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Dáil Éireann debate -
Wednesday, 6 Apr 2011

Vol. 729 No. 3

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 17, inclusive, answered orally.
Question No. 18 answered with Question No. 12.

Local Government Reform

Sandra McLellan

Question:

19 Deputy Sandra McLellan asked the Minister for the Environment, Heritage and Local Government his plans to amend the criteria of class 1 and class 2 local authorities to rectify the anomalies where certain smaller councils are rating authorities and larger councils do not have the same powers. [6919/11]

The current system of rating and non-rating authorities is long-established. There are 54 rating town councils (including the five borough councils) and 26 non-rating town councils, previously known as town commissioners.

The Report of the Local Government Efficiency Review Group published in July 2010 includes a recommendation to transfer responsibility for planning, roads and housing functions from town councils to county councils on efficiency grounds and to eliminate administrative duplication. Allied to this is the recommendation to remove the power to determine the annual rate on valuation (ARV), which forms the basis of the levying of commercial rates, and the application of town charges in the same manner as in respect of existing non-rating town council areas.

A range of work relevant to local government reform is already under way or in planning arising from the report and I am reviewing the next immediate steps to augment this work. I will also be considering wider proposals to renew and develop the local government system in line with the Government's programme and building on relevant research and analysis already undertaken in this area. In the meantime and as recommended in the report, I am establishing an implementation group with an independent chairperson to drive, oversee and report on progress being made in the implementation of relevant recommendations.

Key objectives under the Programme for Government include devolution of greater decision-making to local level, strengthening the powers and functions of local authorities; enhancing the development and leadership role of local government and strengthening its structures and funding arrangements. I intend bringing proposals to Government in due course on action to take forward the proposals in the Programme to strengthen the local government system and improve its capacity to meet current and future challenges and to make a substantial contribution to the national recovery effort.

Question No. 20 answered with Question No. 10.
Question No. 21 answered with Question No. 15.

Departmental Reports

Mary Lou McDonald

Question:

22 Deputy Mary Lou McDonald asked the Minister for the Environment, Heritage and Local Government the position regarding the publication of the Hennessy report. [6918/11]

My predecessor as Minister for the Environment, Heritage and Local Government, Mr. John Gormley, appointed Mr. John Hennessy, SC, as an authorised person under section 224 of the Local Government Act 2001, to examine various financial matters arising in relation to the Waste to Energy facility proposed for Poolbeg.

I am considering the Hennessy Report in consultation with the Attorney General, including issues relating to publication, and am working to conclude this consideration as soon as possible.

The Programme for Government commits to the development of a coherent national waste policy, adhering to the waste hierarchy, which will aim to minimise waste disposal in landfill and maximise recovery. The waste policy will address all of the tiers of the waste hierarchy, including incineration. I am prioritising this commitment, as I am anxious to provide early certainty, in the form of both policy and legislation, to ensure that the necessary actions and investments are progressed to achieve those aims.

I intend, at an early opportunity, to advise the Oireachtas of the guiding principles which will inform the development of waste policy. I look forward to engaging with parliamentary colleagues and the range of interests in the waste sector in this regard.

Radon Gas

Seán Crowe

Question:

23 Deputy Seán Crowe asked the Minister for the Environment, Heritage and Local Government his plans to introduce a grant or other financial support for homeowners who are on low incomes or dependent on social welfare income to carry out radon tests on their homes. [6910/11]

The extent of the radon problem in Ireland has been assessed by the Radiological Protection Institute of Ireland (RPII) over a number of years. Between 1992 and 1999, the RPII carried out a comprehensive National Radon Survey to measure radon concentrations in Irish homes. The principal objective was to assess the scale of the radon problem and, in particular, identify areas at higher risk of radon contamination above the national reference level of 200 becquerels per metre cubed (Bq/m3).

Through the RPII's radon advice and awareness work, my Department supports efforts to raise public awareness of the risks posed by radon in the home. Householders, particularly those in known high radon areas, have been strongly encouraged by the RPII to have their homes tested for radon and to undertake remediation works where necessary.

At present, there is no funding available through my Department to carry out radon tests. The cost of a household radon test is typically around €55. Further information is available on the RPII website www.rpii.ie.

Waste Management

Timmy Dooley

Question:

24 Deputy Timmy Dooley asked the Minister for the Environment, Heritage and Local Government his views regarding waste management policy; and his policy on incineration. [6836/11]

Brian Stanley

Question:

49 Deputy Brian Stanley asked the Minister for the Environment, Heritage and Local Government his plans for the development of a coherent waste management strategy and proposed policy and legislation to accompany the strategy. [6906/11]

I propose to take Questions Nos. 24 and 49 together.

The Programme for Government commits to the development of a coherent national waste policy, adhering to the waste hierarchy, which will aim to minimise waste disposal in landfill and maximise recovery. I am prioritising this commitment, as I am anxious to provide early regulatory certainty, in the form of both policy and legislation, to ensure that the necessary actions and investments are progressed to achieve those aims. I have recently signed regulations to complete Ireland's transposition of the Waste Framework Directive, giving statutory status to the waste hierarchy in Irish law, and I will be addressing other legislative issues shortly when the House debates the Environment (Miscellaneous Provisions) Bill, which has been restored to the Order Paper.

I intend, at an early opportunity, to advise the Oireachtas of the guiding principles which will inform the development of waste policy. That policy will address all tiers of the waste hierarchy, including incineration, and, in accordance with the Programme for Government commitments, will also address a number of other issues, including:

Changes to the structure of the household waste collection market;

The related issue of waivers for low income households; and

Producer responsibility initiatives and requirements.

I look forward to engaging with parliamentary colleagues and the range of interests in the waste sector in the development of the new policy framework. My aim is to complete the policy development process this year.

Water Services

Pádraig Mac Lochlainn

Question:

25 Deputy Pádraig Mac Lochlainn asked the Minister for the Environment, Heritage and Local Government his plans to address the situation whereby local authorities cannot spend the substantial amounts in capital water services accounts to repair essential water infrastructure due to the terms of the EU Stability and Growth Pact. [6921/11]

In February 2009, my Department set out details of the financial requirements for local authorities relating to their overall management of capital and current accounts. These requirements flow directly from the requirement for Government finances as a whole to be managed in accordance with the Stability and Growth Pact established under the Maastricht Treaty, and the associated limitation on budget deficits.

The Government has set a limit of €200 million for the contribution of the local government sector to the deterioration in the General Government Balance (or GGB) in any one year. In order to stay within this limit, it is necessary for local authorities to maintain both their current and capital accounts broadly in balance.

My Department continues to work with all local authorities to ensure that, within the context of the overall GGB requirements, decisions on matters of capital investment are taken in a way which maximise available resources and give the necessary prioritisation to environmental, economic and social infrastructure, with a particular emphasis on improving national water infrastructure.

In 2010, some €124.4 million in local authority borrowings was sanctioned in relation to water infrastructure. Such borrowing forms part of the financing of water services capital, but it should be noted that the largest portion of capital investment in water services is met by the Exchequer. While the level of grant at project level averages around 75-80%, the level of Departmental funding for rehabilitation and replacement of water mains is generally 90% and authorities should have the capacity to advance such contracts on a timely basis notwithstanding the overall financial constraints. The availability of access to borrowing on an annualised basis for schemes in progress effectively ensures that Water Services Authorities have access to borrowing for water services schemes when it is required.

In accordance with the Government's Water Pricing Policy, the marginal capital cost of providing water services infrastructure to the non-domestic sector is funded by that sector. Pending the receipt of funds from the non-domestic sector in respect of such works, local authorities fund the works themselves through the proceeds of development levies or access to borrowing.

An overall allocation of €435 million being made available in 2011 from the Exchequer for investment in water services infrastructure. The process of prioritising loan applications for such projects in 2011 is almost complete and my Department has been guided by local authorities in respect of the most critical projects requiring funding.

Election Management

Pearse Doherty

Question:

26 Deputy Pearse Doherty asked the Minister for the Environment, Heritage and Local Government his plans to introduce spending limits for elections and constitutional referendums in advance of the forthcoming presidential election. [6913/11]

The Programme for Government contains a commitment to having spending limits for all elections and constitutional referendums, including for a period in advance of scheduled local, European, general and presidential elections.

Part IV of the Electoral Act 1997 provides for an election expenses regime to be applied to candidates at a presidential election. While the monetary amounts in respect of the spending limit were not specified in the 1997 Act, provision was made for this to be effected by Ministerial order. This was done in July 2004 in advance of the Presidential Election scheduled for later that year. Statutory Instrument No. 441 of 2004 set the spending limit at €1,300,000, and this is the amount that currently applies.

At the moment there are no spending limits in place for constitutional referendums. In bringing forward proposals to amend the relevant legislation, which I intend to progress as soon as possible, I will have regard to the report prepared in March 2009 by the Standards in Public Office Commission on the operation of provisions applying to third parties at the first referendum on the Lisbon Treaty held in 2008. Third parties are typically campaign groups and are defined under section 22(2)(aa) of the Electoral Act 1997. The report recommended that third parties and political parties should be required to disclose details of expenditure on referendum campaigns. It also recommended that information should be made available on the sources of funding available to both third parties and political parties.

Question No. 27 answered with Question No. 15.

Departmental Bodies

Pearse Doherty

Question:

28 Deputy Pearse Doherty asked the Minister for the Environment, Heritage and Local Government the date on which he will introduce legislation establishing an electoral commission to subsume the functions of existing bodies in the Department of the Environment, Heritage and Local Government. [6912/11]

The Programme for Government contains a commitment to establish an Electoral Commission to subsume functions of existing bodies and my Department. This is part of the Government's wider commitment to a radical overhaul of the way Irish politics and Government work. An Electoral Commission will be an important element in a reformed and revitalised electoral system.

In developing proposals for the establishment of an Electoral Commission, I am aware that there is extensive knowledge and expertise in electoral matters across all sides of the House. The Oireachtas Joint Committee on the Constitution, which published a report on the electoral system in July 2010, stated that it strongly supported the establishment of an independent Electoral Commission. I look forward to the continued input of Oireachtas members in the implementation of the Programme for Government commitment to establish such a body.

While there is broad agreement on the principle that an Electoral Commission should be established, setting up this new structure will be a major body of work and it needs to be done right. Issues for consideration include international best practice, the Commission's structure and functions, who it reports to, its relationship with other bodies currently involved in electoral administration, and the approach to be followed in relation to the extensive legislation that will be required.

I am currently giving consideration to how the necessary measures to establish an Electoral Commission can be advanced.

Question No. 29 answered with Question No. 15.

Library Services

Question:

30 Deputy Michael P. Kitt asked the Minister for the Environment, Heritage and Local Government if research has been carried out to provide a broad range of music services in public libraries; the percentage of music materials in library stock; if there are extra charges for access to music provision; and if he will make a statement on the matter. [6724/11]

Section 78 of the Local Government Act 2001 deals with the functions of library authorities. Section 78(2)(a) of the Act provides that a library authority may, in particular, arrange for the provision of premises and facilities (including mobile facilities) for the borrowing of and reference to books and other printed matter, tapes and discs (being audio, video or both) slides and such other material, including material available by means of computers and information technologies, as it considers appropriate. The adoption of a library development programme, which may include the music services to be provided, is a reserved function of the local authority.

Branching Out, Future Directions, the policy document on the development of the public library service in Ireland, published in 2008, recognises libraries as centres of culture. In terms of libraries as resources for cultural expression, Branching Out, Future Directions, recommended that priorities would include the development and enhancement of a range of cultural programmes including music events.

An Chomhairle Leabharlanna (the Library Council) collects statistics on the public library service throughout Ireland. In 2009, the latest year for which full statistics are available, music materials made up some 1.7% of total materials held in library authority collections.

Under Section 66 (10) of the 2001 Act a local authority may make such charges for the use of, admission to or otherwise in relation to amenities, facilities, services or any other thing provided as it considers appropriate.

