; if he will ask local authorities to use their discretion and pursue the serious offenders rather than some marginal cases as covered by media lately or else introduce a staged fine system where minor or serious offenders could be treated appropriate to the offence, whereas currently some enforcement is seen as over zealous; and if he will make a statement on the matter. [40895/10]

The Litter Pollution Acts 1997 to 2009 provide a strong statutory framework for combating litter pollution. Under the Acts, the primary management and enforcement response to littering must come from the local authorities. Therefore, it is a matter for each local authority to decide on the most appropriate enforcement actions in their areas, taking account of local circumstances and priorities.

Local authorities are independent statutory bodies, with democratically elected councils and their own management system and it is a matter for each local authority to determine the most appropriate course of action to tackle litter pollution within the legislation provided.

There is a range of penalties in place for offences under the Litter Pollution Acts, ranging from an on-the-spot fine of €150 for more minor offences, to a maximum fine of €3,000 on summary conviction and a maximum fine of €130,000 on conviction on indictment for more serious offences. The fines for continuing offences following conviction are €600 per day for summary offences and €10,000 per day for indictable offences. A person convicted of a litter offence may also be required by the Courts to pay the local authority's costs and expenses in investigating the offence, taking remedial action to remove the litter and in bringing the prosecution. Taking into account the provisions set out above I have no plans to amend the Litter Pollution Acts at this time.

Departmental Expenditure

Brian Hayes

Question:

223 Deputy Brian Hayes asked the Minister for the Environment, Heritage and Local Government if he will provide an itemised list of payments made to external solicitors and to external barristers whose services were procured directly by the Department and by each agency and body under its aegis in the years 2007, 2008, 2009 and to date in 2010; the reason for each such procurement; if such services were procured through competitive tendering processes in every instance; and if he will make a statement on the matter. [40940/10]

The information requested in respect of payments made by my Department between 2007 and to date in 2010 is set out in the following table. This does not include costs associated with the Planning Tribunal; payments of this nature by agencies or bodies under the aegis of my Department are a matter for the agency or body concerned.

Area

Solicitor/Barrister Name

Description of Services

Amount

Year Paid

Competitive Tending Process

Built Heritage and Architectural Policy

J.A. Shaw & Co Solicitors

Ascertaining title to Cadamstown Bridge, correspondence with Offaly County Council, OPW, Chief State Solicitor’s Office leading to execution of Guardianship Agreement.

1,758

2007

No

National Parks & Wildlife Service

McCann Fitzgerald Solicitors

Expert advice on issues arising from a drainage works contract.

152,594

2007

No

National Parks & Wildlife Service

McCann Fitzgerald Solicitors

Expert advice on issues arising from a drainage works contract.

15,378

2008

No

National Parks & Wildlife Service

McCann Fitzgerald Solicitors

Expert advice on issues arising from a drainage works contract.

21,198

2009

No

National Parks & Wildlife Service

McCann Fitzgerald Solicitors

Expert advice on issues arising from a drainage works contract.

7,017

2010

No

National Parks & Wildlife Service

Wesley Farrell

Infringement Proceedings in relation to the Habitats Directives. Drafting amending Regulations to address the European Court of Justice Judgement C418-04

12,100

2008

Yes

National Parks & Wildlife Service

Wesley Farrell

Infringement Proceedings in relation to the Habitats Directives. Drafting amending Regulations to address the European Court of Justice Judgement C418-04

45,249

2009

Yes

National Parks & Wildlife Service

Wesley Farrell

Infringement Proceedings in relation to the Habitats Directives. Drafting amending Regulations to address the European Court of Justice Judgement C418-04

15,997

2010

Yes

National Parks & Wildlife Service

Elizabeth Cogan

Expert advice on addressing the European Court of Justice Judgement C418-04

19,729

2008

Yes

National Parks & Wildlife Service

Elizabeth Cogan

Expert advice on addressing the European Court of Justice Judgement C418-04

18,207

2009

Yes

Area

Solicitor/Barrister Name

Description of Services

Amount

Year Paid

Competitive Tending Process

National Parks & Wildlife Service

Elizabeth Cogan

Expert advice on addressing the European Court of Justice Judgement C418-04

8,719

2010

Yes

Housing Division

William Fry Solicitors

Legal advice on contracts for Rental Accommodation Scheme.

13,310

2007

Yes

Housing Division

William Fry Solicitors

Legal advice on contracts for Rental Accommodation Scheme.

15,625

2008

Yes

Housing Division

William Fry Solicitors

Legal advice on contracts for Incremental Purchase Scheme.

48,840

2008

Yes

Housing Division

William Fry Solicitors

Legal advice on contracts for Tenant Purchase of Apartments Scheme.

48,857

2008

Yes

Air Quality

Eugene Regan

Legal services re transposition of Large Combustion Plants Directive

901

2009

No

Nuclear Safety

Philipe Sands

Legal services — nuclear safety issues

4,117

2007

No

Nuclear Safety

Philipe Sands

Legal services — nuclear safety issues

1,565

2008

No

Nuclear Safety

Niamh Hyland

Legal services — nuclear safety issues

6,060

2008

No

Nuclear Safety

Eoghan Fitzsimons

Legal services — nuclear safety issues

12,120

2008

No

Nuclear Safety

PaulSreenan

Legal services — nuclear safety issues

10,100

2008

No

Flood Relief

Michael Ring

Question:

224 Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government, further to Parliamentary Question No. 230 of 13 October 2010, if the report on the design work has been evaluated; when will a response issue to the Office of Public Works in relation to the flood mitigation works in Roundfort-Hollymount; and if he will make a statement on the matter. [40952/10]

Following the evaluation of the report received by my Department on 8 October 2010 from the Office of Public Works (OPW), a meeting was held recently between my Department and OPW to clarify certain technical issues concerning the proposed work. The OPW since provided to my Department further information requested at the meeting and a response will issue shortly.

Turbary Rights

Maureen O'Sullivan

Question:

225 Deputy Maureen O’Sullivan asked the Minister for the Environment, Heritage and Local Government, further to Parliamentary Questions Nos. 234, 235 and 236 of 20 October 2010, the way peat extraction operations in raised bog and blanket bog special areas of conservation and natural heritage area effect has been given to the requirement of a determination under Article 4 of Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment and if his attention has been drawn to any determinations having been made since SI 364 of 2005 removed the previous key exemptions for peat extraction in the Planning and Development Regulations SI 600 of 2001. [40953/10]

For projects requiring consent of planning authorities or national authorities, Directive 85/337/EEC as amended provides for environmental impact assessment (EIA) where there is likely to be a significant effect on the environment. Peat extraction is listed in Annex 2 of the Directive, making it a matter for Member States to determine the thresholds or criteria beyond which EIA is required before consent is necessary or can be given. However, both planning authorities and An Bord Pleanála have power under the 2001 Planning Regulations to request an applicant to submit an EIS for any development which falls below the EIA thresholds but which may have significant effects on the environment. In general, planning permission is required for new or extended areas of peat extraction of 10 hectares or more. This has been interpreted as including the combined area of existing site plus extension.

Furthermore, the Planning and Development Regulations of 2005 removed any exemption and required planning permission if peat extraction was likely to have significant effects on the environment by reference to the criteria set out in Schedule 7 of the 2001 Regulations, unless the proposed extraction was on an area of less than 10 hectares and was on a Natura 2000 site or a Natural Heritage Area. These protected sites are regulated under the EC (Natural Habitats) Regulations and the Wildlife Acts, respectively. Extraction works in new areas of under 10 hectares in these protected sites require consent from me, as relevant Minister, under the Habitats Regulations and the Wildlife Acts in lieu of planning permission.

EIA is required for any new or expanded peat extraction development of 30 hectares or more, irrespective of the status of the site. I understand that there have been a number of cases in which my Department, the EPA or a planning authority has determined that an EIA is required.

Departmental Agencies

Noel Ahern

Question:

226 Deputy Noel Ahern asked the Minister for Communications, Energy and Natural Resources the position regarding agencies under his remit (details supplied), changing corporate name and so on; his views on media reports regarding cost for such change; and if he will make a statement on the matter. [40894/10]

As part of the electricity deregulation process, the Commission for Energy Regulation (CER) commissioned market research which indicates that there is confusion among electricity consumers as to the separate identities and roles of ESB as owner and operator of the electricity network and ESB as an electricity supplier. This is of concern because ESB Networks must provide, and be perceived to provide, the same level and quality of service to all customers irrespective of their electricity supplier.

It is vital for consumers to have full confidence that they can switch supplier without any impact on the quality of their network service. Therefore, as part of the deregulation process and the delivery of real competition, ESB is required by the CER to rebrand its electricity supply business. ESB would also in any case be required to engage in some form of rebranding as part of the implementation of EU Internal Energy Market Third Directive. Member States are obliged under the Directive to ensure that there is absolute clarity for consumers as to the separate identities and functions of the energy network operator and a related energy supply company. For this reason, the issue of rebranding needs to be addressed for both ESB and, in due course, BGE.

ESB has advised that rebranding will have an estimated cost of between €6 and €8 million. The CER has also confirmed that there is no plan to include the costs of rebranding in ESB's regulated revenues in the period 2010 to 2012. ESB has made it clear that the company will introduce its new brand in a practical and cost effective way without causing inconvenience, expense or confusion to customers.

Once full electricity market deregulation has been introduced, expenditure on advertising and marketing, and whether these costs are met from electricity revenues, will be a commercial decision for all competing suppliers including ESB and BGE. The deregulated market will maintain constant pressure on all costs incurred by suppliers, who will be competing vigorously on price offerings to customers.

Turning to the gas market, I would emphasise that there is no specific proposal or timescale or firm costings as yet for rebranding. Any statements or speculations about the cost of any future possible rebranding are highly premature. However, with the successful development of competition in the retail gas market, the CER intends to publish for consultation in the coming weeks a roadmap for gas market deregulation. The question of rebranding is likely to be addressed in that context.

In the context of delivering full competition in the gas market and delivering on EU requirements, all concerned are committed to ensuring any rebranding of BGE which might be required is done in a fully cost effective and transparent way.

Departmental Expenditure

Brian Hayes

Question:

227 Deputy Brian Hayes asked the Minister for Communications, Energy and Natural Resources if he will provide an itemised list of payments made to external solicitors and barristers whose services were procured directly by the Department and by each agency and body under its aegis in the years 2007, 2008, 2009 and to date in 2010; the reason for each such procurement; if such services were procured through competitive tendering processes in every instance; and if he will make a statement on the matter. [40935/10]

In the time available, it has not been possible to conclude an examination of the relevant records. Officials within my Department are compiling the information and I will revert to the Deputy as soon as possible.

Health and Safety Issues

Michael D. Higgins

Question:

228 Deputy Michael D. Higgins asked the Minister for Communications, Energy and Natural Resources in reference to a particular gas terminal (details supplied) if he will detail the specific risk assessments that have been made by the State and are required to be made by private companies using the terminal; the procedures in place to deal with any gas leak; the specific methodology if any for detecting gas leaks; and if he will make a statement on the matter. [40959/10]

The design and construction of the Corrib Gas terminal is based on best international engineering practice for gas processing terminals. While the terminal is designed to ensure against a leak of gas, the developer has proposed systems that would detect a leak. The methodology proposed is standard and involves proven fire and gas detection systems. In line with the approval of the Corrib Plan of Development, these systems are at present being checked and commissioned by the developer and by third party Independent Verification Body, DNV. They are also being audited by my Department's auditor Keane Offshore Integrity Ltd.