International Agreements

Martin Ferris

Question:

31 Deputy Martin Ferris asked the Minister for the Environment, Heritage and Local Government the position regarding his work on the Oslo-Paris Convention for the Protection of the Marine Environment of the North-East Atlantic, OSPAR, to achieve progressive and substantial reductions of radioactive discharges into the Irish Sea. [6916/11]

The OSPAR strategy with regard to radioactive substances (RSS) has as its objective the prevention of pollution of the OSPAR maritime area by radioactive substances. This is to be achieved by the contracting parties to the convention, which include Ireland and the UK, through progressive and substantial reductions in discharges, emissions and losses of radioactive substances, with the ultimate aim of achieving concentrations in the marine environment near background values for naturally occurring radioactive substances, and close to zero for artificial radioactive substances by the year 2020.

The Radiological Protection Institute of Ireland (RPII) has an ongoing monitoring programme of the Irish marine environment which is reviewed at regular intervals to ensure it is fit for purpose, including regarding assessing progress towards the implementation of the OSPAR strategy. The results of RPII monitoring are available on the institute's website, www.rpii.ie.

As Ireland has no nuclear installations, the only sources of radioactive discharge from Ireland to the OSPAR maritime area arise from the use of unsealed sources of radiation in the medical, education and research sectors and from discharges of produced water by the oil and gas industry. Iodine-131, mainly arising from discharges from Irish hospitals, is the only radionuclide present in measurable concentrations in discharges from Ireland. The use of unsealed sources of radiation at hospitals and at teaching and research facilities is carried out under licence from the RPII.

The RPII undertook a regulatory review of procedures dealing with iodine-131 discharges, which concluded that the procedures are consistent with the best available technique (BAT) concept as required under the OSPAR RSS. Furthermore, the environmental impact arising from Ireland's iodine-131 discharges is negligible and of no risk to members of the public from a radiological point of view.

Contracting Parties to the OSPAR Convention are required to publish national plans to show how the RSS is being implemented in their respective countries. Ireland's national plan was revised and updated in 2010 and presented to the OSPAR Commission. The plan can be viewed on my Department's website at http://www.environ.ie/en/Publications/. The revised plan confirms that Ireland is on course to meet its commitments fully under the OSPAR RSS.

The UK also published in 2009 a Strategy for Radioactive Discharges which describes how the UK intends to meet its commitments under the OSPAR RSS. It is our expectation that the UK will fully meet all of its commitments under this strategy.

Question No. 32 answered with Question No. 15.

Unfinished Housing Developments

Dessie Ellis

Question:

33 Deputy Dessie Ellis asked the Minister for the Environment, Heritage and Local Government his plans to resolve the problems associated with ghost estates. [6915/11]

Timmy Dooley

Question:

44 Deputy Timmy Dooley asked the Minister for the Environment, Heritage and Local Government the way he proposes to tackle ghost estates. [6837/11]

I propose to take Questions Nos. 33 and 44 together.

I refer to the reply to Question No. 5 of today which sets out the position in this matter.

Local Government Reform

Catherine Murphy

Question:

34 Deputy Catherine Murphy asked the Minister for the Environment, Heritage and Local Government if it is intended to retain a town council system; and if he will make a statement on the matter. [6830/11]

Caoimhghín Ó Caoláin

Question:

50 Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government his plans to reform and empower local government, including introducing participatory democracy initiatives. [6923/11]

I propose to take Questions Nos. 34 and 50 together.

A range of work relevant to local government reform is under way or in planning arising from the Report of the Local Government Efficiency Review Group and I am reviewing the next immediate steps to augment this work. I will also be considering wider proposals to renew and develop the local government system in line with the Programme for Government and building on relevant research and analysis already undertaken in this area.

Key objectives under the Programme for Government include devolution of greater decision-making to local level, strengthening the powers and functions of local authorities; enhancing the development and leadership role of local government and strengthening its structures and funding arrangements. I intend bringing proposals to Government in due course on action to take forward the proposals in the Programme to strengthen the local government system and improve its capacity to meet current and future challenges and to make a substantial contribution to the national recovery effort.

Proposed Legislation

Barry Cowen

Question:

35 Deputy Barry Cowen asked the Minister for the Environment, Heritage and Local Government his priorities in regard to political reform until the end of 2011. [6838/11]

Willie O'Dea

Question:

36 Deputy Willie O’Dea asked the Minister for the Environment, Heritage and Local Government if he will make a commitment to publish legislation banning corporate donations before the end of 2011. [6833/11]

I propose to take Questions Nos. 35 and 36 together.

The Programme for Government commits to a radical overhaul of the way Irish politics and Government work. It sets out a wide-ranging series of commitments to this end, a number of which are within my areas of responsibility as Minister. I am committed to working with my Government colleagues to implement these measures in full.

The Programme for Government states that we will introduce the necessary legal and constitutional provisions to ban corporate donations to political parties. This is one element of the Government's plan to bring about reform of the funding and operation of politics in Ireland.

Work is currently underway in my Department on the preparation of legislation to give effect to this commitment on political funding, having regard to recommendations made in the final report of the Moriarty Tribunal. I expect that this legislation will be published this year.

Water Charges

Aengus Ó Snodaigh

Question:

37 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government his plans to impose water charges on domestic users. [6924/11]

Aengus Ó Snodaigh

Question:

40 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government if he has sought legal advice on whether the planned water charges model complies with the EU water directive. [6925/11]

I propose to take Questions Nos. 37 and 40 together.

The Programme for Government includes a commitment to introduce a fair funding model to deliver reliable water services. The Programme also proposes the installation of water meters in individual households and introduction of water charges based on usage above a free allowance. My Department is currently preparing a strategy to implement these proposals, including legislation to allow for the introduction of domestic water charges. The advice of the Attorney General will be obtained on all aspects of the draft legislation before it is finalised.

Nuclear Safety

Michael McGrath

Question:

38 Deputy Michael McGrath asked the Minister for the Environment, Heritage and Local Government the action he has taken in the past fortnight since the disaster in Japan to ensure that there is a contingency plan in place should a similar event happen at the Sellafield plant in England. [6647/11]

The Government has in place a National Emergency Plan for Nuclear Accidents. This is designed to respond to an event at a nuclear installation abroad, including plants in the UK or in other countries, that could result in radioactive contamination reaching Ireland. The Plan conforms to best international standards and practice as established by the International Atomic Energy Agency. My Department is the Lead Government Department for co-ordinating the response to any nuclear accidents, and is assisted by a range of relevant Departments and agencies, including relevant specialist agencies such as the Radiological Protection Institute of Ireland (RPII), the Food Safety Authority of Ireland (FSAI) and Met Éireann.

Ireland has a bi-lateral agreement on the early notification of a nuclear incident with the United Kingdom. My Department is in regular contact with the relevant British Government Departments and agencies on nuclear safety and radiological protection matters. The RPII also has bilateral arrangements with the regulatory bodies responsible for radiological protection and nuclear safety in the United Kingdom and keeps my Department fully briefed on these matters. The RPII has a national radiation monitoring network, which is used to provide an early warning of elevated radioactivity levels, and makes this information available in real-time on its website at www.rpii.ie. The Institute also has direct access to the UK Radiation Monitoring System (RIMNET).

Since the earthquake and tsunami on 11 March which resulted in the nuclear emergency in Japan, the relevant authorities in Ireland have been monitoring the situation, taking account of information available through the International Atomic Energy Agency and the European Union. The incidents to date have been rated as a five on the seven point International Nuclear and Radiological Event Scale (INES) indicating their serious nature, and that the impact is in the wider area of the affected power plant.

My Department's National Directorate for Fire and Emergency Management convened a National Co-ordination Group of the relevant Departments and agencies on the day following the earthquake to review the available information and to consider potential issues for Ireland. The RPII has confirmed that it has detected the presence of trace amounts of radioactivity from the Fukushima accident in Ireland. The amount of radio-iodine identified is extremely low, is consistent with levels found in other European countries, and has no public health implications.

The National Co-ordination Group continues to meet routinely to assess emerging issues and to ensure that appropriate information is made available to the public.

Proposed Legislation

Sean Fleming

Question:

39 Deputy Sean Fleming asked the Minister for the Environment, Heritage and Local Government the changes he proposes to make to the 2010 Planning and Development Act. [6835/11]

The Programme for Government sets out a number of commitments in relation to the planning area. These include:

better coordination of national, regional and local planning laws in order to achieve better and more coordinated development that supports local communities;

improving local transport access by requiring, inter alia, that local authorities develop a transport plan in conjunction with their development plans and local area plans;

examining the legislative provisions in relation to the taking in charge of estates by local authorities — this will be informed by the report of the Advisory Group on Unfinished Housing Developments which will be completed shortly;

substantially increasing existing penalties for those who break planning laws, and

ensuring that the planning system is integrated with schools planning so that all new zonings for residential development make adequate provision for school places.

The Government also intends to build upon the many planning reforms introduced in the Planning and Development (Amendment) Act 2010 to ensure that there is adequate access and participation by citizens and public representatives in decision making and policy formation.

Question No. 40 answered with Question No. 37.

Illegal Dumping

Jonathan O'Brien

Question:

41 Deputy Jonathan O’Brien asked the Minister for the Environment, Heritage and Local Government his plans to clamp down on environmental crimes such as illegal dumping. [6922/11]

Enforcement of waste legislation, including action against illegal activity, is a matter for the local authorities and the Office of Environmental Enforcement (OEE) within the Environmental Protection Agency.

I am providing over €7m in grant assistance from the Environment Fund to local authorities this year to support continuing waste enforcement. Some 120 local authority waste enforcement staff are funded under this grant scheme. In July 2008 following the issue of a policy direction under section 60 of the Waste Management Act 1996 to local authorities and the EPA, each local authority and the EPA has prepared and published an Enforcement Policy in respect of Unauthorised Waste Activities. The funding allocated will enable local authorities to implement their plans and carry out a detailed programme of enforcement during 2011.

The OEE and the local authorities are, at my Department's request, prioritising enforcement activities in relation to aspects requiring attention under European Court of Justice case C494/01 such as unauthorised end of life vehicle sites. The Environmental Enforcement Network run by the OEE is overseeing the development and implementation of local authority inspection plans. I will be keeping progress in this area under review on an ongoing basis.

Social and Affordable Housing

Sean Fleming

Question:

42 Deputy Sean Fleming asked the Minister for the Environment, Heritage and Local Government his plans to protect homeowners with distressed mortgages where the loans were advanced by the local authorities; and if he will instruct the local authorities to show the same level of flexibility to these homeowners as is being shown by the main financial institutions. [6834/11]

The Government is acutely conscious of the difficulties many households are facing in terms of mortgage arrears and our Programme for Government sets out a range of credible and meaningful measures that will help households challenged to meet mortgage commitments. In terms of arrears among borrowers from local authorities, I believe it is essential that such borrowers should expect at least the same degree of flexibility as is being shown to borrowers from private lending institutions. The very low rate of repossession by local authorities demonstrates that this has traditionally been the case. However, to ensure consistency of treatment for all borrowers in arrears, my Department is currently updating comprehensive guidance on arrears management to reflect the changes introduced by the Financial Regulator in the revised Code of Conduct for Mortgage Arrears which came into effect on 1 January 2011. The Code of Conduct requires that each lending institution has in place a Mortgage Arrears Resolution Process (MARP) as a framework for handling cases of mortgage arrears. As part of the new guidance being prepared, my Department will issue a single MARP for use by all authorities.

Richard Boyd Barrett

Question:

43 Deputy Richard Boyd Barrett asked the Minister for the Environment, Heritage and Local Government the position regarding the proposed reductions in income thresholds in respect of eligibility for social housing; and if he will make a statement on the matter. [6727/11]

I refer to the reply to Questions Nos. 279 and 280 of 5 April 2011 which outline the position in this matter.

Question No. 44 answered with Question No. 33.

Water Services

Barry Cowen

Question:

45 Deputy Barry Cowen asked the Minister for the Environment, Heritage and Local Government if he will detail capital spending on water services in 1996; and if he will also detail capital spending on water services in 2011. [6839/11]

The Water Services Capital Programme is divided into two elements: the Water Services Investment Programme and the Rural Water Programme. The Water Services Investment Programme is a multi-annual investment plan for the provision of major water and sewerage schemes. The Water Services Investment Programme 2010-2012 is the current such plan. A copy of the Programme is available in the Oireachtas library. The Programme for 2010-2012 prioritises projects that target public heath and environmental compliance issues, rehabilitation of existing water supply networks and projects which support economic and employment growth.