In addition to my Department, there are a number of statutory bodies which have a regulatory function with respect to risk assessment in relation to the construction and operation of the Corrib Gas terminal, including An Bord Pleanála, Mayo County Council, the Health and Safety Authority and the Environmental Protection Agency

Departmental Correspondence

Frank Feighan

Question:

229 Deputy Frank Feighan asked the Minister for Communications, Energy and Natural Resources if a full reply will issue to correspondence sent to him six weeks ago (details supplied). [41030/10]

I can confirm to the Deputy that a full reply was issued to him on 3rd November. I outline in brief below the points made in my response. The Government recognises that the cost of energy in Ireland is a serious competitiveness issue facing the enterprise sector during this difficult period for the economy. The provision of secure, sustainable and competitive energy supplies is critical for the economy and is a challenge we are determined to meet.

Significant steps have already been taken to improve Ireland's competitiveness and these policies are working. Regulated electricity prices for small businesses fell by 15% from May 2009 to September 2010 and the electricity market for all businesses will be completely deregulated from 1st October 2010. By shopping around for an electricity supplier businesses can avail of further significant savings. Large businesses have similarly seen declines of between 34% — 44% on average over the past 18 months.

The PSO levy is not a new levy on business. It has existed since 2003 but has been set at zero for the last three years. Its legal basis and method of calculation are set out in the regulations made under the Electricity Regulation Act 1999. In general terms the cost of the PSO levy tends to be low during periods when fossil fuel prices are high, as in these cases the market adequately rewards renewable and indigenous peat producers. Hence, for the last three years we have had a nil PSO.

However, as fossil fuel prices fall, peat and renewable generators are no longer as competitive with fossil fuels and suppliers need to be compensated for purchasing their output. As gas prices have fallen significantly since their peak this is what gives rise to the proposed increased PSO levy from this October.

The PSO levy supports the security of our energy supplies and the development of renewable electricity in Ireland. Already at a low cost, the levy has enabled the connection of more than 1,400 MW of renewable energy mostly wind to the electricity grid. This renewable energy is helping to reduce wholesale electricity prices at times of high wind by displacing higher cost fossil fuel generators. Renewable energy and other sources and technologies supported by the PSO levy helps to reduce our dependence upon imported fossil fuels. It is our lack of indigenous fossil fuels and high level of dependence upon price-volatile imports which led to high electricity costs in 2008. By continuing to support renewable electricity we reduce this dependence and the risk of future price volatility.

The Government will however ensure that the development of renewable energy is achieved in a cost effective way. We have the second lowest rates of renewable energy supports across Europe, which reflects our abundance of renewable resources. I intend to review the operation of the peat PSO to ensure that it is also being operated in as cost efficient a fashion as possible. It remains the Government's position that the development of renewable energy in Ireland is lowering electricity prices to consumers in the long run and that the PSO levy is required to support this development.

Forestry Sector

Sean Sherlock

Question:

230 Deputy Seán Sherlock asked the Minister for Agriculture, Fisheries and Food if he is committed to maintaining funding to the forestry sector in view of the potential for job creation in this indigenous industry; and if he will make a statement on the matter. [41016/10]

The Renewed Programme for Government commits, subject to resources, to increase the level of annual planting to 10,000 hectares per annum. In order to make progress towards that objective provision of €116.5m was made in 2010 to facilitate an increase in planting from 6,648 hectares in 2009 to 7,000 hectares this year. This increased planting is on course to be met.

The serious decline in the public finances means that all aspects of public expenditure are being subject to critical scrutiny, and forestry, which accounts for a substantial share of the agricultural budget, is no different in this regard. As the Deputy will be aware, ongoing discussions are taking place at both Departmental and Cabinet level on the formulation of the Budget for 2011. I can assure the Deputy that the Government remains committed to ensuring the continuation of the afforestation programme at a rate and in a format that maximises the use of scarce financial resources.

Grant Payments

James Bannon

Question:

231 Deputy James Bannon asked the Minister for Agriculture, Fisheries and Food the reason an application for single farm payment had been delayed in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [40733/10]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 19 April 2010. This application was selected for and was the subject of a Ground Eligibility and Animal Identification Inspection. The inspection process is complete and the application has now been fully processed. Payment under the Disadvantaged Areas Scheme will issue within a week. The 50% advance under the Single Payment Scheme will issue within a week with the balancing payment due in December.

James Bannon

Question:

232 Deputy James Bannon asked the Minister for Agriculture, Fisheries and Food the reason an application for single farm payment had been delayed in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [40734/10]

An application under the 2010 Single Payment Scheme was received from the person named on 11 May 2010. The 50% advance payment, which issued on 18 October, was in respect of those parcels cleared for payment at that stage. A number of parcels listed on the application required digitisation; immediately this process is complete, provided no errors are identified, the further payment due will issue to the person named.

Michael Creed

Question:

233 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Cork will receive their single farm payment grant; and if he will make a statement on the matter. [40747/10]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 13 May 2010. The advance payment under the Single Payment Scheme issued on 18 October, based on the land cleared at that stage. A number of parcels listed on the application of the person named required digitisation; immediately this process is complete, provided no errors are identified, the application will be further processed, with a view to the payments due issuing shortly thereafter.

Tom Hayes

Question:

234 Deputy Tom Hayes asked the Minister for Agriculture, Fisheries and Food when the single farm payment will issue to a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [40786/10]

An application under the Single Payment Scheme/Disadvantaged Area Scheme was received from the person named on the 26 April 2010. This application was selected for and was the subject of a Ground Eligibility and Animal Identification Inspection. The inspection process is completed and the application has now been fully processed. Payment under the Disadvantaged Areas Scheme will issue within a week. The 50% advance under the Single Payment Scheme will issue within a week with the balancing payment due in December.

Pat Breen

Question:

235 Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food when payment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [40798/10]

The person named registered 64 animals in the 2009 Suckler Welfare Scheme. The person named has received payment in respect of 58 animals, which were eligible for payment. There are outstanding queries in respect of all of the remaining animals. My Department has received no reply to the letter issued to the person named regarding these queries.

John O'Mahony

Question:

236 Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive their payment under the disadvantaged area payment; and if he will make a statement on the matter. [40817/10]

An application under the Single Payment Scheme/Disadvantaged Area Scheme was received from the person named on the 8 April 2010. This application was selected for and was the subject of a Ground Eligibility and Animal Identification Inspection. The inspection process is completed and the application has now been fully processed. Payment under the Disadvantaged Areas Scheme will issue within a week. The 50% advance under the Single Payment Scheme will issue within a week with the balancing payment due in December.

Michael Creed

Question:

237 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Cork will receive their disadvantaged area payment and their single farm payment; and if he will make a statement on the matter. [40835/10]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 26 April 2010. Advance payments under the Disadvantaged Areas Scheme and the Single Payment Scheme issued on 21 September and 18 October, respectively, in both cases based on the land cleared at that stage. A number of parcels listed on the application of the person named required digitisation; immediately this process is complete, provided no errors are identified, the application will be further processed, with a view to the payments due issuing shortly thereafter.

Michael Creed

Question:

238 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Cork has not been paid their disadvantaged area grant; and if he will make a statement on the matter. [40836/10]

An application under the 2010 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 12 May 2010. A number of parcels listed on the application required re-digitisation, as this process is now complete, the total payment due in respect of the Disadvantaged Areas Scheme will issue to the person named in the coming days.

Food Harvest 2020

Bernard J. Durkan

Question:

239 Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food his plans for the future development and expansion of the beef, lamb, pigmeat, poultry, dairy and cereal sectors; the extent to which market forces have affected each sector negatively or positively on an annual basis over the past five years and to date in 2010; and if he will make a statement on the matter. [40855/10]

The market performance of the meat, dairy and cereal sectors is a function of supply and demand, and has been affected by the recent global economic downturn, exchange rates and other factors. Food Harvest 2020 provides a vision for Irish Agri-food and Fisheries for the next 10 years and includes specific recommendations for these valuable sectors.

Dairy Sector

The development of a strong and vibrant dairy sector is at the heart of the Food Harvest 2020 Plan, which contains an ambitious target of 50% production expansion laid down for the development of the dairy sector. Market forces have a major influence on the returns to the dairy sector which fluctuate in accordance with the international dairy markets. Over the past few years the international dairy industry has witnessed extremes of volatility in product prices on an unprecedented scale. During 2007 dairy prices reached record high levels during the international commodity price boom. In 2008 world dairy markets returned to far lower levels primarily due to a collapse in demand caused by the global economic downturn. The slump continued into 2009 before gradually improving later in the year. I continually pressed the Commission to take all appropriate actions to deal with the dairy market situation and the implementation of a range of support measures helped to stabilise the market. The dairy market situation has improved considerably this year with increased commodity prices on world and EU markets, and a consequent rise in milk prices.

Beef Sector

With a current annual output value of some €1.9 billion, Irish beef and livestock production makes an extremely valuable contribution to the overall Irish economy. Progressive initiatives to position Irish beef in higher value EU markets have proved very successful over the past decade. As a result, 99% of Irish beef exports now goes to EU markets with annual exports valued at €1.4 billion in 2009. Additionally, live cattle exports were valued at €157 million in 2009. Given recent developments in the domestic and international economy, the immediate prospects for the Irish beef sector still remain challenging. In view of the importance of international trade, the impact of exchange rate developments and a consumer switch to lower value cuts will continue to exert a strong influence on market returns.

From a more strategic perspective, the 2020 report provides a sound framework for the development of the sector generally. The report sees the maintenance of Irish beef's premium position in EU markets and closing the price differential between Irish and other premium competitors in those markets as the main challenges facing the sector. Against this background, the report recommends the development and enhancement of a number of policy initiatives to underpin the market performance of Irish beef. In particular, it envisages a focus on genetic advances to drive productivity and product quality. A combination of better quality breeding and better carcase quality at a younger age together with genetic advances can potentially deliver greater profitability at farm level. An important spin-off from the significant growth expected in the dairy sector will be an increased supply of calves for rearing and finishing. Complementary Teagasc initiatives, such as the Better Farm Beef programme, offer the best route for producer viability and growth through the adoption of best practice at farm level.

Increased product differentiation, based on predominantly grass-based Irish beef, has the potential to build on the success of current marketing strategies and concepts such as Brand Ireland, when delivered. Collectively, these strategies can provide enhanced returns to the producer and close the current price differential for beef in high-value EU markets. The beef industry has, in the 2020 report, set itself a target of 20% growth in output value over the next decade. Achieving this target will depend on increased communication, collaboration and consolidation across the supply chain and I can assure the Deputy that my Department will continue to work with other industry stakeholders in pursuit of the vision for the beef sector set out in the report.

Pigmeat

The pig sector remains an important component of the Irish agricultural sector. With a farmgate value of some €300 million, and employment in the industry of approximately 7,000, the sector provides an important source of income to rural communities all over the country. Almost half of Irish production is exported with the UK accounting for 50% of exports with the remainder split between Continental Europe and third countries.

In common with other meats, returns to pig producers have fallen as a result of the economic recession. Prices fell in 2009 but recovered somewhat during the early and mid part of 2010. The normal seasonal decline is ongoing at present, but prices in Ireland remain approximately 5% ahead year on year. Pork remains the most-consumed meat worldwide and consumption is expected to increase steadily over the next decade. In order to best position the Irish industry to share in that growth, I am progressing a number of initiatives.

Teagasc prepared a development strategy for the Irish pig industry, which identifies the issues facing the sector and makes certain recommendations that need to be taken to position the sector for a successful future. The recommendations of this steering group have been largely incorporated into the 2020 report, which targets a 50% growth in the value of output by 2020.