The Department provides annual block grant allocations to local authorities under its Rural Water Programme mainly for funding towards group water schemes and small public water and sewerage schemes. Allocations were made in February 2011 for the current year, and responsibility for the administration of the Programme has been devolved to local authorities since 1997.

The total Exchequer capital allocation for Water Services Infrastructure in 2011 is €435 million — €350 million is allocated to the Water Services Investment Programme (Major Schemes) and €85 million is allocated to the Rural Water Programme for Small Public Schemes and Group Water Schemes.

Total Exchequer expenditure on Water Services capital works amounted to €155.401 million in 1996. The Water Services Investment Programme saw €140.579 million invested on major schemes while €14.822 million was spent under the Rural Water Programme.

Catherine Murphy

Question:

46 Deputy Catherine Murphy asked the Minister for the Environment, Heritage and Local Government if water supply deficits have been calculated in major centres of population; if such a calculation has been made, the measures he intends to implement to deal with short, medium and long-term requirements; and if he will make a statement on the matter. [6831/11]

My Department's Water Services Investment Programme 2010-2012, which is available in the Oireachtas library, sets out the plans for investment in major water supply projects in order to meet key environmental and economic objectives over that period.

The preparation of the Water Services Investment Programme 2010-2012 programme involved a complete review of all schemes which had not substantially progressed to ensure that they remained priorities in the light of these programme objectives. This programme builds on investment in the period 2010-2009, which has seen an increase in water treatment capacity equivalent to the needs of a population of 1.1 million and an increase in storage capacity equivalent to 1.6 million over the same period. The development of the programme included the completion of a needs assessment by all local authorities, including the water supply requirements of major centres of population, from the perspective of both quality and demand in the short, medium and longer term. In preparing the programme, the Department and local authorities also took into account the 2008 Forfás Report — Assessment of Water and Wastewater Services for Enterprise, which examined the future needs of enterprise in NSS gateways and hubs and identified a number of areas where existing or future capacity was constrained.

Addressing such deficits requires a combination of accelerated investment in water conservation to address unsustainable levels of unaccounted for water, and the provision of new and upgraded infrastructure. Consequently, the Programme's water supply component, including water conservation works, comprises some 70 projects in progress with a value of over €500 million, some 180 contracts to be progressed to construction over the period 2010-2012 with a value of over €800 million and some 100 schemes on which planning work will continue.

Social and Affordable Housing

Richard Boyd Barrett

Question:

47 Deputy Richard Boyd Barrett asked the Minister for the Environment, Heritage and Local Government the potential use of National Asset Management Agency properties for social housing and other social and community uses; and if he will make a statement on the matter. [6728/11]

Two of the key challenges for the housing sector at present are the oversupply of housing in certain areas, including in respect of unfinished estates, and the need sustainably to meet the increasing demand for social housing in the context of a severely restricted resource environment. There are clear linkages between the roles of my Department and the National Asset Management Agency (NAMA) in addressing these challenges and there is significant potential to align the objectives of the two organisations.

My Department has already engaged with representatives of NAMA and I have also recently written to the Chairman to seek an early meeting to discuss means of securing a social dividend through the acquisition of suitable residential units for social housing purposes, while providing a return in line with NAMA's mandate.

Greenhouse Gas Emissions

Micheál Martin

Question:

48 Deputy Micheál Martin asked the Minister for the Environment, Heritage and Local Government the way he intends to meet EU and UN targets to tackle climate change; and if he will make a statement on the matter. [6659/11]

For the purposes of the Kyoto protocol, Ireland is committed to limiting average annual greenhouse gas emissions in the period 2008-2012 to 13% above 1990 levels. On foot of the National Climate Change Strategy 2007-2012, Ireland will meet its target through a series of national measures to reduce greenhouse gas emissions, supplemented, as necessary, by the purchase of carbon units on the international market.

Under the December 2008 Effort Sharing Decision, which establishes annual binding greenhouse gas emission targets for Member States for the period 2013-2020, Ireland must achieve a 20% reduction, relative to 2005 levels, in greenhouse gas emissions in the non-traded sector of the economy by 2020 — this covers areas such as transport, agriculture, the residential sector and waste management. Emissions in the traded sector of the economy are being addressed through the separate EU Emissions Trading Scheme.

I have asked my Department to undertake a review of Ireland's climate-related policies and measures in light of existing and anticipated national greenhouse gas mitigation targets for the period to 2020. The outcome of this review, to be completed within 3 months, will underpin the development of future climate policy in support of the achievement of our targets. Ireland will also be engaging closely with efforts to secure agreement on a legally binding international treaty at UN level and with developments on foot of the recently published low carbon economy roadmap to 2050 adopted by the European Commission, taking particular account of the implications that may arise in terms of more ambitious greenhouse gas emissions reduction targets.

Question No. 49 answered with Question No. 24.
Question No. 50 answered with Question No. 34.

Ministerial Meetings

Micheál Martin

Question:

51 Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs the preparations that are under way for Ireland’s chairmanship of the Organisation for Security and Co-operation in Europe in 2012. [6848/11]

As the Deputy will be aware, Ireland will assume the chairmanship of the Organisation for Security and Co-operation in Europe (OSCE) in January 2012 for one year. Comprising 56 participating States from Europe, Central Asia and North America, the OSCE is the world's largest intergovernmental regional security organisation, dealing with a range of issues in the areas of democratisation, human rights, arms control and economic and environmental security. This is the first time Ireland will chair the organisation. The chairmanship represents a useful opportunity for Ireland to assume a leadership role on the global stage. It is also consistent with the country's strong commitment to multilateralism and the promotion of human rights and democratic values. As Minister for Foreign Affairs, I will be the Chairperson-in-Office (CiO) for the duration of our chairmanship and bear overall responsibility for the executive action of the organisation and the co-ordination of its activities.

This year, as part of the preparation for our chairmanship, Ireland is participating in the OSCE Troika with the current chair of the organisation, Lithuania, and previous chair, Kazakhstan. Weekly Troika meetings take place in Vienna, to discuss all aspects of Lithuania's chairmanship and current OSCE issues.Ireland is also chairing the Mediterranean Partners Contact Group this year, which brings together OSCE participating States and the Mediterranean Partner Countries to discuss issues of mutual interest and relevance to the work of the OSCE.

Policy priorities for Ireland's chairmanship year are currently being considered and will be further developed over the course of this year, in close consultation with other participating States. Within the area of the OSCE's Human Dimension, which relates to human rights and democratisation, it is likely Ireland will prioritise the issue of freedom of the media, especially internet-based media. Existing OSCE media freedom commitments need to be adapted in response to the advent of new media technology and this is an issue Ireland will seek to highlight.

Within the OSCE's Economic and Environmental Dimension, Ireland is likely to make governance the central theme for its chairmanship. Several thematic areas could be considered in this regard, including combating corruption, improving the management of public resources, developing a business-friendly environment, promoting SMEs and improving the practice of corporate governance.

In terms of the politico-military dimension, Ireland will work to help facilitate progress in the resolution of the OSCE region's protracted conflicts, drawing on lessons learned from the Northern Ireland peace process. We will also work to see continued progress on updating the OSCE's arms control and confidence and security-building measures and on enhancing the conflict prevention capacity of the organisation.

My officials have been working on preparations for our chairmanship since last summer. A dedicated OSCE Task Force was established in my Department in October. This is likely to number up to 12 officials by mid-year, with a similar number working at Ireland's OSCE Mission in Vienna. I also plan to appoint a Special Representative on the protracted conflicts during our chairmanship.

The OSCE's activities cover a broad spectrum of activities and I want to ensure that all our government departments are in a position to contribute to and gain from our chairmanship. To this end, regular consultations have already begun with officials from other government Departments, who will be able to contribute relevant expertise over the course of Ireland's chairmanship.

On the budgetary side, estimates prepared under my predecessor indicate that the overall cost of our chairmanship to the Exchequer will be up to €10 million. Much of this spending will be on the OSCE Ministerial, which will take place in Dublin in December 2012. An annual event, held over two days in the capital of the chairing State, the Ministerial brings together Foreign Ministers and officials from the OSCE's 56 participating States and partner countries. At least 1000 people are likely to attend the Ministerial in Dublin in December 2012 and the event will require careful logistical planning.

For Ireland, the OSCE remains a cornerstone of peace, security and prosperity in the Eurasian region and I greatly look forward to the challenge of chairing this organisation in 2012.

Overseas Development Aid

Aodhán Ó Ríordáin

Question:

52 Deputy Aodhán Ó Ríordáin asked the Tánaiste and Minister for Foreign Affairs if he will act on the recent publication by Dr. Sheila Killian at the University of Limerick, Driving the Getaway Car? Ireland, Tax and Development, written in co-operation with such prominent non-government organisations (details supplied); and if he will make a statement on the matter. [7054/11]

I welcome the interest among Non-governmental Organisations and academic researchers in the international debate on financing for development, and in particular on the issue of taxation and development. Official Development Assistance (ODA) is essential, both as a direct contribution to the fight against global poverty and as a catalyst for other development funding. However, development is about much more than aid. Sustainable change and inclusive economic growth will not be achieved unless countries themselves can take the lead in their own development. It is worth noting that, at present, domestic revenue raises about ten times more in development financing for Africa than does ODA.

I have seen the report referred to by the Deputy. Notwithstanding its title, the report looks at some serious and important issues. While the Minister for Finance has responsibility for questions in relation to Ireland's taxation system, I would point out that Irish Aid, operating from within my Department, cooperates closely with the Department of Finance and the Revenue Commissioners in providing assistance to developing countries to build up their tax systems and in Ireland's engagement on global policy issues in this area.

Efficient and fair tax systems in developing countries are essential to the fight against poverty, and the achievement of the Millennium Development Goals. It is increasingly being recognised that tax evasion and avoidance, and illicit financial flows, represent a major obstacle to domestic resource mobilisation in poor countries, and are undermining development efforts. Ireland has engaged actively through the European Union, the Organisation for Economic Co-operation and Development, and the United Nations to ensure that effective multilateral action is taken to tackle these practices. A number of important recommendations are emerging, which will be considered in the coming period.

More generally, the Government's approach to these issues will involve a strong commitment to the aid programme and to the 0.7% GNP commitment, which we will strive to meet by 2015. We are firmly committed to the Millennium Development Goals, and to ensuring that Ireland's development programme is rigorously focused on the poorest people and communities, especially in sub-Saharan Africa, and on achieving results in the fight against global poverty and hunger. An important element in this is the building of capacity in our partner countries to raise their own revenue in a fair and efficient way, and to provide effective and accountable management of public resources. Through the Revenue Commissioners, for example, our cooperation with the Rwanda Revenue Authority is already being used to develop a tax compliance risk assessment system which has the potential for application in other developing countries. We are also supporting the African Taxation Administrators Forum in building capacity across the continent.

I believe that Ireland must play its role, as a developed country, in responding to the opportunities which now exist, through the OECD and in cooperation with developing countries, NGOs and the private sector, to create greater international tax transparency. The aim must be to strengthen the enabling environment for developing countries to collect tax revenues, build their state systems, promote inclusive economic growth and end chronic poverty and hunger. In the current economic environment, it is essential that we ensure that our development assistance is achieving clear results, and that we strengthen the coherence of policies across all Government Departments which affect developing countries.

National Minimum Wage

Martin Ferris

Question:

53 Deputy Martin Ferris asked the Minister for Finance in view of the statement by the Taoiseach last Wednesday that reversing the cut to the national minimum wage is contingent on approval by the IMF-EU because it is in the memorandum of understanding, if that also means that the current Government will have to increase the qualifying age to 66 years in line with the memorandum; and if he will make a statement on the matter. [7007/11]

Martin Ferris

Question:

55 Deputy Martin Ferris asked the Minister for Finance in view of the statement by the Taoiseach last Wednesday that reversing the cut to the national minimum wage will require approval by the International Monetary Fund and the EU, if that means that all commitments in the programme for Government can be overridden by the terms of the memorandum of understanding; and if he will make a statement on the matter. [6972/11]

Martin Ferris

Question:

58 Deputy Martin Ferris asked the Minister for Finance in line with the clause on page 13 of the memorandum of understanding with the EU-IMF which states, under the period of this financial assistance programme, any additional unplanned revenues must be allocated to debt reduction, that the proceeds from the planned sale of €2 billion of State assets would mean that the proceeds from that would have to go to pay the debt, rather than as planned to fund a job creation programme; and if he will make a statement on the matter. [7062/11]

I propose to take Questions Nos. 53, 55 and 58 together.

Under the EU/IMF Programme of Financial Support, Ireland has agreed to deliver a wide range of actions and conditions including those referred to by the Deputy in his questions. Furthermore, Ireland has committed to consult with the European Commission, the ECB and the IMF on the adoption of policies that are not consistent with the EU/IMF Programme.

From my dealings to date, I understand the Programme partners are open to changes in the actions and conditions set out in the EU/IMF Programme provided any such changes are accompanied by compensatory measures of equal value or effect. The primary forum for such consultation is the quarterly review missions with the Programme partners, the first of which is taking place this week and next, between the 5th and 15th of April 2011. This review, and subsequent reviews, provide an opportunity to consult with the Programme partners on the various competitiveness measures set out in the Memorandum of Understanding and Memorandum of Economic and Financial Policies, including in relation to the national minimum wage and the review of sectoral wage agreements which is being undertaken, along with the Government's planned Jobs Fund Initiative.

The increase in the qualifying age for the State pension to 66 years is an entirely different issue from the national minimum wage. The Government's policy on that issue has been clearly outlined by my colleague the Minister for Social Protection in response to a PQ from Deputy Brian Stanley on Wednesday 30th of March 2011.

Finally as regards the issue of additional unplanned revenues, the position is that Ireland has a very significant fiscal deficit that must be closed so as to bring sustainability to the public finances, thus underpinning growth. In this context we must be conscious of the high debt level that we now have and take the necessary steps to control and reduce this mounting debt burden.

Motor Fuels

Noel Harrington

Question:

54 Deputy Noel Harrington asked the Minister for Finance his plans to re-introduce the fuel rebate for small private bus operators which are not registered for VAT; and if he will make a statement on the matter. [6970/11]

A derogation under EU Directive 2003/96 on Energy Taxation allowed the application of a reduced rate of Mineral Oil Tax to fuel used for the purposes of certain road passenger services. That derogation has expired and the arrangement was, therefore, terminated by the Finance Act 2008. It would not be possible, having regard to the relevant provisions of EU law, to re-introduce a scheme of that nature for those services.

Question No. 55 answered with Question No. 53.

Freedom of Information

Dominic Hannigan

Question:

56 Deputy Dominic Hannigan asked the Minister for Finance his plans to bring vocational education committees under the remit of the Freedom of Information Acts; and if he will make a statement on the matter. [7028/11]

The Programme for Government provides that the Government will legislate to "restore the Freedom of Information Act to what it was before it was undermined by the outgoing Government", and that it "will extend its remit to other public bodies including the administrative side of the Garda Síochána, subject to security exceptions". It also proposes "to extend Freedom of Information, and the Ombudsman Act, to ensure that all statutory bodies, and all bodies significantly funded from the public purse, are covered".

My Department is carrying out preparatory work to implement the above commitments. When this work is complete I will bring proposals to Government in relation to the Freedom of Information Acts. The proposals will include consideration of the extension of the provisions of the Freedom of Information Acts to Vocational Education Committees.

Flood Relief

Aodhán Ó Ríordáin

Question:

57 Deputy Aodhán Ó Ríordáin asked the Minister for Finance if the revenue earmarked by the previous Government for flood prevention measures on the River Wad in Dublin North Central will be continued; and if he will make a statement on the matter. [7052/11]

Following the extreme flood events on the River Wad in the Donnycarney area of Dublin City in 2008 and 2009, Dublin City Council undertook a study on the River Wad catchment to investigate the problem, and to recommend possible solutions. The costs of the study and subsequent site investigations were funded by the Office of Public Works (OPW).

The completed study recommended that a flood relief scheme was feasible and should be advanced in three phases. The City Council and OPW agreed in 2010 that the first phase, around the Clonmoyle Estate, should be progressed to detailed design. The City Council then commenced the detailed design process of this phase, which is now being completed, and which will be followed by a Part 8 Planning procedure, if required. Once the Council has secured all local consents and has passed any required planning processes, it will formally request funding from OPW to construct the scheme. The costs of this phase are estimated to be in the order of €2 million.

The costs of Phase 1 are presently included in OPW's Multi Annual Financial Profile.

Question No. 58 answered with Question No. 53.

Employment Support Services

Thomas P. Broughan

Question:

59 Deputy Thomas P. Broughan asked the Minister for Education and Skills the allocation of funding to former workers of a company (details supplied) from the European Globalisation Adjustment Fund; if the funding has begun to be drawn down and dispersed to the ex-employees for education, retraining and small business support purposes; and if he will make a statement on the matter. [6967/11]

On 8 December 2010, the European Commission approved the Irish application for European Globalisation Adjustment Fund (EGF) co-financing assistance in support of 1,135 workers made redundant in 2009 at the S R Technics aircraft maintenance facility at Dublin Airport. The EGF application was for a total of €11.46m of which the EU contribution of €7.45m was received on 22 December 2010.

Under the terms of the European Commission financing decision, EGF co-funding can be used for measures delivered from the commencement of service provision to the affected workers from 25 March 2009 until 9 October 2011. No EGF funding can be provided for measures after the latter date. Under the SR Technics EGF programme, funding is provided by my Department as the EGF Managing Authority to relevant intermediate bodies who facilitate the delivery of training, educational and enterprise supports through a range of in-house and external service providers rather than directly to individual participants.

The relevant service providers such as FÁS, City and County Enterprise Boards (CEBs), Vocational and Education Committees (VECs) and higher education institutions and colleges have, since March 2009, provided the former SR Technics workers affected with a range of occupational guidance, training, educational opportunities and enterprise supports. For example, FÁS has facilitated almost 850 training places to date. Under a new scheme designed by FÁS in collaboration with my Department, the Department of Enterprise, Trade & Innovation and the Department of Defence, 16 redundant SRT apprentices have since September 2010, commenced Phase 5 and 7 on-the-job work placements with the Air Corps.

In terms of educational supports, over 140 former SR Technics workers have availed of higher education supports to date, including almost 80 participating in full time courses The VEC sector is also providing training programmes to former SR Technics workers. The CEBs have provided business advice, mentoring and financial support to almost 100 former SR Technics workers interested in starting their own business. The full range of EGF co-financed services will continue to be provided to eligible participants until the EGF implementation period expires on 9 October 2011.

FÁS Training Programmes

Finian McGrath

Question:

60 Deputy Finian McGrath asked the Minister for Education and Skills the courses or advice for unemployed persons in an area (details supplied) in Dublin 5 and 9; and the option for persons wanting to work or undertake a course. [7051/11]

Unemployed persons from Dublin 5 & 9 areas are not limited to opportunities in the local area, and can avail of the full range of training and education courses available to the unemployed. It is expected that FÁS will deliver at least 90,000 training places for the unemployed in 2011. FÁS offers a wide range of training courses and delivery methods to suit individual client needs in the development of their skill-sets. An individual is eligible to take part on a FÁS course if they are unemployed, redundant or out of full-time education.

The Labour Market Activation Fund was launched in March 2010, in order to assist in the creation of training and education provision for specific priority groups among the unemployed, namely the low skilled, and those formerly employed in declining sectors — construction, retail and manufacturing sectors — with particular emphasis on the under 35's and the long-term unemployed. Contracts were awarded to fifty five organisations across the private, not-for-profit and public sectors, providing approximately 12,000 training places for the unemployed. Programmes are due to come to completion by end June 2011 and many of the places on these courses have already been filled at this stage. The list of programme providers and the courses they are providing is available at the following web page www.qualifax.ie.

In addition to the above provision, in 2011 it is expected that 168,000 full time and part time Further Education places and 156,000 full time Higher Education places will be provided. In the Further Education Sector there is also a range of full time Adult and Further Education courses open to the unemployed. Full-time options include Post Leaving Certificate (PLC) and Vocational Training Opportunities Scheme (VTOS) courses. The Back to Education Initiative (BTEI) is the part time alternative.

In relation to the Higher Education Sector, in December 2010 the Government announced the creation of a new €20 million Higher Education Activation Fund. The aim of this Fund is to enable unemployed people access part-time higher education opportunities from certificate to post graduate levels (Levels 6 to 9 on NFQ). The Part-time education initiative also facilitates unemployed people to continue to look for work and be available to take up employment while upgrading their qualifications and skills. A first call for proposals for €5m issued in January 2011. It is expected that a formal launch of the programmes offered under this Fund will be announced in the coming months.

Specifically in the Dublin Region FÁS provides a broad range of services for unemployed clients including:

On-site Information, Registration, Referral, Guidance and Placement Services in 16 Employment Services Offices — locations: Balbriggan, Baldoyle, Coolock, Swords, Finglas (2 offices), Blanchardstown, D'Olier St., Parnell St., Baggot St., Ballyfermot, Crumlin, Clondalkin, Tallaght, Rathfarnham, Dun Laoghaire.

FÁS JobsIreland provides access to job vacancies, online CV profiling for employers from all over Europe, and effective CV-to-job matching.

Referral to full range of FÁS-funded training and employment options: Community Services Programmes — Community Training Centre's, Local Training Initiatives, Specialist Training Providers, Jobs Clubs

Direct recruitment for all in-centre FÁS Training Services courses (short courses, specific skills courses, on-line, blended, traineeships, evening courses) which lead to component certification and/or industry-recognised certification. There are five FÁS Training Centres in Dublin, as follows: Baldoyle, Finglas, Tallaght, Loughlinstown, Ballyfermot.

Direct recruitment for FÁS Training Services externally-Contracted Training Courses: these courses are made available in local areas as required, particularly where no permanent FÁS training provision exists e.g. Blanchardstown, Balbriggan, Swords, City Centre, Ballinteer, Dún Laoghaire. The full range of in-centre and contracted training courses is advertised on www.fas.ie, this includes courses such as: Electrical Control Systems, Computerised Payroll, Financial Adviser’s Assistant, CompTIA A+, Accounting Technician, Healthcare Assistant, Web Design, Project Management, Pharmacy Sales.

The Work Placement Programme, which offers unemployed people, including unemployed graduates, the opportunity to obtain 9 months experience in a work situation.

Schools Refurbishment

Dara Murphy

Question:

61 Deputy Dara Murphy asked the Minister for Education and Skills if a school (details supplied) in County Cork will be approved for window replacement and fire emergency exits under an application for capital grant aid under the summer works scheme 2011; and if he will make a statement on the matter. [6931/11]

I can confirm that the school referred to by the Deputy submitted an application for the works as outlined under the 2011 Summer Works Scheme. Unfortunately, due to the scale of demand for funding under the scheme, it was not possible to grant aid all applications. As outlined in the Circular governing the operation of the scheme, applications for works in the higher categories of eligible works were prioritised and it was not possible to include the school referred to by the Deputy in the list of 453 successful schools that was announced on 30 March 2011. A letter to this effect will be issuing to the school shortly.

Special Educational Needs

Mary Mitchell O'Connor

Question:

62 Deputy Mary Mitchell O’Connor asked the Minister for Education and Skills the way children presenting with low incident special needs will receive adequate and set down resources if the appointment of resource teachers is frozen; and if he will make a statement on the matter. [6933/11]

The Department of Education and Skills (DES) is required to ensure that the overall allocation of teaching posts does not exceed the targets set out in the Governments Employment Control Framework. The DES had planned for a certain amount of increased growth in teacher numbers across the school sector in 2011, in line with increased demographic growth. In respect of resource teaching hours for children with special educational needs, allowance was made for growth in 2011 over and above normal demographic increase levels. In 2010 the total number of Whole time Equivalent (WTE) posts provided for resource hours teaching (including under the General Allocation Model) was approximately 9,600 WTE posts. By comparison approximately 9,950 WTE posts are provided for 2011. There has therefore not been a reduction in the overall number of resource hours/posts being provided for in 2011.