On marketing and promotions, the domestic market remains the most important for Irish pigmeat, accounting for 50% of our production. Therefore, protecting and maintaining the market share of Quality Assured pigmeat in Irish retail is critical for the Irish industry. Bord Bia will continue to work with the industry and invest heavily in consumer promotions at retail and education programmes at foodservice level to promote Quality Assurance.

The ongoing marketing initiatives conducted by Bord Bia both at home and overseas are instrumental in supporting the pigmeat sector. Resources have been increased by Bord Bia, through the Marketing Fellowship Programme, in the market development of more customers for Irish pig meat within the EU. By targeting the end users and further manufacturers directly, we can shorten the supply chain and return greater value to exports. We currently export to over 20 non-EU markets and it is my policy and that of the Government to ensure that Irish producers have access to markets worldwide. My Department will continue to work with Bord Bia, and the Department of Foreign Affairs and the industry to identify and develop other potential markets.

Poultry

The farmgate value of Irish-produced poultry meat is thought to be approximately €150 million. Despite considerable competition from imports the domestic industry has proven to be quite resilient in recent years. The majority of Irish product is consumed in this country with exports focussing largely on by-products. The target over the medium term is to increase the share of the Irish poultry meat market being supplied by Irish producers. The 2020 report targets a 10% increase in the value of poultry output over the next decade.

Lamb

2010 has so far proved to be a very positive year for the sheep sector in Ireland with factory prices running approximately 16% ahead of 2009 levels for the year to date. This is due in no small part to the tightening supply situation, down 14% on 2009 levels, which has led to increased competition among processors for supplies. The sheepmeat sector faces ongoing challenges caused by the decline in the national flock which has led to declines in throughput at processing plants in recent years, leading to questions about the future of the Industry. However, the relevant stakeholders have taken action designed to safeguard the future of the sector as follows.

Bord Bia's promotional strategy for the Irish sheep sector addresses the issue of safeguarding the future of the sector in the following ways: By encouraging Irish consumers to buy more Quality Assured lamb; by collaborating with its French and English counterparts in a campaign to reverse the decline in consumption of lamb on the French market, which accounts for over 50% of our exports; by working with individual exporter to increase the amount of exports to higher value markets such as Germany and Scandinavia and thereby reduce Ireland's dependency on the French market. Bord Bia will spend up to €1 million this year on such promotional campaigns.

Food Harvest 2020 also includes specific recommendations for the sheep sector. It envisages that over the coming years, demand for sheepmeat on the European market will outstrip production levels, which could provide opportunities for exporting countries such as Ireland. This should provide the potential for better returns, provided the industry can continue the market and product diversification which has been evident in recent years. At producer level there is likely to be improved price prospects, provided an increased focus on production, efficiency and product quality is evident. Based on a renewed commercial focus by the sheep sector, building consumption on the domestic market and through the implementation of the recommendations of Food Harvest 2020, the industry has targeted a growth in output value of 20% by 2020.

The recommendations of the report focus on farm competitiveness and the processing sector. On the farm side, they emphasise the importance of the continuance of the application of on-farm labour efficiencies and new technologies, breed improvement and the production of a quality product. On the processing side, the focus is on efficiencies, innovation and improved product range. These recommendations build on the Malone report, which was published in 2006 and provided a clear framework for the sheep sector. Indeed the Malone report is still very pertinent and Food Harvest 2020 endorses its findings and recommendations and calls for their full implementation by the relevant stakeholders.

I have also provided a number of key supports to this sector in the past two years, most notably €7 million from the 2009 Single Farm Payment National Reserve under the Uplands Sheep Payment Scheme, €54 million for the three year grassland sheep scheme commencing this year and €8 million for the sheep fencing/mobile handling equipment scheme, also commencing this year. I am confident that all of these initiatives will provide a much-needed boost to the sheep sector.

Cereal Sector

The maintenance of an efficient and viable cereals sector in Ireland is clearly very important. Not only does it generate an income for our tillage farmers but it also a key source of feedingstuffs for our livestock sector. Annual cereals production in Ireland has fluctuated around 2 million tonnes in recent years and it is desirable to try and sustain this level of production in order to avoid over dependence on imported cereals.

Since Ireland is a deficit market for cereals, prices here are greatly affected by world prices and supplies. In 2007, increased demands for grain from the biofuels sector and the new emerging markets like China and India drove up world grain market prices. Grain prices in Ireland increased to record levels during 2007 and growers here reacted by increasing acreage sown. This resulted in a bumper harvest in 2008 with total grain production of 2.4m tonnes, the second highest on record. Bad weather at planting, coupled with poor returns for growers resulted in a lower harvest for 2009 of 1.9m tonnes. Despite the significant drop in production, grain prices were also down — on average 30% lower than the 2008 level. This illustrates the fact that the grain price in Ireland is a function of developments on EU and world markets rather than a function of domestic supply and demand developments.

Globally grain prices have increased significantly in 2010, due to lower than expected harvest figures and the grain export ban imposed by Russia. Grain prices in Ireland have increased by up to 50% on 2009 prices. This is a welcome development for tillage farmers after two difficult years. Good sowing conditions have renewed interest in planting of winter cereals.

My Department operates a range of services aimed at improving the efficiency of, quality and viability of cereal production. These services include seed certification, seed testing and recommended list of varieties. In addition, Teagasc provides research, training and advisory services for cereal producers. The value of all these support services is reflected in the fact that Irish cereals producers have consistently achieved some of the highest yields in the world.

Dairy Industry

Bernard J. Durkan

Question:

240 Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food his development programme, if any, for the dairy sector over the next five years; the degree to which this relates to progress over the past five years; and if he will make a statement on the matter. [40856/10]

My development programme for the dairy sector is, in fact, a ten-year one, taking the sector to milk quota abolition and beyond. The Food Harvest 2020 report, which I launched during the summer with the Taoiseach, outlines the positive prospects for the dairy sector over the medium- to long-term, and sets an ambitious target of a 50 per cent increase in milk production by 2020. It outlines a number of recommendations designed to support the realisation of this potential growth, ranging from milk processing to on-farm competitiveness, technology transfer, and R&D and marketing. I have established, and am chairing, a very focused High Level Implementation Group which will ensure effective, joined-up action, and will act as a clearing house for the range of issues that are likely to arise in relation to the development of the agriculture sector as a whole.

I have also recently established the Dairy Expansion Activation Group, comprised of dairy farmers, processors and Teagasc, which I have tasked with addressing the specific actions required to achieve the dairy expansion target. I have asked for an initial ‘road map' to be submitted to the High Level Implementation Group by the end of November, highlighting key milestones and identifying how any obstacles to implementation should be overcome.

Of course this focus on how to deal with future challenges is a continuation of the approach that I have taken to the implementation of milk policy in recent years. Having secured as much additional quota as possible for Irish dairy farmers in the run up to quota abolition through the November 2008 Health Check agreement, I have continued to strive to get as much of that quota as possible into the hands of active producers while at the same time encouraging the adoption of best practice on dairy farms so that they can continue to be competitive through improved efficiency.

Innovative measures such as simplified and flexible milk quota regulations, new rules for participation in Milk Production Partnerships, the Milk Quota Trading Scheme, new measures to encourage new entrants, and the Dairy Efficiency Programme have helped the sector to progress significantly in recent years, as has the ongoing investment at processing level supported by the Dairy Investment Fund. I intend to ensure that the implementation of Food Harvest 2020 builds on this momentum, and I am confident that it will help to ensure that the dairy sector achieves its full potential.

Sheep Sector

Bernard J. Durkan

Question:

241 Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food his development programme, if any, for the lamb sector over the next five years; the degree to which this relates to progress over the past five years; and if he will make a statement on the matter. [40857/10]

I am strongly committed to securing a future for the sheep industry in Ireland. This sector is a valuable part of the overall agri-food sector and its future depends on its ability to meet the needs of the market. In order to do this effectively, the sector must focus on competitiveness, innovation and the demands of the consumer. Food Harvest 2020 provides a vision for Irish Agri-food and Fisheries for the next 10 years and includes specific recommendations for the sheep sector. It envisages that over the coming years, demand for sheepmeat on the European market will outstrip production levels, which could provide opportunities for exporting countries such as Ireland. This should provide the potential for better returns, provided the industry can continue the market and product diversification which has been evident in recent years. At producer level there is likely to be improved price prospects, provided an increased focus on production, efficiency and product quality is evident. With a renewed commercial focus by the sheep sector, building consumption on the domestic market and through the implementation of the recommendations of Food Harvest 2020, a growth in output value of 20% is achievable by the sheep sector by 2020.

The recommendations of the report focus on farm competitiveness and the processing sector. On the farm side, they emphasise the importance of the continuance of the application of on-farm labour efficiencies and new technologies, breed improvement and the production of a quality product. On the processing side, the focus is on efficiencies, innovation and improved product range. These recommendations build on the Malone report, which was published in 2006 and provided a clear framework for the sheep sector. Indeed the Malone report is still very pertinent and Food Harvest 2020 endorses its findings and recommendations and calls for their full implementation by the relevant stakeholders.

While the responsibility for implementing most of the recommendations of the Malone report fall on the industry itself, a number are within the remit of my Department and the state agencies under its aegis, who have made significant progress in implementing them. Among the initiatives taken were: the establishment of ‘Sheep Ireland' to take over the Department's current breed improvement programme and develop a new one; an interim Sheep Board, comprising representatives of farming organisations and breeders will oversee this process, with the Irish Cattle Breeders Federation (ICBF) providing the technical and professional service required; the establishment of the Lamb Quality Assurance Scheme in 2007. This Scheme is operated by Bord Bia and now has over 8,400 participants. Bord Bia has also intensified its efforts to promote lamb on the home and export markets. Together with its UK and French counterparts, it is part of a generic promotion campaign on the important French market.

Teagasc has developed a comprehensive plan to restructure its sheep support services, including a Better Farm Programme for sheep, which aims to establish focal points for the on-farm implementation, development and evaluation of technology that is relevant to the sheep sector. This approach provides an opportunity to engage with sheep farmers on the use of the latest management practices and to identify research and development needs. In addition, the support being provided for processing facilities under the beef and sheepmeat capital investment fund underlines the Government's commitment to the sector.

I have also provided a number of key supports to this sector in the past two years, most notably €7 million from the 2009 Single Farm Payment National Reserve under the Uplands Sheep Payment Scheme, €54 million for the three year grassland sheep scheme commencing this year and €8 million for the sheep fencing/mobile handling equipment scheme, also commencing this year. I am confident that all of these supports will provide a much-needed boost to sheep farmers' incomes, which should encourage them to stay in the sector. As the grassland scheme focuses on flocks with breeding ewes, it should also provide a significant incentive to farmers to maintain their production levels, which is vital for the future of a viable sheep industry in Ireland. In addition, Bord Bia will also spend up to €1 million this year on the promotion of sheep and lamb at home and abroad and Teagasc has allocated almost €1.5 million for sheep research for 2010. I am confident that all of these initiatives will be of significant assistance in developing a strong and sustainable sheep sector for the future.

Food Labelling

Bernard J. Durkan

Question:

242 Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food if he is satisfied that the food labelling and traceability regulations applicable here and throughout the European Union are being complied with in the spirit and the letter; if all food labelling reliably indicates the origin of the product; the degree to which checks are made to determine their veracity; the number of instances, if any, in which inaccurate labelling has been detected; and if he will make a statement on the matter. [40858/10]

The Minister for Health & Children has overall responsibility for the general food labelling legislation. Responsibility for the enforcement of this legislation rests with the Food Safety Authority of Ireland (FSAI). This is done through service contracts between the FSAI and my Department, The Sea Fisheries Protection Authority, the Health Service Executive and the Local Authority Veterinary Service.

Under the general labelling Directive (2000/13/EC), the place of origin of the foodstuff must be given only if its absence might mislead the consumer to a material degree. Under EU legislation, specific country of origin labelling is only required in the case of beef, unprocessed poultry and fruit and vegetables. My Department conducts checks, including labelling, as appropriate in the business premises for which it has responsibility and non-compliances are followed up as necessary.

It is understood from the FSAI that a range of inspections are carried out at catering and retail establishments by the other service-contracted bodies which include checks on labelling.

Food Imports

Bernard J. Durkan

Question:

243 Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food the extent to which traceability regulations in respect of meat and meat product imports are enforced with particular reference to the extent and number of inspections; and if he will make a statement on the matter. [40859/10]

Consignments of food products of animal origin directly entering on to the territory of the EU must be the subject of a prior notification of import. My Department, in co-operation with Customs service, monitors and operates animal and public health controls at EU approved Border Inspection Posts (BIP) on all direct imports into Ireland coming from non-EU (or third) countries.

These are required to undergo veterinary examination at the BIP of entry to include documentary checks (100%), identity checks (100%) and physical checks ranging from 20% to 50% of consignments according to whether the consignment consists of meat or meat products. Consignments failing to comply with veterinary control checks may be detained for further examination and where non-compliance is established are returned to the exporting country or destroyed at the importers cost. During 2009 a total of 1,061 consignments of meat and meat products for human consumption were directly imported through BIPs in Ireland, representing a total of 20,400 tonnes.

Laboratory Facilities

Bernard J. Durkan

Question:

244 Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food the extent to which the anticipated laboratory testing facilities at Backweston, Celbridge, County Kildare are in place in accordance with previous indications to the House; and if he will make a statement on the matter. [40860/10]

The DAFF Laboratory facilities at Backweston are capable of dealing with DAFF's analytical requirements to a considerable degree but do not fully meet evolving requirements. While it is possible to carry out a large range of tests at DAFF Laboratories at Backweston, a small number of samples are sent abroad annually for tests which are not carried out at DAFF laboratories e.g. typing of bacteria, tests for exotic viruses, confirmatory testing, toxin or residue analysis.

In the animal health area, while amelioration works on some areas of the laboratories are required prior to they coming on stream (likely to be in 2011/2012), the vast majority of the Laboratories are completely operational and functioning as intended. Currently, some tests in the animal health area eg for testing for Foot and Mouth Disease Virus etc are referred to laboratories abroad. It is envisaged that such referrals will reduce in the future, as DAFF Laboratories continue to introduce new analytical methods and technologies with the objective of meeting a higher proportion of our needs and thus minimising our dependency on external laboratories. Demands on laboratory resources are however, expected to increase further due to the introduction of new EU legislation and its associated testing requirements and also the implications of schemes to reduce staff numbers.

Rural Environment Protection Scheme

Bernard J. Durkan

Question:

245 Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food the extent to which payments under REPS have been made up to date in each of the past three years and to date in 2010; the total number of applications received; the total referred for clarification or review on technical or other grounds; the outcome of any such review; and if he will make a statement on the matter. [40861/10]

Farmers are currently in receipt of payments under two REP Schemes, REPS 3 and REPS 4 and there are roughly 31,000 participants in each of the schemes.

REPS 3

Payments under REPS 3 are made in advance, on receipt of the farmer's application for payment on or after the anniversary date of commencement in the scheme. Generally, REPS 3 payments are made within the 8 weeks deadline, as agreed under the Farmers Charter. On the 1st November 2010 there were 2,700 REPS 3 applications pending examination with a view to payment in the Department. A further 10,000 payment applications are expected to be lodged before the end of the year. Every effort will be made to clear as many of these payments as possible before year end.

REPS 4

The EU Regulations governing REPS 4 provide that payments issue in two instalments. The first instalment of 75% may be paid once all administrative checks on all applications, as well as cross-checks against areas declared on Single Payment Scheme applications, have been completed. This process is under way and while my objective is to make all payments for 2010 as soon as possible, the checks are likely to take some weeks to complete. The balancing payment of 25% can issue once all on-the-spot inspections for the year have taken place. The programme of inspections is well advanced at this stage.

As a result of EU audits in early 2008, new checking systems were introduced which led to delays in processing payments for the 2008 scheme year. The additional screening checks which were introduced also raised queries on a large number of plans. As a consequence, the payment of the 75% instalment in respect of 2008 commenced in February, 2009 and continued for some months afterwards. Likewise the 75% payment for the 2009 scheme year commenced in December, 2009 and continued for a number of months. As queries were cleared, payments were made at weekly intervals. There are still some outstanding issues which have held up payment and my officials have made the applicants aware of these and in the majority of cases are awaiting further information from the applicants.

Grant Payments

Bernard J. Durkan

Question:

246 Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food the extent to which all farm-related payments have been made up to date in each county; if any payments remain outstanding in each county; the number, the reason, when such payments are likely to issue; and if he will make a statement on the matter. [40862/10]

Bernard J. Durkan

Question:

248 Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food the extent to which all farm payments have been made up to date in each category in each division here in 2008, 2009 and to date in 2010; and if he will make a statement on the matter. [40864/10]

I propose to take Questions Nos. 246 and 248 together.

My Department is involved in the payment of a wide range of grants and subventions including, for example, payments under the Single Payment Scheme to some 130,000 beneficiaries and area based compensation allowances to some 102,000 farmers. Payments are also made under various investment schemes, Forestry, Early Retirement, Installation Aid, Welfare related schemes etc. The information sought by the Deputy is not readily available in my Department and the resources required to compile the level of detail would not be justified in the required timeframe. However, details of payments made under EU Schemes for the years 2007 to 2009 are available on my Department's website.

Common Agricultural Policy

Bernard J. Durkan

Question:

247 Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food the steps he has taken to ensure that the food producing sector is not disadvantaged by any step likely to be taken in the context of Common Agricultural Policy reform; and if he will make a statement on the matter. [40863/10]

Bernard J. Durkan

Question:

250 Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food the steps he has taken or proposes to take along with his EU colleagues to develop the agricultural sector further with consequent benefit in the current economic situation; and if he will make a statement on the matter. [40866/10]

Bernard J. Durkan

Question:

251 Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food the discussions he has with his EU colleagues in preparation for the development of the food and agriculture industry after 2013 in Ireland and throughout Europe with particular reference to utilising the sector in the context of economic revival; and if he will make a statement on the matter. [40867/10]

I propose to take Questions Nos. 247, 250 and 251 together.

I am determined to ensure that the proposed reform of the Common Agricultural Policy will deliver a strong and well funded policy in the years ahead. I have made my position very clear to the EU Commission and to my colleagues in the EU Council of Agriculture Ministers and I am pleased to report that there is good support for my position.

There is widespread recognition that the agriculture and food production sector is hugely important in the context of Europe's economic and industrial recovery. It contributes to all three priorities of the EU 2020 strategy of smart, green and inclusive growth. On foot of the efforts of Ireland and a number of other like-minded Member States, its importance has been acknowledged in the conclusions by the Heads of State and Government at the spring European Council.

A modern, productive EU agriculture and food sector will contribute to security of food supply, both within and beyond Europe. Moreover, it is a sector in which global demand is guaranteed to increase. It supports green growth, ensures appropriate land management and contributes to social inclusion in rural areas. It ensures the sustainable use of natural resources and supports climate change mitigation. It provides stable employment opportunities, requiring high skill levels and qualifications and greater levels of R&D and innovation as part of smart growth.

There has been a high level of activity and debate regarding the future CAP among Member States over the past two years with formal policy debates taking place in the EU Council of Agriculture Ministers as well as informal contacts and meetings at bilateral level, the production of position papers by stakeholder organisations and a full-scale consultation process initiated by the Commission.

I and my Department have participated actively in all of these discussions with a view to building up alliances and pressing the Irish viewpoint. In addition to representing the Irish view at formal and informal meetings of EU Agriculture Ministers, I have had bilateral meetings with the Commissioner and with colleagues from a number of other Member States. I travelled to Poland and Hungary last July to meet my Ministerial counterparts. I had discussions in Dublin last month with my German Ministerial colleague and with Commissioner Ciolos and I have arranged meetings with my French and UK colleagues for the coming months. These contacts are proving very productive in deepening our understanding of each others positions and in establishing support for the Irish position in the negotiations.

At official level too, we have engaged actively with our colleagues in other Member States, the Commission and the European Parliament, with bilateral meetings, contacts, sharing of information and analysis and discussion of policy positions. This work has proved very effective in explaining the Irish context and viewpoint and in gaining understanding and acceptance of the Irish position.

I am also continuing to consult widely on the domestic front. I had the opportunity of addressing the Joint Committee on Agriculture on the occasion of the EU Commissioner's visit and of hearing their views. Earlier in the year I established a Consultative Committee to advise me on the CAP after 2013. That Committee is composed of all of the major farming and agriculture related representative organisations involved in social partnership as well as a number of academics and officials. The Committee had its first meeting last May and went on to participate in the Stakeholder event I organised during the visit of Commissioner Ciolos. Its upcoming meeting later this month will be addressed by a senior Commission official.

The formal Commission communication on the future of the CAP will be released later this month with legislative proposals due to follow in mid 2011. I will continue to press the Irish viewpoint at all levels. While we have a long way to go before we arrive at a conclusion of these negotiations, I am determined to fight for the best possible outcome for Irish agriculture. Agriculture is our largest indigenous industry and we have much to gain from a successful outcome.

Question No. 248 answered with Question No. 246.

Food Industry

Bernard J. Durkan

Question:

249 Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food the new export markets achieved or identified for Irish meat and dairy products over the past 12 months; and if he will make a statement on the matter. [40865/10]

It is my policy and that of the Government to ensure that Irish producers have access to as many global markets as possible. Irish dairy products are exported to other EU Member States and to over 100 countries worldwide. The amount of exports to any particular destination varies in accordance with changes in the supply/demand dynamics in particular regions of the world and in respect of the various dairy products involved. In overall terms, Ireland's dairy exports amounted to €2 billion in 2009. The UK represents the largest single share of export sales at approximately 32% with the rest of the EU accounting for 48%. North America and Africa account for 6% and 7% respectively. As international demand changes the Irish dairy industry is placing an increasing emphasis on consumer food markets, particularly in the EU, US, Russia and the Middle East and in high growth emerging economies.

Irish beef production makes an extremely valuable contribution to the overall Irish economy. Progressive initiatives to position Irish beef in higher value EU markets have proved very successful over the past decade. As a result, 99% of Irish beef exports now goes to EU markets with annual exports valued at 1.4 billion in 2009. In the past 12 months agreements have been reached with the veterinary authorities in the United Arab Emirates, Tunisia and Morocco on the veterinary health conditions which must be met in connection with the export of beef to those countries.

It is estimated that the Irish sheep sector is currently worth around €250 million, with over two thirds of output exported to the EU. However there has been fresh interest in exporting to third country market and in recent months, a certificate has been agreed for sheepmeat with Tunisia.

The pig sector remains an important component of the Irish agricultural sector. Almost half of Irish production is exported, with the UK accounting for 50% of exports with the remainder split between Continental Europe and third countries. Pork remains the most-consumed meat worldwide and consumption is expected to increase steadily over the next decade. We currently export to over 20 non-EU markets. China and Russia were fully re-opened to Irish pork earlier this year, a move which marked the end of the interruption to trade that arose in late 2008 as a result of the dioxin crisis.

My Department, together with Bord Bia, the Department of Foreign Affairs and the industry will continue to work together to identify new potential markets for Irish dairy and meat products.