The DES has requested the National Council for Special Education (NCSE) to provide data on the numbers and rate of application for additional resource teaching hours to date this year so that this information can be considered in the context of the Departments Employment Control Framework obligations. The NCSE has also been asked to pause sanctioning additional resource teaching support hours to allow for collection and consideration of this data by the DES, in conjunction with the NCSE. It should be noted that this is a temporary suspension of the allocation process in order to allow for consideration and analysis of this issue prior to any decisions being made. In the interim, children who are eligible for resource/ learning support teaching will receive this tuition through the existing learning support provision in schools, either though the General Allocation Model or existing Learning Support provision.

School Enrolments

Timmy Dooley

Question:

63 Deputy Timmy Dooley asked the Minister for Education and Skills the number of primary schools in County Clare that have fewer than 50 pupils. [6945/11]

The most recent data available refers to the last complete school year 2009/2010, in which there were 43 primary schools in County Clare with less than 50 pupils. A full list of primary schools with their enrolments can be found on my Department's website www.education.ie.

School Curriculum

Simon Harris

Question:

64 Deputy Simon Harris asked the Minister for Education and Skills the work he is doing to ensure that mental health promotion is a core part of the curriculum and that all students learn about the subject; and if he will make a statement on the matter. [6957/11]

The Social Personal and Health Education (SPHE) programme is a mandatory part of the curriculum in primary schools and in junior cycle since 2003 and is designed to promote positive mental health. It is supported by comprehensive teacher guidelines and curriculum support services which provide training and advice for schools and a resource directory.

Its aim is to foster personal development, health and well being of children, to help them create and maintain supportive relationships, and develop the skills and attitudes for responsible citizenship. From the beginning of primary schooling children learn, in an age-appropriate way, how to identify, explore and express feelings and emotions, how to communicate with others, to resolve conflict and to respect difference, the importance of caring for one's body, treating oneself and others with dignity and respect, and how to identify people, places and situations that may threaten personal safety.

The primary curriculum is built around 3 strands — Myself, Myself and Others, and Myself and the Wider world, and deals with issues such as making decisions, developing self confidence, growing and changing, personal safety, relating to friends, family and others, handling conflict, respecting difference and awareness of bullying. Issues such as knowing about and taking care of one's body, feelings and emotions, the onset of puberty, reproduction, decision making skills, staying safe, realising when and how to get help are dealt with. The content of relationships and sexuality education is embedded in the programme in an age appropriate way for the different class groupings.

The SPHE modules at junior cycle deal specifically with belonging and integrating, handling conflict constructively, bullying, dealing with peer pressure, coping with stress, emotional health and well being, influences on decision-making, and relationships and sexuality education. In third year, an awareness of the range of agencies that can help students in difficulty is promoted, as well as the skills of knowing when and how to seek help. SPHE is designed for implementation in the context of a caring whole-school approach which is supported by the pastoral care structures in schools. All post-primary schools also provide a guidance and counselling service for their students and they receive ex-quota hours from the Department for this provision. The service includes the provision of individual guidance and counselling for students either at critical stages in their education or at times of personal crisis.

Schools also use Mental Health Matters, a resource pack on mental health for 14 to 18 year olds developed by Mental Health Ireland on an optional basis as a module in the Transition Year Programme, an element of the Leaving Certificate Applied Programme, a component of the SPHE programme or an element of other subjects such as Religion or Home Economics. The National Educational Psychological Service (NEPS) operating within my Department provides a range of services both direct and indirect which support the personal, social and educational development of all children in primary and post-primary schools.

Departmental Expenditure

Simon Harris

Question:

65 Deputy Simon Harris asked the Minister for Education and Skills the level of funding which has been provided to the National Council for Special Education, NCSE, in each of the years 2007, 2008, 2009, 2010 and 2011; if he will provide details on the interaction and structures in place between him and the NCSE in terms of the delivery of special needs education in Ireland; if the NCSE has been instructed not to allocate new resources to children with special needs as this is a concern of many parents; and if he will make a statement on the matter. [6958/11]

I wish to advise the Deputy that my Department has provided funding to the National Council for Special Education (NCSE) as follows: €8,515,000 in 2007, €8,219,671.50 in 2008, €9,250,000 in 2009, €9,652,000 in 2010 and €2,254,000 to date in 2011.

The National Council for Special Education (NCSE) was established under the Education for Persons with Special Educational Needs Act, 2004 (EPSEN Act) in 2005. The NCSE, through its regional Special Educational Needs Organisers, has responsibility for processing resource applications for children with disabilities who have special educational needs, at primary and post primary level in accordance with policy parameters established by the Department of Education and Skills (DES). The NCSE also responsibility for planning and co-ordinating the provision of education and support services for students with special educational needs, in accordance with DES policy.

The NSCE is continuing to allocate resources for children who have special educational needs. The NCSE recently issued a circular to all schools advising of the SNA allocation process for the 2011/2012 school year. A key feature of the amended scheme will be to provide for an annual allocation of SNA support to eligible schools. The NCSE are considering applications for additional SNA support in the context of this process for the 2011/12 school year. Schools are currently engaging with the NCSE in this regard ahead of the next school year and the NCSE will review the SNA staffing requirements for schools, taking into account all of the students who will be attending school from September next and any new students that the school are intending to enrol.

The NCSE is also continuing to process applications for Assistive Technology support and school transport for children with special educational needs. With regard to the allocation of resource teaching hours, the DES has requested the NCSE to provide data on the numbers and rate of application for additional resource teaching hours to date this year so that this information can be considered in the context of the Departments Employment Control Framework obligations.

The NCSE has also been asked to pause sanctioning additional resource teaching support hours to allow for collection and consideration of this data by the DES, in conjunction with the NCSE. It should be noted that this is a temporary suspension of the allocation process in order to allow for consideration and analysis of this issue prior to any decisions being made. In the interim, children who are eligible for resource/learning support teaching will receive this tuition through the existing learning support provision in schools, either through the General Allocation Model or existing Learning Support provisions.

Schools Building Projects

Simon Harris

Question:

66 Deputy Simon Harris asked the Minister for Education and Skills when a school (details supplied) will be sanctioned for a permanent building; and if he will make a statement on the matter. [6960/11]

The school to which the Deputy refers has applied to my Department for large scale capital funding for a new school. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned a band 2 rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, is available on the Department's website at www.education.ie.

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

Vocational Education Committees

Simon Harris

Question:

67 Deputy Simon Harris asked the Minister for Education and Skills his position regarding the aggregation of vocational education committees; and if he will make a statement on the matter. [6961/11]

I have invited the Irish Vocational Education Association (IVEA), given their concerns about the current proposals for VEC aggregation, to submit alternative proposals for my consideration. The IVEA has indicated that it will respond later this month and I will be considering their proposals in the coming period. While I am open to proposals on alternative configurations, I am anxious to ensure that swift progress continues to be made in the work of bringing about a reduction in the number of VECs.

School Staffing

Simon Harris

Question:

68 Deputy Simon Harris asked the Minister for Education and Skills if he will reconsider the proposed changes to the staffing schedule of a school (details supplied) in view of a range of factors which have been communicated to him by the school; and if he will make a statement on the matter. [6962/11]

The standardisation of the staffing schedule for Gaelscoileanna so that it is the same as that which applies to primary schools generally was one of a number of measures introduced in Budget 2011 by the previous Fianna Fáil /Green Party government to control and reduce teacher numbers. These changes are effective from September 2011. Given the financial constraints in which this country now finds itself, it is not possible to reverse these changes.

This change will result in a reduction of the order of 50 posts in Gaelscoileanna. There are currently a total of over 1,500 teaching posts in these schools. The Gaelscoileanna movement is well established and I do not believe that the growth of Gaelscoileanna will be impeded by way of this measure.

The actual impact at individual school level is determined as part of the allocation process for 2011/12 school year and schools are being notified in the normal manner. My Department's Circular 19/2011 includes the criteria under which a school may appeal its staffing allocation and the process for same.

This Government will endeavour to protect front line education services as best as possible. However, this must be done within the context of bringing our overall public expenditure back into line with what we can afford as a country. All areas of Government, including Gaelscoileanna, will have to manage on a reduced level of resources. The challenge will be to ensure that the resources that are being provided are used to maximum effect and in a fair manner.

School Transport

Noel Harrington

Question:

69 Deputy Noel Harrington asked the Minister for Education and Skills if he will review the reasons private bus contractors contracted for the school transport service are restricted to providing buses that are less than 20 years old where these buses are certified for road use; and if he will make a statement on the matter. [6969/11]

All school bus services provided under the School Transport Scheme are operated on behalf of my Department by Bus Éireann. Accordingly, it is appropriate for Bus Éireann to set the operating standards to be met by private bus operators whom they employ as Contractors to provide these services.

In previous decades it was not unusual to see buses over twenty years old providing school transport services but in more recent times higher public expectation and more advanced safety technology in more modern vehicles resulted in a requirement for younger vehicles to improve the age profile, safety standards, and quality of school bus services in general. To this end, Bus Éireann prioritises the withdrawal and replacement of school buses over a twenty-year age threshold. Bus Éireann has advised my Department that the average age of the school bus fleet is currently at record low levels, or approximately thirteen years old.

Special Educational Needs

Dan Neville

Question:

70 Deputy Dan Neville asked the Minister for Education and Skills if the position of special resource teacher will be kept on for a school (details supplied) in County Limerick. [6977/11]

I wish to advise the Deputy that 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 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.

All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

Schools Refurbishment

Michael McGrath

Question:

71 Deputy Michael McGrath asked the Minister for Education and Skills if it is intended that window and door replacement projects will be included in the summer works scheme 2011. [6991/11]

Unfortunately, due to the scale of demand for funding under the Summer Works Scheme 2011, it was not possible to grant aid all applications received under the scheme. As outlined in the Circular governing the operation of the Scheme, applications for works in the higher categories of eligible works were prioritised and it was not possible to include those relating to window and door replacement projects in the list of 453 successful schools that was announced on 30 March 2011.

Schools Building Projects

Billy Timmins

Question:

72 Deputy Billy Timmins asked the Minister for Education and Skills the position regarding a school (details supplied); and if he will make a statement on the matter. [7005/11]

The school to which the Deputy refers has applied to my Department for large scale capital funding for a new school building. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned a band 2 rating.

Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, is 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 my Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Special Educational Needs

Paschal Donohoe

Question:

73 Deputy Paschal Donohoe asked the Minister for Education and Skills the position regarding the provision of a special needs assistant at a school (details supplied) in Dublin 9. [7014/11]

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 NCSE has issued a circular to all schools advising of the allocation process for the 2011/2012 school year. A key feature of the amended scheme will be to provide for an annual allocation of SNA support to eligible schools. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

Schools Building Projects

Mary Lou McDonald

Question:

74 Deputy Mary Lou McDonald asked the Minister for Education and Skills the position regarding the process of providing a school building for a school (details supplied). [7015/11]

As the Deputy may be aware my Department has met on several occasions with both the GAA club and Dublin City Council, in their respective capacities as the land-holders and as the planning authority, to negotiate with both parties an acceptable solution for the provision of a new school building on the site currently occupied by the school. The net result of these discussions was that after having gone through a number of potential design solutions, an optimal design solution was agreed in principle which would have regard to a number of factors such as the restricted nature of the site, the existing facilities on the overall site, the concerns of the planning authority in relation, inter alia, to traffic management issues and the concerns of the GAA Club in relation to their existing playing pitches.

To this end, my Department is now in the process of working up a detailed planning application based on the initial design solution discussed with the aforementioned parties. The Deputy may also wish to note that within the last few days Dublin City Council has advised my Department that the proposed disposal has been approved at a meeting of the Central Area Committee and the way is now open for the Elected Members to consider the disposal of that portion of the site being made available in accordance with Section 183 of the Local Government Act 2001. Once this acquisition is concluded, the proposed building project will be progressed in the context of my Department's School Building & Modernisation Programme.

Site Acquisitions

Emmet Stagg

Question:

75 Deputy Emmet Stagg asked the Minister for Education and Skills the amount of money paid by County Kildare Vocational Education Committee for the purchase of 40 acres of land at a location (details supplied) in County Kildare, for the development of a multi-school campus. [7020/11]

I wish to advise the Deputy that due to commercial sensitivities pertaining to site acquisitions generally it is not my Department's policy to provide details of the purchase cost of sites recently acquired as it could jeopardize ongoing site acquisitions.