Questions Nos. 250 and 251 answered with Question No. 247.

Grant Payments

Jimmy Deenihan

Question:

252 Deputy Jimmy Deenihan asked the Minister for Agriculture, Fisheries and Food when payment of single farm payment will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [40923/10]

An application under the 2010 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 11 May 2010. A number of maps submitted with the application required amendment on my Department's Land Parcel Mapping system. The Single Payment Scheme/Disadvantaged Areas for the person named has been fully processed and payment will issue shortly.

Departmental Expenditure

Brian Hayes

Question:

253 Deputy Brian Hayes asked the Minister for Agriculture, Fisheries and Food if he will provide an itemised list of payments made to external solicitors and external barristers whose services were procured directly by the Department and by each agency and body under its aegis in the years 2007, 2008, 2009 and to date in 2010; the reason for each such procurement; if such services were procured through competitive tendering processes in every instance; and if he will make a statement on the matter. [40934/10]

It was not possible to provide the information requested within the required timeframe. However, I have arranged for this information to be provided to the Deputy as soon as possible.

Grant Payments

Michael Moynihan

Question:

254 Deputy Michael Moynihan asked the Minister for Agriculture, Fisheries and Food the reasons for the delay in issuing the payments for the disadvantaged areas scheme and the single payment scheme to a person (details supplied) in County Cork and when he expects these payments to issue. [40948/10]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 13 May 2010. A number of parcels listed on the application of the person named required digitisation; immediately this process is complete, provided no errors are identified, the application will be further processed, with a view to the payments due issuing shortly thereafter.

Michael Moynihan

Question:

255 Deputy Michael Moynihan asked the Minister for Agriculture, Fisheries and Food the reasons for the delay in issuing the payments for the disadvantaged areas scheme and the single payment scheme to a person (details supplied) in County Cork and when he expects these payments to issue. [40949/10]

An application under the 2010 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 6 May 2010. Advance payments under the Disadvantaged Areas Scheme issued on 21 September and under the Single Payment Scheme on 18 October, in both cases on the basis on the land cleared at that stage. A number of parcels listed on the application required re-digitisation; immediately this process is complete, and provided no errors are identified, the application will be further processed, with a view to the payments due issuing shortly thereafter.

Michael Moynihan

Question:

256 Deputy Michael Moynihan asked the Minister for Agriculture, Fisheries and Food the reasons for the delay in issuing the payment for the single payment scheme to persons (details supplied) in County Cork and when he expects this payment to issue. [40950/10]

An application under the 2010 Single Payment Scheme was received from the person named on 14 May 2010. Single Payment Scheme advance payments of 50% commenced issuing on 18 October in respect of those lands cleared for payment at that stage. A number of parcels listed on the application of the person named required digitisation; while this process is now complete it was found that the reference areas on one parcel declared by the person named had been over-claimed. A letter regarding this matter has issued to the person named and on receipt of a satisfactory reply the application will be further processed, with a view to payment due issuing at an early date.

Niall Collins

Question:

257 Deputy Niall Collins asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) will receive payments under the single farm payment scheme and the disadvantaged area scheme; and if he will make a statement on the matter. [40969/10]

An application under the 2010 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 10 May 2010. Payments under both Schemes have commenced based on land parcels cleared for payment. However, a land parcel listed on the application of the person named requires digitisation; immediately this process is complete, provided no errors are identified, the application will be processed in full with a view to payments due issuing shortly thereafter.

Frank Feighan

Question:

258 Deputy Frank Feighan asked the Minister for Agriculture, Fisheries and Food when single farm payment will issue to person (details supplied) and the amount of same. [40992/10]

An application under the 2010 Single Payment Scheme was received from the person named on 17 May 2010. As the initial validation checks on the application revealed that two of the land parcels declared had been over-claimed, a query letter was issued on 12 October 2010. A map of the area concerned was enclosed with the letter and the person named invited to examine the boundaries and either accept the over-claim or amend the boundaries as appropriate. To date no reply has been received.

Simon Coveney

Question:

259 Deputy Simon Coveney asked the Minister for Agriculture, Fisheries and Food when a single farm payment will issue to a person (details supplied) in County Cork. [41001/10]

An application under the 2010 Single Payment Scheme was received from the person named on 17 May 2010. Single Payment Scheme advance payments of 50% commenced issuing on 18 October in respect of those lands cleared for payment at that stage. A number of parcels listed on the application of the person named required digitisation; immediately this process is complete, provided no errors are identified, the application will be further processed, with a view to payments due issuing shortly thereafter.

Simon Coveney

Question:

260 Deputy Simon Coveney asked the Minister for Agriculture, Fisheries and Food when a single farm payment will issue to a person (details supplied) in County Cork. [41002/10]

An application under the Single Payment Scheme/Disadvantaged Area Scheme was received from the person named on the 17 May 2010. This application was selected for and was the subject of a Ground Eligibility and Full Cross Compliance Inspection. The inspection process is completed and the application has now been fully processed. Payment under the Disadvantaged Areas Scheme will issue within a week. The 50% advance under the Single Payment Scheme will issue with in a week with the balancing payment due in December.

Rural Environment Protection Scheme

Frank Feighan

Question:

261 Deputy Frank Feighan asked the Minister for Agriculture, Fisheries and Food the position regarding an application for REPS in respect of a person (details supplied) and when payment will issue. [41020/10]

The person named is a participant in REPS 3 under which annual payments issue after the anniversary date for commencement of the contract. The anniversary date for the person named is 1st December 2010 and payment will issue as soon as possible after that date subject to the submission of a claim.

Grant Payments

Frank Feighan

Question:

262 Deputy Frank Feighan asked the Minister for Agriculture, Fisheries and Food the position regarding an application for farm payments in respect of a person (details supplied) [41025/10]

An application under the 2010 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 15 April 2010. Payment under the Single Payment Scheme for the person named was processed by my Department on 18 October 2010. This amount consists of an advance payment of 50% of his valid payments under the scheme for 2010. A balancing payment will issue on 1st December. Payments under the Disadvantaged Areas Scheme for the person named were processed by my Department in two instalments on 5 October 2010 and 19 October 2010. These amounts consist of an advance payment of 75% and a balancing payment of 25% of the named person's valid payments under the scheme for 2010.

Frank Feighan

Question:

263 Deputy Frank Feighan asked the Minister for Agriculture, Fisheries and Food the position regarding an application for farm disadvantaged payment in respect of person (details supplied) and when will payment issue. [41026/10]

An application under the 2010 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 17 May 2010. A number of parcels listed on the application of the person named required re-digitising; immediately this process is complete, provided no errors are identified, the applications for Single Payment and Disadvantaged Area payment will be further processed, with a view to any payments due issuing shortly thereafter.

Job Creation

James Bannon

Question:

264 Deputy James Bannon asked the Minister for Enterprise, Trade and Innovation the number of jobs created in the past 12 months by the Longford County Enterprise Board; the amounts allocated to support small business projects; and if he will make a statement on the matter. [40735/10]

James Bannon

Question:

266 Deputy James Bannon asked the Minister for Enterprise, Trade and Innovation the amount of funding that will be paid out before the end of 2010 by Longford County Enterprise Board; and if he will make a statement on the matter. [40737/10]

I propose to take Questions Nos. 264 and 266 together.

The role of Longford County Enterprise Board, as one of the thirty-five County and City Enterprise Boards (CEBs) throughout the country, is to provide a source of support for micro-enterprise in the start-up and expansion phases, to promote and develop indigenous micro-enterprise potential and to stimulate economic activity and entrepreneurship at local level. Subject to certain eligibility criteria, the Board supports individuals, firms and community groups provided that the proposed projects have the capacity to achieve commercial viability. Business growth, job creation and job retention are inherent considerations in the activities of the CEBs.

The CEBs deliver a series of Programmes to underpin this role and they can provide both financial and non-financial assistance to a project promoter. The forms of financial assistance which are available, subject to certain eligibility criteria, include Priming Grants, Expansion/ Development Grants and Feasibility/ Innovation Study Grants. The provision of non-financial assistance can take the form of a wide range of business advice such as Programmes covering Business Management, Mentoring, E-commerce, Enterprise Education, and Women in Business networks.

In 2010, Longford CEB received an Exchequer Capital Allocation of €315,909 for the provision of financial and non-financial supports to the micro-enterprise sector within the county. More recently this was supplemented by an additional allocation of €50,000, which was made available through savings made within my Department. It is expected that the Board's Total Capital Allocation will be fully expended by the end of the year.

Statistical information in relation to CEBs is collated on an annual basis; therefore final expenditure figures and net job figures existing in 2010 for Longford CEB will not be available until early 2011. However, in the most recent year for which job figures are available i.e. 2009, there were 745 net jobs existing in CEB supported enterprises across the county of Longford. During 2010 Longford CEB will continue to support enterprise development in this area through the provision of both direct and indirect assistance and will ensure that available funds are targeted to maximise entrepreneurial development at county level.

James Bannon

Question:

265 Deputy James Bannon asked the Minister for Enterprise, Trade and Innovation the number of jobs created in the past 12 months by the Westmeath County Enterprise Board; the amounts allocated to support small business projects; and if he will make a statement on the matter. [40736/10]

James Bannon

Question:

267 Deputy James Bannon asked the Minister for Enterprise, Trade and Innovation the amount of funding that will be paid out before the end of 2010 by Westmeath County Enterprise Board; and if he will make a statement on the matter. [40738/10]

I propose to take Questions Nos. 265 and 267 together.

The role of the Westmeath County Enterprise Board (CEB) is to provide support for small businesses with 10 employees or fewer in the start-up and expansion phases, to promote and develop indigenous micro-enterprise potential and to stimulate economic activity and entrepreneurship at local level throughout Westmeath. Business growth and job creation are inherent considerations in the activities of the CEB. CEBs provide both financial and non-financial assistance to a project promoter. The forms of financial assistance that are available, subject to certain eligibility criteria, include Priming Grants, Expansion/Development Grants and Feasibility Grants. The provision of non-financial assistance includes general Business Advice and Business Management Training as well as Mentoring and Networking opportunities.

In 2010, Westmeath CEB received an Exchequer Capital Allocation of €371,027 for the provision of financial and non-financial supports to the micro-enterprise sector within the county. More recently this was supplemented by an additional allocation of €122,089 was made available through savings made within my Department. It is expected that the Board's Total Capital Allocation will be fully exhausted by the end of the year.

Statistical information in relation to CEBs is collated on an annual basis; therefore final expenditure figures and net job figures existing in 2010 for Westmeath CEB will not be available until early 2011. However, in the most recent year for which job figures are available i.e. 2009, there were 1004.5 net jobs existing in CEB supported enterprises in the county of Westmeath. During 2010 Westmeath CEB will continue to support enterprise development in this area through the provision of both direct and indirect assistance and will ensure that available funds are targeted to maximise entrepreneurial development at county level.

Question No. 266 answered with Question No. 264.
Question No. 267 answered with Question No. 265.

Industrial Development

Paul Connaughton

Question:

268 Deputy Paul Connaughton asked the Minister for Enterprise, Trade and Innovation the number of Industrial Development Authority visits that were made with potential industrialists in 2009 and to date in 2010 to the new business and technology park at Tuam, County Galway [40751/10]

I am informed by the IDA that there have been no site visits to Tuam in 2009 and to date in 2010 although there were a total of 58 visits to Galway by potential investors in that period. As part of its strategy to attract inward investment, IDA Ireland introduces a prospective client company to 3 or 4 selected locations/towns which can meet the company's requirements for skills, labour, site and/or building(s), infrastructure, etc. In selecting locations to show companies, IDA Ireland seeks to include locations which have been affected by closures/job losses and also gives priority to the Border, Midlands and West regions. While IDA Ireland seeks to influence the selection of location, the final decision on where to visit and where to locate is taken in all cases by the promoting company.

Paul Connaughton

Question:

269 Deputy Paul Connaughton asked the Minister for Enterprise, Trade and Innovation the position regarding the new business technology park at Athenry; the infrastructural developments that have taken place since the Industrial Development Authority purchased the site from Teagasc; if any visits have been organised by the IDA for potential industrialists to the site to date in 2010; and if he will make a statement on the matter. [40752/10]

I am informed by IDA that a 97 ha site in Athenry Co. Galway was acquired from Teagasc in December 2007. These lands were identified as having the potential to be developed for utility intensive development as part of IDA's Strategic Sites Initiative.

IDA Ireland is working on the delivery of infrastructure and services to the site. Developing the access road into the site has been the immediate priority since the completion of the purchase. Access to the site is off the M6 Galway to Dublin Motorway and the construction of the access road has been divided into two phases. Phase 1 is the section off the M6 into the southern portion of the lands and works on this phase have been completed. Phase 2 involves the construction of two new bridges over the R348 and the Galway-Dublin Railway line and extension of the road northwards to service the northern portion of the site and this phase is currently at the design stage.

IDA Ireland is working with Galway City and County Councils regarding the water and waste water capacity. In relation to waste water it was established that an extension to the Mutton Island treatment plant would be required in order to cater for the Athenry site requirements. Galway City Council lodged an application with the EPA for a discharge license which Mutton Island has duly been granted and all service connections and routes have been agreed between IDA and the County and City Councils.

The site's water requirements will be met by an extension to the Tuam Regional Water Supply Scheme. Preliminary design and site investigations have been completed along the selected route. In addition Bord Gáis (BGE) has agreed to supply the site with the required capacity. This site is being marketed for new FDI investments in the Bio-Pharma, ICT and related industry sectors. To date in 2010 there has been one visit to the Athenry site.

Sale of Alcohol

Noel Ahern

Question:

270 Deputy Noel Ahern asked the Minister for Enterprise, Trade and Innovation the position regarding the practice of some supermarkets in selling alcohol at exceptionally low price levels; if below cost selling is permitted; if there is any policing of or inquiries into same; if the relevant price is the invoiced price or if transportation, warehousing, profit are considered to judge the base price; if there are health concerns regarding the level of alcohol now being consumed at home; if a minimum floor price for the sale of alcohol can be set to control consumption, improve tax take and provide fair competition with pubs; if trends in this direction in Scotland are being monitored; if an all-Ireland policy can be implemented. [40903/10]

The sale of alcohol is essentially regulated by the liquor licensing laws, which are the policy responsibility of the Minister for Justice and Law Reform and I have no direct function in this matter. The use of aggressive pricing strategies in any business is a legitimate marketing tool and is the normal outcome of the competitive process. Low cost and below cost selling by a retailer, including an off-licence, is not of itself an offence unless it involves abuse of a dominant position. A determination on whether a retailer is abusing a dominant position in the marketplace would necessitate a comprehensive investigation by the Competition Authority.

The Authority is the independent statutory body responsible for enforcing competition law in the State and complaints of any alleged anti-competitive practice should be referred to it.

Health concerns in relation to levels of alcohol consumption are primarily a matter for the Minister for Health and Children. In 2009, the Government approved the development of a combined national substance misuse strategy to cover both alcohol and drugs. The National Substance Misuse Strategy Steering Group, under the joint chairmanship of the Department of Health and Children (www.dohc.ie) and the Department of Community, Equality and Gaeltacht Affairs (www.pobal.ie) has been tasked with developing the alcohol portion of the combined national substance misuse strategy based on proven methods to reduce alcohol related harm.

Employment Rights

Richard Bruton

Question:

271 Deputy Richard Bruton asked the Minister for Enterprise, Trade and Innovation if the terms of the transfer of undertakings have been fully respected in a case (details supplied); if the existing firms are protected beyond a six month period and if a new company who operates other sites or different terms and conditions is entitled to consolidate operations at the lower terms. [40910/10]

The current Irish law in the area of "transfer of undertakings" is the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 — Statutory Instrument (S.I.) No. 131 of 2003. The Regulations implement the mandatory (i.e. mandatory to transpose) provisions of EU Council Directive 2001/23/EC of 12 March 2001 which is aimed at safeguarding the rights of employees in the event of a transfer of an undertaking, business or part of a business to another employer as a result of a legal transfer. Also, section 21 of the Employees (Provision of Information and Consultation) Act 2006 transposed a provision of the European Directive relating to the information to be provided by the original employer to the new employer.

The Regulations provide that all the rights and obligations of an employer arising from a contract of employment (including terms inserted by collective agreements) other than pension rights, existing on the date of a transfer, are transferred to the new employer on the transfer of the business or part thereof. Another provision of the Regulations is that both the outgoing and incoming employers are obliged to inform their respective employees' representatives of, inter alia, the date or proposed date of the transfer, the reasons for the transfer and the legal, social and economic implications of the transfer for the employees. Where there are no representatives, employers must arrange for the employees to choose representatives for this purpose.

In accordance with the Transfer of Undertaking Regulations, it would be a matter for a Rights Commissioner to determine in law if any particular case is in compliance with the transfer of undertakings legislation. Thus, the circumstances of each individual case would have to be considered by a Rights Commissioner, in the first instance, in the light of all previous case law, including European Court of Justice case law.

If an employee has a complaint relating to alleged contravention of the Regulations on Transfer of Undertakings, the employee may bring a case, in the first instance, to a Rights Commissioner and, on appeal, to the Employment Appeals Tribunal. Any such case should be taken within six months of the date on which an employee considers that there has been a contravention of the Transfer of Undertakings Regulations

Enterprise Support Services

Richard Bruton

Question:

272 Deputy Richard Bruton asked the Minister for Enterprise, Trade and Innovation if he provides any advisory services for persons considering the establishment of a co-operative; or if his attention has been drawn to any support networks. [40911/10]

In Ireland, co-operatives usually register as industrial and provident societies under the Industrial and Provident Societies Acts (IPS Acts). However some choose to register as a company, and indeed some of the larger agricultural cooperatives use both company and industrial and provident legal forms in their group structures.

The Registry of Friendly Societies (RFS) administers the IPS Acts, while the Companies Registration Office (CRO) administers company law. Both of these statutory offices are located in the one building and a single Registrar has responsibility for both. These offices provide information to potential cooperatives with regard to registration requirements and the obligations of the different legal entities, but do not provide advice on the type of corporate structure to be chosen in any particular instance.

There are a number of independent umbrella organisations for specific types of cooperatives, depending on their purpose and these bodies may be in a position to advise businesses interested in the cooperative model. These include, for example, the Irish Co-operative Organisation Society (ICOS) which deals predominately with agricultural cooperatives, the National Association of Building Co-operatives (NABCO), and the National Federation of Group Water Schemes.

Departmental Expenditure

Brian Hayes

Question:

273 Deputy Brian Hayes asked the Minister for Enterprise, Trade and Innovation if he will provide an itemised list of payments made to external solicitors and to external barristers whose services were procured directly by the Department and by each agency and body under its aegis in the years 2007, 2008, 2009 and to date in 2010; the reason for each such procurement; if such services were procured through competitive tendering processes in every instance; and if he will make a statement on the matter. [40939/10]

In the time allowed, my Department cannot collect the extensive information requested by the Deputy and, accordingly, I will forward the information to the Deputy shortly.

Redundancy Payments

Tom Hayes

Question:

274 Deputy Tom Hayes asked the Minister for Enterprise, Trade and Innovation when redundancy payment will issue to persons (details supplied) in County Tipperary; and if he will make a statement on the matter. [40960/10]

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 7 October 2010 in respect of the last individual named above. This claim awaits processing. On the basis of valid claims entered in the Redundancy Payments system, there is no record of any current redundancy claims in respect of the other individuals in question.

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 and claims dating from April 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.

The backlog and waiting times remain at unacceptable levels. However, improvements are evident. In 2009, my Department processed 50,664 claims, up 70% on the previous year. Furthermore, the level of new claims processed in the first nine months of 2010 was 58,202 — up over 81% on the corresponding 9-month period in 2009 (32,127) and surpassing the total amount of claims processed for the full year 2009 which came to 50,644. The backlog of claims is decreasing — reducing from its highest level in November 2009 of 43,608 to a level of 29,776 as of the end of September 2010.

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

Job Creation

Frank Feighan

Question:

275 Deputy Frank Feighan asked the Minister for Enterprise, Trade and Innovation the extent, if any, to which he and his Department have engaged with the job creating sectors throughout County Roscommon with a view to generating increased employment; the steps he has taken to assist those with entrepreneurial skills or who have become unemployed with a view to encouraging job creation in County Roscommon; and if he will make a statement on the matter. [41003/10]

The State Development agencies, Enterprise Ireland and IDA Ireland, and the Roscommon County Enterprise Board are continuing to drive and promote enterprise development, and consequently employment creation, in County Roscommon. Enterprise Ireland is actively focused on the creation of new jobs through supporting entrepreneurs setting up new high potential start-up companies, and the retention and creation of new jobs in existing companies. The agency provides a range of supports for high potential start up companies.

Enterprise Ireland works with and supports local entrepreneurs with commercial business plans and provides preferential funding for entrepreneurs and companies, with detailed export plans, who are expanding or establishing a business in County Roscommon. To date in 2010, Enterprise Ireland has made payments of €951,265 to its client companies in County Roscommon. Since 2009 a total of 10 innovation vouchers were approved to companies in the County. These vouchers allow companies to spend a minimum of €5,000 towards research and development in a third level institution of their choice.

Enterprise Ireland continues to work with community groups in County Roscommon to develop Enterprise Centres designed to foster micro enterprises. The agency has approved support for Community owned or led Enterprise Centres in Arigna, Ballaghaderreen, Boyle, Castlerea and Roscommon, which is helping to provide workspace for the creation of new projects and businesses.

Roscommon County Enterprise Board supports the micro-enterprise sector, businesses with 10 employees or less, in the start-up and expansion phases and promotes entrepreneurship at local level. The Board delivers a series of programmes to underpin this role and provides both financial and non-financial assistance to a project promoter. Due to the Board's unique relationship with its clients and the local business community, the Board can specifically tailor programmes to meet the evolving needs and requirements of small enterprises. The Board will continue to assist micro-enterprises in order to stimulate indigenous enterprise creation and to boost employment creation and retention.

IDA Ireland is concentrating its efforts on the county town of Roscommon and through its network of overseas offices the agency is actively marketing the town to potential investors. At present, there are eight IDA Ireland supported companies in County Roscommon employing approximately 817 people. The agency has invested €2.2m in a quality flagship Business Park in Roscommon and has undertaken a major upgrade and enhancement of its existing Industrial Estate at Racecourse Road/Gallowstown. The upgrade includes site services, broadband ducting and significant landscaping upgrades to bring the Park to top quality standards for marketing purposes.

Frank Feighan

Question:

276 Deputy Frank Feighan asked the Minister for Enterprise, Trade and Innovation the extent, if any, to which he and his Department have engaged with the job creating sectors throughout County Leitrim with a view to generating increased employment; the steps he has taken to assist those with entrepreneurial skills or who have become unemployed with a view to encouraging job creation in County Leitrim; and if he will make a statement on the matter. [41004/10]

The State Development agencies, Enterprise Ireland and IDA Ireland, and the Leitrim County Enterprise Board are continuing to drive and promote enterprise development, and consequently employment creation, in County Leitrim.