Schools Building Projects

Niall Collins

Question:

76 Deputy Niall Collins asked the Minister for Education and Skills if he will provide funding for a building project (details supplied) in County Limerick; and if he will make a statement on the matter. [7030/11]

My Department has no record of having received an application for the building project referred to by the Deputy. If the school in question requires funding for a PE Hall, they should make an application in writing to my Department and it will be assessed in accordance with the published prioritisation criteria for large scale building projects and assigned a band rating of 4.

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

The primary responsibility and current priority of my Department is the provision of school facilities for the effective delivery of the curriculum. The progression of all large scale building projects, from initial design stage through to construction phase will be considered in the context of my Department's multi-annual School Building and Modernisation Programme.

Special Educational Needs

Dominic Hannigan

Question:

77 Deputy Dominic Hannigan asked the Minister for Education and Skills when a school (details supplied) will receive an answer to a request for resource teaching hours; and if he will make a statement on the matter. [7033/11]

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.

I have arranged for the details supplied to be forwarded to the NCSE for their attention and direct reply. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

Schools Building Projects

Dominic Hannigan

Question:

78 Deputy Dominic Hannigan asked the Minister for Education and Skills if his attention has been drawn to the rejection of an application under the summer works scheme in respect of a school (details supplied); the reason the application was rejected; if his further attention has been drawn to the health and safety issues which underpinned the application for the work; the other avenues open to this school to apply for funding to remedy the health and safety issue as outlined in the application; and if he will make a statement on the matter. [7034/11]

I can confirm that the school referred to by the Deputy submitted an application for funding under the 2011 Summer Works Scheme.

Unfortunately, due to the scale of demand for funding under the scheme, it was not possible to grant aid all applications. As outlined in the Circular governing the operation of the scheme, applications for works in the higher categories of eligible works were prioritised and it was not possible to include the school referred to by the Deputy in the list of 453 successful schools that was announced on 30 March 2011. A letter to this effect will be issuing to the school shortly.

In the meantime, for works that are of a very urgent nature, it is open to the school authorities to consider if the works in question qualify for funding under my Department's Emergency Works Scheme. An emergency is deemed to be a situation which poses an immediate risk to health, life, property or the environment which is sudden, unforeseen and requires immediate action and, in the case of a school, if not corrected would prevent the school or part thereof from opening. Details of the Scheme, together with an application form for grant assistance, can be accessed on my Department's website at www.education.ie.

Special Educational Needs

Thomas P. Broughan

Question:

79 Deputy Thomas P. Broughan asked the Minister for Education and Skills if he has liaised with the Department of Health and Children in response to a proposal from a school (details supplied) in Dublin 13 for a proposed applied behavioural academy for children on the autistic spectrum in Dublin North-East; and if he will make a statement on the matter. [7036/11]

I wish to advise the Deputy that a proposal for an academy for children with autism has been received by officials in my Department who will revert to the organisation in question shortly. However it is important to emphasise that the proposal will be considered in the context of my Department's policy in this regard.

My Department's policy is focused on ensuring that all children including those with autism can have access to an education appropriate to their needs, preferably in school settings through the primary and post primary school network. This facilitates access to individualised education programmes, fully qualified professional teachers who may draw from a range of autism-specific interventions, including ABA, special needs assistants, and the appropriate school curriculum with the option where possible of full/partial integration and interaction with other pupils. As each child with autism is unique it is important that children have access to a range of interventions so their broader needs can be met.

My Department's policy is to provide for children with special educational needs, including autism, to be included in mainstream schools unless such a placement would not be in their best interests or the interests of the children with whom they are to be educated. Some children may be supported in a special class attached to a mainstream school. These students have the option, where appropriate, of full/partial integration and interaction with other pupils. Other children may have such complex needs that they are best placed in a special school. Students with special educational needs have access to a range of support services including additional teaching and/or care supports. In special schools and special classes, students are supported through lower pupil teacher ratios. Special needs assistants may also be recruited specifically where pupils with disabilities and significant care needs are enrolled.

Reflective of the important role of continuing professional development, my Department has put in place a training programme for teachers in autism-specific interventions including Treatment and Education of Autistic Communication Handicapped Children (TEACCH), Picture Exchange Communications System (PECS) and Applied Behaviour Analysis (ABA) through the Special Education Support Service.

The Deputy will be familiar with the ABA pilot scheme which was funded by my Department for the past decade. All of the centres which participated in this scheme have been granted recognition as special schools for children with autism. These schools will operate in line with my Department's policy. I am pleased to update the Deputy that following their recognition the new schools are currently progressing well in the transitional phase. Eight schools have opened and the remaining five are scheduled to open shortly. It is my intention to continue to support this transitional process.

The pilot scheme was established in the absence of a network of school-based special classes for children with autism which is now available. The Deputy will be aware that the establishment of this network of autism-specific special classes in schools across the country to cater for children with autism has been a key educational priority in recent years. In excess of 430 classes have now been approved around the country at primary and post primary level, including many in special schools.

The need to liaise with the Department of Health and Children in the context of the proposal for an academy for children with autism will be considered as part of the examination of the proposal.

School Staffing

Joanna Tuffy

Question:

80 Deputy Joanna Tuffy asked the Minister for Education and Skills the position regarding the requirement for schools to recruit from teaching panels and if special arrangements will be made for gaelscoileanna to ensure teachers have the required standards of teaching the curriculum through Irish; and if he will make a statement on the matter. [7040/11]

There are no additional qualification requirements required to teach in a Gaelscoil. The introduction of any such requirements would impact on the capacity to redeploy surplus permanent teachers to any primary school.

My Department will be seeking in the coming period to recommence discussions with the relevant education partners, on changes necessary to achieve our objective of absorbing all surplus teachers into vacancies that exist in other schools. The purpose of this measure is to ensure that all teachers with either permanent posts or contracts of indefinite duration are deployed in the most efficient and equitable manner within our education system.

Flexible redeployment arrangements are required in order to ensure all surplus permanent teachers are redeployed into vacancies. The country simply cannot afford to have surplus teachers in a school while permitting recruitment to take place in another school. The Deputy will agree that the Government is committed to ensuring the delivery of front-line services is protected as much as possible in our education system.

I am aware of the concerns that have been expressed by the Gaelscoil movement at this proposed redeployment. Over half of the Gaelscoileanna are under Catholic patronage and the redeployment of surplus teachers from these schools is through the relevant diocesan panels. Under the existing redeployment arrangements a Board of management has the right to interview, once there is more than one teacher on a panel.

My Department had discussions recently with An Foras Pátrúnachta in relation to its request for a separate panel for Gaelscoileanna under its patronage. These discussions are on-going and a key issue for my Department is how best to facilitate this request in a manner that avoids the inherent inefficiencies of a separate panel for a relatively small number of schools. Given our budgetary situation we need to have sufficient flexibility in the redeployment arrangements to ensure that surplus teachers in all schools regardless of patronage type can be readily redeployed to vacancies wherever they exist.

The existing arrangements for the redeployment of surplus teachers operate between schools of the same patronage and are not certain to bring about the redeployment of all surplus teachers. To address the current limitations, my Department will be seeking in the coming period to recommence discussions with the relevant education partners, including An Foras Pátrúnachta, on changes necessary to achieve our objective of absorbing all surplus teachers into vacancies that exist in other schools. These discussions can also deal with the request for a separate redeployment panel for gaelscoileanna under the patronage of An Foras Pátrúnachta.

Schools Building Projects

Aodhán Ó Ríordáin

Question:

81 Deputy Aodhán Ó Ríordáin asked the Minister for Education and Skills if priority will be given to an area (details supplied) for a new school building in view of the failure of the Dublin Docklands Development Authority to fund the initiative; and if he will make a statement on the matter. [7053/11]

My Department has written to the DDDA seeking confirmation of the current and ongoing status of the DDDA funding for this project. A response is awaited from the DDDA.

The progression of all large-scale building projects, including the project for this school will be considered in the context of my Department's Multi-Annual Schools 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 further progression of the project at this time.

School Patronage

Billy Timmins

Question:

82 Deputy Billy Timmins asked the Minister for Education and Skills the position regarding a second level school (details supplied) in County Wicklow; and if he will make a statement on the matter. [7056/11]

As the Deputy is aware the area referred to has seen a significant increase in the school-going cohort over recent years. According to my Department's, most recent statistics, additional post primary provision will be needed in this area. The issue of how these extra post primary pupil places will be provided is currently under consideration in my Department.

The Programme for Government gives a commitment to move towards a more pluralist system of patronage at second level, recognising a wider number of patrons. It is my intention to address this policy.

Departmental Surveys

Seamus Kirk

Question:

83 Deputy Séamus Kirk asked the Minister for Enterprise, Trade and Innovation if he is considering a comprehensive analysis of the cost of overheads for the small to medium enterprises in Ireland; and if he will make a statement on the matter. [6951/11]

The small and medium sized enterprise sector, like most other sectors of the economy, has been affected by the global economic crisis and by the loss of competitiveness of the Irish economy in recent years.

The National Competitiveness Council (NCC) monitors and analysis costs and other competitiveness issues in the Irish economy through its suite of reports, including its annual "Benchmarking Ireland's Performance" report and regular reports on the "Costs of Doing Business in Ireland". These reports look at the whole of the enterprise sector, including costs which affect SMEs.

The most recent reports, published in July 2010, show that Ireland has regained some of its cost competitiveness in the last two years — for example through reductions in electricity and gas prices for business, and the reduction or freezing of Local Authority rates. However, this Government is committed to doing more to reduce the cost base for business.

In this context, I will be working with my Government colleagues to identify actions that can be taken across Government Departments to further cut costs to business and remove obstacles to employment creation.

For example, the Programme for Government sets out the Government's plans to introduce a Jobs Fund which will facilitate jobs growth and sustainable enterprise. The measures outlined in the Programme for Government include halving the lower rate of employer's PRSI up to end 2013 on jobs paying up to €356 per week, and cutting the 13.5% rate of VAT to 12% up to end 2013 to help labour-intensive economic activity.

The Government will introduce a Jobs Budget within its first 100 days in office to give effect to these, and other measures that will support small and medium sized enterprises.

Trade Missions

Paudie Coffey

Question:

84 Deputy Paudie Coffey asked the Minister for Enterprise, Trade and Innovation the proposals he has to engage in trade missions in 2011 with countries to develop business and employment opportunities for Ireland; and if he will make a statement on the matter. [6989/11]

The purpose of trade missions is to bring Irish businesses into direct contact with business opportunities abroad. Such missions have proven to be valuable supports to Irish businesses, in terms of establishing their credibility with and gaining access to the business community in the target market at the appropriate level. This is particularly the case in countries where government-to-government contacts are a prerequisite for doing business. These trade missions are an integral part of the work of relevant Government Departments and Agencies to develop and expand Ireland's exports to existing and new markets abroad. They raise Ireland's profile as a world–class supplier of goods and tradeable services and contribute to the generation of incremental sales to foreign markets over the long-term and they are the culmination of the success of our enterprise development policies on the ground.

Over the coming years, the potential of trade missions will be maximised by integrating trade, tourism and investment promotion activities, in line with the Government's strong commitment to export led growth and the development of new markets . It is intended to target sectors and countries where there is significant potential. I am leading a joint Enterprise Ireland and IDA trade mission to India and Saudi Arabia next week and am officiating at an Enterprise Ireland ICT event in London on the 14th April.

While full plans for the rest of 2011 have not yet been finalised, it is hoped to organise Ministerial-led trade missions to, inter alia, the UK, China, USA, South Africa and Qatar later this year.

Commercial Transactions

Peter Mathews

Question:

85 Deputy Peter Mathews asked the Minister for Enterprise, Trade and Innovation if his attention has been drawn to the difficulties caused to small businesses by customers entitlement not to pay invoices for 90 days; his plans to help with this problem; and if he will make a statement on the matter. [7001/11]

Payment terms in commercial transactions are determined by the parties concerned and the responsibility for the collection of those payments and general credit control rests with the selling enterprise, in the first instance.

The issue of late payments in commercial transactions is addressed by the European Communities (Late Payment in Commercial Transactions) Regulations 2002 (S.I. No. 388 of 2002).