Enterprise Ireland is actively focused on the creation of new jobs through supporting entrepreneurs setting up new high potential start-up companies, and the retention and creation of new jobs in existing companies. Enterprise Ireland provides a range of supports for high potential start up companies including, financial supports, business and marketing advice, mentoring and product development. Enterprise Ireland works with and supports local entrepreneurs with commercial business plans and provides preferential funding for entrepreneurs and companies, with detailed export plans, who are expanding or establishing a business in the County. On September 28, 2010, an Enterprise Start event was held in the Sligo Enterprise Ireland office for Sligo and Leitrim.

To date in 2010, Enterprise Ireland has made payments of €791,353 to its client companies in County Leitrim. A total of 11 Innovation Vouchers were approved to companies in Co. Leitrim since 2009. This allows the company to spend a minimum of €5,000 towards R&D in a third level institution of their choice.

Enterprise Ireland continues to work with community groups in County Leitrim to develop Enterprise Centres designed to foster micro enterprises. Enterprise Ireland has approved funding of over €2.3 million in support of Community Enterprise Centres in the County. These include Centres in Drumshanbo, Carrick-on-Shannon, Mohill, Drumkeerin, Ballinamore, Keshcarrigan and Manorhamilton.

Leitrim County Enterprise Board provides support for small businesses with 10 employees or fewer in the start-up and expansion phases, develops indigenous micro-enterprise potential and promotes entrepreneurship at local level. The Board delivers a series of programmes to underpin this role and can provide both financial and non-financial assistance to a project promoter. Due to the Board's unique relationship with its clients and the local business community, the Board can specifically tailor programmes to meet the evolving needs and requirements of small enterprises. The Board will continue to assist micro-enterprises in order to stimulate indigenous enterprise creation and to boost employment creation and retention.

In addition to marketing County Leitrim for new investments, IDA Ireland is actively engaged with its existing base of companies in the County, highlighting the ongoing importance of upskilling and reskilling and the need to add high value activities in order to ensure their sustainability and ongoing development. At present, there are 5 IDA supported companies in the County employing 988 people in full-time employment.

Redundancy Payments

Frank Feighan

Question:

277 Deputy Frank Feighan asked the Minister for Enterprise, Trade and Innovation the position regarding an application for redundancy payment in respect of a person (details supplied). [41017/10]

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 wish to advise the Deputy that on the basis of valid claims entered in the Redundancy Payments System in my Department, there is no record of a redundancy claim having been received in respect of the individual in question. It is my Department's practice not to enter incomplete claims on the system as these claims cannot be processed until the necessary documentation is submitted. Forms are returned to allow missing details and/or supporting documentation to be submitted. Submission of correctly completed Redundancy claim forms (RP50's) with all of the required documentation greatly facilitates the processing of claims.

Under Redundancy legislation the onus, in the first instance, is on the employer to pay to the employee their redundancy entitlements. The employer is then entitled, by virtue of pay related social contributions to the Social Insurance Fund, to recover 60% of the amount paid to the employee.

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

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

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

Departmental Expenditure

Brian Hayes

Question:

278 Deputy Brian Hayes asked the Minister for Community, Equality and Gaeltacht Affairs if he will provide an itemised list of payments made to external solicitors and to external barristers whose services were procured directly by the Department and by each agency and body under its aegis in the years 2007, 2008, 2009 and 2010; the reason for each such procurement; if such services were procured through competitive tendering processes in every instance; and if he will make a statement on the matter. [40936/10]

The information sought by the Deputy in relation to my Department and the State bodies funded from its Vote Group is provided in the accompanying table. In each case, the services of external solicitors and external barristers were procured to provide essential legal advice, legal opinion or to carry out specialist legal work where the legal expertise required was not available in-house. In cases where a competitive tendering process was not held, this generally arose where the solicitor or barrister had extensive, specialist knowledge of a particular area. A number of appointments were also made following consultation with the Attorney General's Office.

In relation to payments made by the Equality Authority, Equality Tribunal, the Irish Human Rights Commission and the Western Development Commission, it has not been possible to compile this information within the time available. I am arranging for the remainder of the material to be provided directly to the Deputy as soon as possible.

Body/Agency Name

Name of Solicitor/Barrister

Amount Paid 2007

Amount Paid 2008

Amount Paid 2009

Amount Paid 2010 to date

Was a Competitive Tendering Process Held?

Department of Community, Equality & Gaeltacht Affairs

A & L Goodbody

Nil

Nil

6,094

Nil

No

Alexander J Ownes

21,614

Nil

Nil

Nil

No

Seán Ó Cearbhaill

Nil

61

Nil

Nil

No

Commissioner of Charitable Donations and Bequests

Margetson Greene

Nil

Nil

Nil

33,475

No

Maxwells

Nil

Nil

Nil

800

No

Nil

Nil

Nil

2,950

No

484

Nil

Nil

Nil

No

Dormant Accounts Board

James O’Reilly

1,210

Nil

Nil

Nil

No

KMB Solicitors

1,906

Nil

Nil

Nil

No

Maples & Calder

Nil

5,117

Nil

Nil

No

Údarás na Gaeltachta

Brian Conroy

Nil

Nil

Nil

1,512

Yes

Ciara O’ Callaghan

Nil

Nil

2,250

Nil

Yes

Dáithí Mac Cárthaigh

Nil

Nil

Nil

647

Yes

Ercus Stewart

1,525

Nil

Nil

Nil

Yes

Ercus Stewart

Nil

5,445

Nil

Nil

Yes

Garrett Simons

Nil

Nil

Nil

2,420

Yes

George Brady

1,815

Nil

Nil

Nil

Yes

George Brady

Nil

2,420

Nil

Nil

Yes

George Brady

Nil

Nil

1,823

Nil

Yes

George Brady

Nil

Nil

Nil

4,840

Yes

George Brady

Nil

Nil

Nil

908

Yes

George Brady

Nil

Nil

Nil

1,210

Yes

Geraldine Glynn

5,266

Nil

Nil

Nil

Yes

Body/Agency Name

Name of Solicitor/Barrister

Amount Paid 2007

Amount Paid 2008

Amount Paid 2009

Amount Paid 2010 to date

Was a Competitive Tendering Process Held?

Geraldine Glynn

Nil

Nil

1,628

Nil

Yes

Geraldine Glynn

Nil

Nil

182

Nil

Yes

McCann Fitzgerald Solicitors

Nil

Nil

911

Nil

Yes

Purtill Solicitors

Nil

Nil

Nil

250

Yes

Quinn Dillon & Co. M Solicitors

Nil

1,994

Nil

Nil

Yes

RDJ Glynn Solicitors

Nil

Nil

Nil

3,630

Yes

Úna Tighe

1,452

Nil

Nil

Nil

Yes

Úna Tighe

545

Nil

Nil

Nil

Yes

Úna Tighe

Nil

23,172

Nil

Nil

No

An Coimisinéir Teanga

Antóin de Lap

6,302

Nil

Nil

Nil

Yes

Antóin de Lap

Nil

6,899

Nil

Nil

Yes

Antóin de Lap

Nil

Nil

7,859

Nil

Yes

Antóin de Lap

Nil

Nil

Nil

1,948

Yes

Séamus Ó Tuathail

4,515

Nil

Nil

Nil

Yes

Séamus Ó Tuathail

Nil

4,384

Nil

Nil

Yes

Séamus Ó Tuathail

Nil

Nil

4,391

Nil

Yes

Séamus Ó Tuathail

Nil

Nil

Nil

918

Yes

National Advisory Committee on Drugs

Philip Lee Solicitors

14,633

Nil

Nil

Nil

No

Nil

9,970

Nil

Nil

No

Nil

Nil

2,178

Nil

No

Nil

Nil

Nil

1,403

No

Body/Agency Name

Name of Solicitor/Barrister

Amount Paid 2007

Amount Paid 2008

Amount Paid 2009

Amount Paid 2010 to date

Was a Competitive Tendering Process Held?

Waterways Ireland

Andrew Crean-Lynch Solicitor

Nil

27,915

Nil

Nil

Yes

Arthur Cox

Nil

12,571

Nil

Nil

Yes

Arthur Cox

6,529

Nil

Nil

Nil

Yes

Carson McDowell

Nil

Nil

Nil

1,197

Yes

Copeland McCaffrey Solicitors

3,649

Nil

Nil

Nil

Yes

Copeland McCaffrey Solicitors

Nil

36,203

Nil

Nil

Yes

Elliott Duffy Garrett

Nil

Nil

Nil

1,050

Yes

Elliott Duffy Garrett

Nil

Nil

130

Nil

Yes

Elliott Duffy Garrett

Nil

1,767

Nil

Nil

Yes

FJ Gearty & Co Solicitors

Nil

Nil

Nil

1,013

Yes

Kerin, Hickman & O’Donnell Solicitors

801

Nil

Nil

Nil

Yes

Legal Euro One Off Supplier*

10,470

12,841

29,416

9,455

Yes

Legal Sterling One Off Supplier*

Nil

Nil

669

Nil

Yes

LK Shields Solicitors

29,217

Nil

Nil

Nil

Yes

LK Shields Solicitors

Nil

Nil

Nil

4,880

Yes

LK Shields Solicitors

Nil

Nil

67,965

Nil

Yes

LK Shields Solicitors

Nil

57,300

Nil

Nil

Yes

Lucas Associates

Nil

Nil

Nil

616

Yes

Lucas Associates

Nil

Nil

7,639

Nil

Yes

Mason Hayes & Curran

Nil

Nil

4,485

Nil

Yes

Mason Hayes & Curran

54,114

Nil

Nil

Nil

Yes

Mason Hayes & Curran

Nil

16,936

Nil

Nil

Yes

Matheson Ormsby Prentice

11,342

Nil

Nil

Nil

Yes

Matheson Ormsby Prentice

Nil

10,213

Nil

Nil

Yes

Body/Agency Name

Name of Solicitor/Barrister

Amount Paid 2007

Amount Paid 2008

Amount Paid 2009

Amount Paid 2010 to date

Was a Competitive Tendering Process Held?

McCann Fitzgerald Solicitors

40,159

Nil

Nil

Nil

Yes

McCann FitzGerald Solicitors

Nil

Nil

Nil

6,508

Yes

McCann FitzGerald Solicitors

Nil

Nil

13,682

Nil

Yes

McCann FitzGerald Solicitors

Nil

7,941

Nil

Nil

Yes

Morgan McManus Solicitors

Nil

Nil

Nil

46,592

Yes

Morgan McManus Solicitors

Nil

Nil

229,595

Nil

Yes

Morgan McManus Solicitors

32,807

Nil

Nil

Nil

Yes

Morgan McManus Solicitors

Nil

48,522

Nil

Nil

Yes

Murnaghan & Fee Solicitors

Nil

Nil

Nil

53,763

Yes

Murnaghan & Fee Solicitors

Nil

30,575

Nil

Nil

Yes

Murnaghan & Fee Solicitors

26,463

Nil

Nil

Nil

Yes

Murnaghan & Fee Solicitors

Nil

Nil

38,515

Nil

Yes

P O’Connor and Son

363

Nil

Nil

Nil

Yes

P O’Connor and Son

Nil

11,807

Nil

Nil

Yes

**Payments to several payees where individual supplier details are not kept electronically

An Foras Teanga’, comprising:

Ulster-Scots Agency

Johns Elliot

Nil

13,584

Nil

Nil

No

Johns Elliot

Nil

Nil

163

Nil

No

Body/Agency Name

Name of Solicitor/Barrister

Amount Paid 2007

Amount Paid 2008

Amount Paid 2009

Amount Paid 2010 to date

Was a Competitive Tendering Process Held?

Foras na Gaeilge

Barry Mulqueen

5,400

Nil

Nil

Nil

No

Edge Manning & Co Solicitors

13,250

Nil

Nil

Nil

No

Edge Manning & Co Solicitors

Nil

4,913

Nil

Nil

No

Edge Manning & Co Solicitors

Nil

Nil

10,910

Nil

No

Edge Manning & Co Solicitors

Nil

Nil

Nil

16,216

No

Gearóid Mac Unfraidh

908

Nil

Nil

Nil

No

Gearóid Mac Unfraidh

Nil

Nil

255

Nil

No

Gearóid Mac Unfraidh

Nil

Nil

Nil

7,360

No

Mason Hayes Curran

Nil

Nil

38,762

Nil

No

O’ Hare Solicitors

15,264

Nil

Nil

Nil

No

Peter Ward

Nil

Nil

638

Nil

No

Philip Lee Solicitors

23,885

Nil

Nil

Nil

No

Philip Lee Solicitors

Nil

6,067

Nil

Nil

No

Reddy Charlton McKnight

Nil

Nil

68,812

Nil

No

Séamas Ó Tuathail

545

Nil

Nil

Nil

No

Séamas Ó Tuathail

Nil

Nil

Nil

10,496

No

Bord na Leabhar Gaeilge

Edge Manning & Co Solicitors

363

Nil

Nil

Nil

No

F.G McCarthy Solicitors

1,421

Nil

Nil

Nil

No

Mullaneys Solicitors

605

Nil

Nil

Nil

No

Sweeney McGann

6,534

Nil

Nil

Nil

No

Body/Agency Name

Name of Solicitor/Barrister

Amount Paid 2007

Amount Paid 2008

Amount Paid 2009

Amount Paid 2010 to date

Was a Competitive Tendering Process Held?

Clár na Leabhar Gaeilge**

Edge Manning & Co Solicitors

Nil

5,445

Nil

Nil

No

Edge Manning & Co Solicitors

Nil

Nil

1,337

Nil

No

Gearóid Mac Unfraidh

Nil

605

Nil

Nil

No

Sweeney McGann

Nil

11,158

Nil

Nil

No

**Successor programme following abolition of Bord na Leabhar Gaeilge

National Disability Authority

A L Goodbody

46,988

Nil

Nil

Nil

No

A L Goodbody

22,763

Nil

Nil

Nil

No

A L Goodbody

Nil

14,740

Nil

Nil

No

A L Goodbody

Nil

5,675

Nil

Nil

No

A L Goodbody

Nil

Nil

2,751

Nil

No

A L Goodbody

Nil

Nil

Nil

4,527

No

Beauchamps

12,100

Nil

Nil

Nil

No

Beauchamps

Nil

17,327

Nil

Nil

Yes

Beauchamps

Nil

7,089

Nil

Nil

Yes

Beauchamps

Nil

1,791

Nil

Nil

Yes

Beauchamps

Nil

Nil

459

Nil

No

BCM Hanby Wallace

Nil

Nil

7,108

Nil

Yes

Family Support Agency

A+L Goodbody Solicitors

20,907

Nil

Nil

Nil

Yes

Nil

39,217

Nil

Nil

Nil

Nil

16,644

Nil

Nil

Nil

Nil

20,247

Lucinda Creighton

Question:

279 Deputy Lucinda Creighton asked the Minister for Community, Equality and Gaeltacht Affairs the progress made in implementing each specific recommendation of the Special Group on Public Sector Service Numbers and Expenditure Programmes report that pertains to his Department in tabular form; the savings achieved in relation to each specific recommendation; and if he will make a statement on the matter. [40954/10]

As I recently advised the Deputy, the Report of the Special Group on Public Service Numbers and Expenditure Programmes presented a set of options to reduce expenditure and staff numbers across the public sector. These options were considered by the Government in the context of the 2010 Budget.

Gross savings of some €57 million, or almost 12%, were achieved in the 2010 Revised Estimates Volume (REV) for the Vote of the then Department of Community Rural and Gaeltacht Affairs, relative to the 2009 REV. While the allocations in most expenditure programmes were reduced, the primary concern was to protect as much as possible the daily front-line services being funded through my Department, especially those focused on the needs of the most socially deprived communities.

With regard to the reduction in staff numbers, the Government's moratorium on staff recruitment and promotion and other associated measures, including the incentivised early retirement scheme, have achieved, and continue to achieve, reductions in staff numbers across my Department and relevant agencies.

In terms of specific recommendations by the Special Group, one key recommendation was predicated on my Department being dissolved and its functions transferred to other Departments. Other recommendations related to the abolition or transfer between Departments of specified functions. In this regard, the Deputy will be aware that, as part of the restructuring of Departments and agencies announced in March last by the Taoiseach to ensure greater coherence and produce more efficient delivery, my Department has taken over responsibility for (i) social inclusion policy and family policy from the Department of Social Protection and (ii) equality, disability, integration and human rights from the Department of Justice and Law Reform.

In relation to other recommendations by the Special Group, the Deputy should note that:

The funding of a number of programmes referred to is subject to ongoing consideration of options in the context of the forthcoming Budget;

The Government's key objective in the cohesion process at this time is to ensure greater efficiencies and value for money through the new Local and Community Development Programme. The Programme will be subject to robust monitoring and evaluation and will be implemented through a single delivery structure in each area from January next year. The consolidation/reduction of other structures under my Department’s remit will be reviewed over the coming period;

The future of the Western Development Commission remains under consideration in the context of the ongoing general review of enterprise structures;

It is anticipated that the Dormant Accounts (Amendment) Bill, which will, inter alia, dissolve the Dormant Accounts Board will be published during the present parliamentary session;

Options in relation to the future functions of the Family Support Agency are under review and proposals relating to the reallocation of some functions of the Equality Tribunal will fall to be considered in the context of the review of the equality and human rights bodies currently under way;

Responsibility for the Community Services Programme has transferred to the Department of Social Protection;

The Gaeltacht Housing Grant Scheme was suspended in April 2009. While existing commitments under the scheme continue to be met, no new commitments have been created since that time; and

Other issues with regard to the funding of Irish language/Gaeltacht programmes and the future role of Údarás na Gaeltachta are subject to ongoing consideration in the context of both the forthcoming Budget and the anticipated publication of the 20-year Strategy for Irish. The draft Strategy has been subject to review by the relevant Oireachtas Committee and it is anticipated that the matter will be re-submitted to Government in the coming period.

In light of the foregoing, the Deputy will appreciate that any calculation of savings arising would be premature at this stage.

Departmental Investigations

Bernard J. Durkan

Question:

280 Deputy Bernard J. Durkan asked the Minister for Defence the extent to which he has examined alleged irregularities in the Irish Red Cross; when he expects such inquiries to be concluded; and if he will make a statement on the matter. [40868/10]

The Irish Red Cross Society is an independent statute based charitable organisation with full power to manage its own affairs. The Minister for Defence has no function in the administration of the Irish Red Cross Society and does not get involved in the day-to-day running of its affairs. It is my understanding that the issue of the bank account in question is being dealt with by the Society. It is also my understanding that all funds have been properly accounted for. The Society has put in place new and revised procedures so that such circumstances do not recur.

Departmental Expenditure

Brian Hayes

Question:

281 Deputy Brian Hayes asked the Minister for Defence if he will provide an itemised list of payments made to external solicitors and to external barristers whose services were procured directly by the Department and by each agency and body under its aegis in the years 2007, 2008, 2009 and to date in 2010; the reason for each such procurement; if such services were procured through competitive tendering processes in every instance; and if he will make a statement on the matter. [40937/10]

In 2007 McCann Fitzgerald solicitors were contracted, through a competitive tendering process, to provide legal drafting, research and advice services in relation to the drafting of new Rules and Procedure and Court Martial Rules following the enactment of the Defence (Amendment) Act, 2007. A payment for this service was made in 2008 to the value of €53,845 which included VAT. The Defence Forces Canteen board have procured legal advice from B.P. McCormack & Son, Solicitors, when required, since 1944. The only payment made in the years listed was a payment of €5,505.50 in 2008 in relation to two cases. Firstly, advice was sought concerning the amendment of Regulations and secondly legal advice sought in a case taken by an employee of the Board.

Overseas Missions

David Stanton

Question:

282 Deputy David Stanton asked the Minister for Defence, further to reports in a newspaper (details supplied), if it is true that his Department is owed moneys from the UN for peacekeeping operations; the amount outstanding and the operations for which it is owed; the way this article reconciles with his statement to the Select Committee on Justice, Defence and Women’s Rights on 20 October 2010. [40998/10]

The Department replied on 8th October 2010 to a query received from the newspaper in question regarding amounts due to Ireland, from the United Nations (UN), in respect of peacekeeping operations. As of 30th September 2010, the UN owed Ireland approximately €5.6 million. However, on 11th October a payment of approximately €5 million was received from the UN, thereby reducing the amount currently owed to Ireland to €0.6 million in respect of UNIFIL (Lebanon), sea/air transport costs.

The €5 million UN payment was in respect of equipment deployed by the Defence Forces to the United Nations Mission in the Central African Republic and Chad (MINURCAT). In accordance with the terms of a Memorandum of Understanding agreed between Ireland and the UN for Ireland's contribution of troops and equipment to MINURCAT, all costs have now been received. A claim is currently being processed by the Department for submission to the UN in respect of costs associated with the withdrawal of the Irish Contingent from MINURCAT. Since 01 January 2010, the UN has paid a total of €8m approximately to Ireland in respect of costs associated with the deployment of Defence Forces personnel to UN missions, the bulk of which was in respect of the MINURCAT mission.

Defence Forces Strength

David Stanton

Question:

283 Deputy David Stanton asked the Minister for Defence, further to Parliamentary Question No. 545 of 19 October 2010, if he will provide a breakdown of the number of Permanent Defence Forces cadre personnel by Reserve Defence Forces unit; and if he will make a statement on the matter. [40999/10]

A breakdown of the number of Permanent Defence Force (PDF) Cadre personnel by Reserve Defence Force (RDF) unit is being compiled and will be forwarded to the Deputy as soon as it becomes available.

David Stanton

Question:

284 Deputy David Stanton asked the Minister for Defence the number of Permanent Defence Forces personnel currently acting up to fill vacancies within the PDF; the number of same who are being paid additional moneys towards their additional duties; and if he will make a statement on the matter. [41000/10]

The number of members of the Permanent Defence Force who are being paid acting/substitution allowance for performing the duties of a higher rank is as follows:

Enlisted Personnel

With effect from the last payroll, which in the case of Enlisted Personnel was the 20 October 2010, 97 Enlisted Personnel were paid for performing the duties of a higher rank (39 were paid Acting Allowance and 58 were paid Substitution Allowance).

Officers

With effect from the last payroll, which in the case of Officers was the 29 October 2010, 95 Officers were paid for performing the duties of a higher rank (93 were paid Substitution Allowance and 2 were paid Acting Allowance).

Agreement on an Employee Control Framework has been reached with the Department of Finance, which is based on a figure of 10,000 all ranks Permanent Defence Force personnel, appropriately configured across the Army, Naval Service and Air Corps to enable them meet the roles assigned by Government. The issue of the payment of an acting/substitution allowance, to members of the Permanent Defence Force, for performing the duties of a higher rank is being addressed within the implementation of the ECF and the review of the structures and posts required to meet the operational requirements of the Permanent Defence Force.

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