In accordance with these Regulations, it is an implied term of every commercial transaction that where a purchaser does not pay for goods or services by the relevant payment date, the supplier shall be entitled to interest ("late payment interest") on the amount outstanding. Interest shall apply until such time as payment is made by the purchaser.

In the absence of any agreed payment date between the parties, late payment interest falls due after 30 days has elapsed. The 2002 Regulations also provide for compensation for debt recovery costs. Greater use of these provisions would assist in achieving earlier payments.

The current interest rate applicable is 8% per annum or 0.022% per day. This rate is set as at 1st January and 1st July each year at a rate of 7 percentage points above the European Central Bank interest rate on its most recent main re-financing operation.

The enforcement of contractual rights, including any rights and obligations provided for by the Regulations, is a matter for individual suppliers. The Regulations do not provide for any enforcement role for my Department in respect of these matters.

Since 2009, Central Government Departments have been improving their respective payment times, so as to assist the cash flow of businesses and are now obliged to pay their suppliers within 15 days of receipt of a valid invoice.

This voluntary 15 day prompt payment period is being rolled out to the Health Service Executive, the Local Authorities, State Agencies, and all other Public Sector Bodies, (excluding Commercial Semi-State bodies), in respect of valid invoices received on or after 1 July 2011. This requirement is being introduced on foot of commitments made under the EU/IMF Programme of Support for Ireland. This initiative should have a considerable impact on cash flows of SME customers.

Market Rights

Mary Lou McDonald

Question:

86 Deputy Mary Lou McDonald asked the Minister for Enterprise, Trade and Innovation if he will state the legal impediments that are preventing the closure or relocation of the Smithfield horse fair, Dublin. [7017/11]

The selling of goods in public places is governed by the Casual Trading Act, 1995. Under this Act all operational matters in connection with casual trading are the responsibility of the relevant local authority in which the trading takes place. I understand that the Smithfield market operates pursuant to a "market right" which is defined in the Act as "a right conferred by franchise or statute to hold a fair or market, that is to say, a concourse of buyers and sellers to dispose of commodities". I have been requested by the Lord Mayor of Dublin to introduce legislation to extinguish the market right in Smithfield in Dublin.

The law on this matter is complex and my officials have made a detailed submission to the Office of the Attorney General seeking legal advice. When I have received this advice I will decide the best way to proceed.

Social Welfare Benefits

Bernard J. Durkan

Question:

87 Deputy Bernard J. Durkan asked the Minister for Social Protection if a full review of the disallowance of domiciliary care allowance will be undertaken in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [7057/11]

An application for domiciliary care allowance was received on the 20th October 2009. This application was referred to one of the Department's medical assessors who found that the child was not medically eligible for the allowance. The customer was advised of the decision on the 25th November 2009. She subsequently appealed the decision. In advance of the appeal being heard the case was reviewed by a second medical assessor who confirmed the earlier assessment. The appeal was then considered by the Social Welfare Appeals Office.

The person concerned was informed on the 7th December 2010 that the appeal had not been allowed.

Bernard J. Durkan

Question:

88 Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) in County Laois is entitled to any social welfare payment or rent supplement; and if she will make a statement on the matter. [7058/11]

In order to qualify for basic supplementary welfare allowance or rent supplement an applicant must satisfy all of the qualifying conditions for the scheme including being considered habitually resident in the State. The HSE has advised that the person concerned is unlikely to qualify for basic supplementary welfare allowance or rent supplement due to her immigration status.

Broadcasting Services

Paudie Coffey

Question:

89 Deputy Paudie Coffey asked the Minister for Communications, Energy and Natural Resources his plans for the rollout of digital audio broadcast radio for the south east region; and if he will make a statement on the matter. [6948/11]

As Minister for Communications, Energy and Natural Resources, I have no role in relation to the roll-out of digital audio broadcast services.

Under the provisions of the Broadcasting Act 2009, the roll-out of public digital radio services is a matter for RTÉ, and the roll-out of commercial digital radio services is a matter for the Broadcasting Authority of Ireland (BAI) in conjunction with relevant commercial radio broadcasters.

Departmental Payment

Pat Breen

Question:

90 Deputy Pat Breen asked the Minister for the Environment, Heritage and Local Government when payment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [7044/11]

It is the policy of all Government Departments to make payments via Electronic Funds Transfer (EFT). In this regard, my Department has contacted the person concerned on three separate occasions requesting banking details, which would enable it to make the payment. To date, the details have not been forthcoming. As soon as the details are furnished, the payment will be immediately effected.

Water Services

Willie O'Dea

Question:

91 Deputy Willie O’Dea asked the Minister for the Environment, Heritage and Local Government the costs associated with the setting up of a new water company. [6938/11]

The programme for Government proposes the establishment of a new State-owned water utility company to take over responsibility for managing and supervising investment in water services infrastructure and to manage the domestic water metering programme.

The Memorandum of Understanding between Ireland and the European Union and International Monetary Fund commits Ireland to undertaking an independent assessment of the establishment of a water utility and it is my intention that this assessment will proceed as a matter of priority. It is envisaged that this assessment will be completed by October this year. I will be preparing proposals for Government consideration toward the end of this year and further details in relation to the establishment of a water utility and associated costs will be made available following Government consideration of the matter.

Local Authority Charges

Thomas Pringle

Question:

92 Deputy Thomas Pringle asked the Minister for the Environment, Heritage and Local Government if he will implement a waiver from fire service charges for persons on low incomes and in circumstances where they have not called out the fire service to road collisions. [7046/11]

The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade is a statutory function of individual fire authorities under section 10 of the Fire Services Act 1981 and 2003. Under section 35(3) of the Act, it is matter for each local authority to determine whether to charge users or beneficiaries of a fire service for services which the fire authority provides.

My Department supports the local fire authorities through setting of general policy, training support and issue of guidance on operational and other related matters, and the provision of capital funding.

Water Charges

Brian Stanley

Question:

93 Deputy Brian Stanley asked the Minister for the Environment, Heritage and Local Government the position regarding his plans to introduce water charges and the consideration he has given to the implication of this charge to low income households and the timeframe in which he plans to do this. [7072/11]

The programme for Government proposes the installation of water meters in individual households and the introduction of water charges based on usage above a free allowance. My Department is currently preparing a strategy to implement these proposals, including a strategy for the procurement and installation of water meters. It is envisaged that the installation of meters will commence in 2012 and will be managed by a new State-owned water company.

While the combination of a free individual allowance along with existing income supports should minimise the impact on low income households, I will be consulting further with the Minister for Social Protection on the matter.

Proposed Legislation

Paschal Donohoe

Question:

94 Deputy Paschal Donohoe asked the Minister for the Environment, Heritage and Local Government his plans to bring forward proposed legislation to deal with the consequences of noise pollution in a domestic or residential situation; and if he will make a statement on the matter. [6940/11]

I refer to the reply to Question No. 273 of 5 April 2011 which sets out the position in this matter.

Air Pollution

Paschal Donohoe

Question:

95 Deputy Paschal Donohoe asked the Minister for the Environment, Heritage and Local Government his plans to tackle the polluting particles from diesel engine cars which contain nitrogen oxide and nitrogen dioxide; and if he will make a statement on the matter. [6941/11]

The monitoring, assessment and management of ambient air quality in Ireland is carried out according to the requirements of the EU Air Quality Framework Directive. This Directive was transposed into Irish law through the Environmental Protection Agency Act 1992 (Ambient Air Quality Assessment and Management) Regulations 1999. Under further regulations made in 2002 specific ambient air quality standards have been prescribed for a number of pollutants including nitrogen dioxide and oxides of nitrogen. Both these sets of regulations will shortly be replaced by new regulations transposing the Clean Air for Europe Directive which has consolidated previous European legislation on ambient air quality.

The Environmental Protection Agency (EPA) has responsibility for the monitoring of Irish air quality. The EPA continually monitors a range of atmospheric pollutants, including particulate matter containing nitrogen dioxide and oxides of nitrogen, via a network of air quality monitoring stations located around the country. The EPA reports the results of the air quality monitoring on its website at: http://www.epa.ie/whatwedo/monitoring/air/data/. My Department keeps these data under ongoing review to identify any significant trends which might emerge and also meets periodically with the EPA on air quality issues.

The EPA also publishes a comprehensive annual report on air quality, the most recent being the report Air Quality in Ireland 2009 — Key Indicators of Ambient Air Quality (November 2010). This report provides an overview of ambient air quality trends in Ireland in 2009 based on data from 28 monitoring stations. The Report confirmed that air quality was generally good at monitoring stations throughout the country. Nitrogen dioxide levels have remained relatively static since 2002. However, an increasing trend of elevated nitrogen dioxide levels has been recorded at traffic influenced sites in Dublin and Cork city centres.

A new European limit value for nitrogen dioxide came into force with effect from 1 January 2010. Prior to this date Member States were required to monitor and take action where necessary to ensure that nitrogen dioxide levels remain below the limit value in future years. EPA monitoring results for 2009 found that concentrations of nitrogen dioxide were below the new limit value at all sites with the exception of one Dublin city centre site at Winetavern Street. The EPA has advised that the elevated nitrogen dioxide levels measured at this site compared to previous years are most likely due to meteorological factors rather than any significant increase in road traffic emissions. Provisional data from monitoring carried out in 2010 suggests that the new limit value was not exceeded.

The four Dublin local authorities are now preparing a follow up action plan with the aim of reducing nitrogen dioxide levels. This is due to be finalised and sent to the EPA by 15 December 2011. The EPA will consider this plan and advise my Department of any necessary action.

The Government's Smarter Travel policy, which seeks to deliver a sustainable travel and transport system by 2020, will contribute to a modal shift away from the car, and will therefore lead to a reduction in transport emissions generally. In addition, new EU standards providing for technological improvements to fossil fuel-powered cars sold in the EU will, over the lifetime of the policy, yield emissions reductions.

Regulation (EC) No. 715/2007 set tighter emission limits for particulates and nitrogen oxide from light passenger and commercial vehicles. The new emission limits, known as Euro 5 and Euro 6, take effect in two stages. Euro 5 emission limits came into effect for new registrations from 1 January 2011. The main effect of Euro 5 is to reduce the emission of particulate matter from diesel cars from 25mg/km to 5mg/km by making particle filters for diesel cars obligatory. Euro 6 emission limits will apply for new registrations from 1 September 2015. Euro 6 limits will mainly reduce the emissions of nitrogen oxide from diesel cars further, from 180mg/km to 80mg/km. Further information on euro standards can be found on the website of the Road Safety Authority, www.rsa.ie.

Housing Policy

Simon Harris

Question:

96 Deputy Simon Harris asked the Minister for the Environment, Heritage and Local Government the position regarding the national housing strategy for persons with disabilities; and if he will make a statement on the matter. [6966/11]

The draft housing strategy for people with a disability sets out a framework for the proposed delivery of housing for people with disabilities through mainstream housing policy. The strategy has been developed in conjunction with a National Advisory Group, chaired by my Department and involving the Department of Health and Children, the HSE, local authorities, organisations representing people with disabilities and other relevant stakeholders, including the National Disability Authority.

The draft housing strategy is at an advanced stage and I intend, with my colleague the Minister of State for Disability, Equality and Mental Health, to complete this work and to seek Government endorsement for the strategy before the Summer.

Local Authority Services

Tom Barry

Question:

97 Deputy Tom Barry asked the Minister for the Environment, Heritage and Local Government the cost of flood hazard maps, produced by a company for Cork County Council and incorporated in Cork’s draft local area plans; if the requirement for these maps can be reviewed, in view of inaccuracies that have been highlighted. [6979/11]

My Department's Guidelines to Planning Authorities on the Planning System and Flood Risk Management, which were published on 30 November 2009, are aimed at ensuring a more consistent, rigorous and systematic approach to flood risk assessment and management in the planning system. The Guidelines which were issued under section 28 of the Planning and Development Act 2000, and to which planning authorities and An Bord Pleanála must have regard in the performance of their functions, inter alia advocate the incorporation of flood risk assessments in preparing and adopting local area plans in line with the requirement of the Guidelines.

It is a matter for planning authorities to identify the appropriate sources of information to be used in preparing flood risk assessments cited in the Guidelines and the associated Technical Appendices.

Water Quality

Seán Kyne

Question:

98 Deputy Seán Kyne asked the Minister for the Environment, Heritage and Local Government the position regarding the public health issue that has arisen at a location (details supplied) in County Galway where the drinking supply of water has been contaminated by an oil spillage and if he will expedite the approval of the Costello regional water supply scheme which will serve this location. [6981/11]

Carraroe water supply is abstracted from Loughaunwillaun Lake adjacent to Carraroe village. The scheme supplies the village of Carraroe, the greater Carraroe peninsula, Bealadangan, Costello, and the group scheme of Camus and Rossaveel.

I understand that the current incident involves the leakage of heating oil from a property in Carraroe. Galway County Council has established the source of the oil leak and has taken steps to minimise the leakage including liaising with the property owners involved. The property owners have commenced remediating their site with the removal of the affected soil and the placing of booms on the stream into which oil has been seeping.

At the intake point the Council has provided additional booms and straw to prevent the ingress of oil particles into the water supply distribution system and has commenced the aeration and agitation of the raw water adjacent to the source in an effort to break up the oil particles to aid their evaporation. Work has commenced on cleansing the distribution network of any residue and specialist contractors have been brought in to flush and clean out two reservoirs on the scheme. Daily sampling of the raw water and distribution network is being undertaken.

Since 30 March 2011, tankers of clean water have been placed throughout the affected network to provide the public with clean drinking water. These tankers are continually replenished as required. All those in need of clean water are being attended to by Galway County Council staff on the ground. This is being done in consultation with the HSE and local community groups. The Council website is being continually updated with relevant information, such as the extent of the network affected and the locations of tankers. Notices are being placed on local radio to keep the public up to date.

Galway County Council is currently liaising with the HSE to determine when a normal water supply can be resumed. I understand that the Council has recently recorded clear results in the raw water at the intake to the supply though contamination of the supply network will persist for a period.

While this incident relates to the pollution of the source, there is planned investment to upgrade the Carroroe treatment plant in the short-term, as risks have been identified on the supply by the Environmental Protection Agency and it is included on their Remedial Action List. The Department approved funding of almost €723,000 in 2010 to address these issues. Substantial investment is contemplated in the Water Services Investment Programme 2010-2012, providing for a new source, treatment facilities and water treatment plant and extensive distribution network upgrades for the Carraroe area under the Costello Regional Water Supply Scheme. The total estimated cost of the proposed contracts is €15.3 million, and they are amongst the list of contracts in the programme to advance to construction by 2012.

An Bord Pleanála has approved the EIS for the Costello scheme with conditions. Galway County Council submitted a copy of the EIS to the Department in October 2010, together with its report on the EIS conditions. My Department is currently examining this report in conjunction with the Council's contract documents for the scheme. A decision on those documents will be conveyed to the Council in the coming weeks. Once approved, the Council will then be in a position to seek tenders for the scheme.

Local Government Reform

Timmy Dooley

Question:

99 Deputy Timmy Dooley asked the Minister for the Environment, Heritage and Local Government his views on the report of the Limerick local government committee and in particular the report's recommendation that there be a boundary extension from County Limerick into County Clare; and if he will make a statement on the matter. [6992/11]

I am very much aware of the urgent need to strengthen local government in Limerick. I am carefully considering the report of the Limerick Local Government Committee, published in September 2010, which contains recommendations in that regard and I intend to bring proposals to Government as soon as possible.

Local Authority Funding

Timmy Dooley

Question:

100 Deputy Timmy Dooley asked the Minister for the Environment, Heritage and Local Government if he will bring forward legislation reforming the way local authority commercial rates are calculated; and if he will make a statement on the matter. [6993/11]

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 determination of the annual rate on valuation (ARV), which is applied to a property valuation to calculate rates, is a decision taken locally by the elected members of a local authority in their annual budget. I have no plans at present to amend the legislation in this area.

Water and Sewerage Schemes

Timmy Dooley

Question:

101 Deputy Timmy Dooley asked the Minister for the Environment, Heritage and Local Government the position regarding the sewage treatment project at a location (details supplied) in County Clare; and if he will make a statement on the matter. [6994/11]

Timmy Dooley

Question:

102 Deputy Timmy Dooley asked the Minister for the Environment, Heritage and Local Government the position regarding the sewerage scheme at a location (details supplied) in County Clare; and if he will make a statement on the matter. [6995/11]

Timmy Dooley

Question:

103 Deputy Timmy Dooley asked the Minister for the Environment, Heritage and Local Government the position regarding the sewerage scheme at a location (details supplied) in County Clare; and if he will make a statement on the matter. [6996/11]

Timmy Dooley

Question:

104 Deputy Timmy Dooley asked the Minister for the Environment, Heritage and Local Government the position regarding the sewerage scheme at a location (details supplied) in County Clare; and if he will make a statement on the matter. [6997/11]

I propose to take Questions Nos. 101 to 104, inclusive, together.

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 Clare. The Programme includes contracts under construction and to commence to the value of over €38 million in County Clare during the period of the Programme. However the Broadford, Carrigaholt, Labasheeda and Cooraclare Sewerage Schemes were not amongst the priority contracts and schemes selected for inclusion in the current Programme.

The Programme aims to prioritise projects that target environmental compliance issues and support economic and employment growth. A key input to the development of the Programme was the assessment of needs prepared by local authorities, including Clare County Council, in response to my Department's request to the authorities in 2009 to review and prioritise their proposals for new capital works in their areas. These were subsequently appraised in the Department in the context of the funds available and key criteria that complemented those used by the authorities. Inevitably, through this process, certain projects that had been proposed had to give way to others that are more strategically important at this time.

In January 2011, Clare County Council wrote to my Department to request that the Carrigaholt Sewerage Scheme be considered for inclusion in the Water Services Investment Programme 2010– 2012. The annual review of the Programme has been initiated by my Department and any proposals received from local authorities that meet the criteria being developed for the review will be considered for inclusion the Programme, having regard to overall financial implications.

Local Authority Funding

Niall Collins

Question:

105 Deputy Niall Collins asked the Minister for the Environment, Heritage and Local Government when he will be funding the Limerick County Council conservation grant scheme for 2011. [6998/11]

Due to a significant reduction in the budgetary allocation to the built heritage within the vote of my Department, the operation of the Local Authority Conservation Grants Scheme has been suspended. My Department is providing limited funding through a "Structures at Risk Fund" in 2011, to assist with works to safeguard structures protected under the Planning and Development Acts 2000-2010. Details of the operation of the fund have recently been issued to each local authority.

The Department proposes to undertake a review of the operation of Part IV (Architectural Heritage) of the Planning and Development Act 2000. This review will include an examination of the funding provided towards the conservation and protection of the architectural heritage.

Departmental Programmes

Jack Wall

Question:

106 Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Government the position regarding a regeneration programme (details supplied); the number of meetings that have taken place with the local authority in regard to this matter; the total funding committed by him to the project to date; the total funding required for the completion of the project; the time scale as agreed by him and the local authority for the project; the tendering process for the project; if this has commenced, if so, the stage it is at; if not when will tendering commence; and if he will make a statement on the matter. [7006/11]

The project in question is part of my Department's Remedial Works Programme 2009-2011. Approval issued in June 2010 with a preliminary budget of €6.61 million for the project, subject to specific terms and conditions. An ongoing series of meetings and other communications has taken place between my Department and Kildare County Council, including the recent Housing Action Plan meeting. An allocation of €500,000 has been provided to the Council in 2011 with the provision that the project must proceed before the end of this year. Further design, costing and phasing details have been sought from the Council. Upon receipt, these will be considered by my Department with a view to reaching agreement as soon as possible on the further progression of the scheme towards the tendering process.

Private Rented Accommodation

Peter Mathews

Question:

107 Deputy Peter Mathews asked the Minister for the Environment, Heritage and Local Government his plans to introduce a deposit protection scheme for tenants in private rented accommodation to prevent the retention of deposits by landlords on spurious grounds; and if he will make a statement on the matter. [7024/11]

The Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector. My Department conducted a review of the Act in 2009 with a specific emphasis on whether the Act best supports the PRTB's key functions and on whether legislative amendments would support either the achievement of additional operational efficiencies by the PRTB in the delivery of those functions or the broader good working of the private rented sector. The outcomes of the review were announced by my predecessor as Minister of State and, in April 2010, the Government approved the preparation of the Heads of a Bill to deliver on the review's recommendations.

The incorrect retention of deposits by landlords was identified in that review process as one of a range of issues that merited specific attention. I am at present evaluating the review process recommendations and associated legislative proposals and I intend to come to an early decision as to how best to proceed in this regard. I have already met with the PRTB which has engaged in some research as to the viability of a separate deposit retention scheme pursuant to its function, under section 151(1) of the Act, to provide advice to the Minister concerning policy in relation to the private rented sector. On foot of that meeting, I have asked the PRTB to carry out further research on how best to address the issue of deposit retention this research will further inform my thinking on this matter.

Water and Sewerage Schemes

Pat Breen

Question:

108 Deputy Pat Breen asked the Minister for the Environment, Heritage and Local Government the funding that is outstanding in respect of a group water scheme (details supplied) in County Clare; when the grants will be made available; and if he will make a statement on the matter. [7031/11]

Responsibility for the examination, approval and funding of group water scheme proposals has been devolved to local authorities under the Rural Water Programme since 1997. Information relating to this scheme may, therefore, be obtained from Clare County Council.

Planning Issues

Thomas P. Broughan

Question:

109 Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government if he has contacted Dublin City Council since the formation of the Government regarding outstanding problems in the large north fringe district of the Dublin North-East constituency; and if he has urged the Dublin City Council manager to expedite the production of a revised and sustainable masterplan for the area; and if he will make a statement on the matter. [7037/11]

It is the responsibility of each planning authority to provide for the proper planning and sustainable development of its area, to ensure that their statutory development plans and local area plans provide an adequate basis to guide the delivery of infrastructure and services, as well as future development, and to reflect national and regional policy priorities within these plans.

The Dublin City Development Plan 2011-2017 has been adopted by the members of the City Council and came into effect on 22 December 2010. This Plan includes a commitment to undertake a review of the North Fringe Local Area Plan as part of a process of integrating the core strategy policies of the wider City Development Plan into local plans and strategies. I understand that the Council intends to initiate the review of this Local Area Plan in the near future.

Frank Feighan

Question:

110 Deputy Frank Feighan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the impact the code of practice in planning will have on soils in County Leitrim; the steps he will take to put a derogation in place in County Leitrim; if he will re-examine, regarding County Leitrim, the Environmental Protection Agency’s new code of practice on wastewater treatment and disposal systems serving single houses which was published in October 2009 which sets out comprehensive requirements in relation to the design, installation and maintenance of on-site wastewater systems. [7043/11]

Appropriate measures to ensure that waste, which includes wastewater from septic tanks and proprietary waste systems, is recovered or disposed of without endangering human health and without using processes that could harm the environment, have necessarily been taken by my Department in order to address a recent ECJ judgment (C188/08) which found that Ireland was in breach of Article 4 of the EU Waste Directive (2006/12/EC). Implementation of the Environmental Protection Agency's (EPA) new Code of Practice on Wastewater Treatment and Disposal Systems Serving Single Houses which was published in October 2009 is a key measure in this regard.

The Code of Practice sets out comprehensive requirements in relation to the design, installation and maintenance of on-site wastewater systems. My Department issued a circular letter to planning authorities in January 2010 regarding implementation of the EPA's new Code of Practice.

Elements of the Code of Practice relevant to building control have also been provided for in the recently published Technical Guidance Document to Part H (Drainage and Waste Water Disposal) of the Building Regulations as amended by the Building Regulations (Part H Amendment) Regulations 2010 (S.I. No. 561 of 2010).

In this regard, the EPA Code of Practice lays down the technical standards to comply with Ireland's duty of care under Article 4 of the Waste Directive, but in particular to ensure that the disposal of waste via wastewater systems for single dwellings does not give rise to public nuisance, health risk or damage to the natural environment. There is no provision in the Directive for a derogation from the requirements of Article 4.

While the Code of Practice may pose engineering and planning challenges in certain parts of the country where soil and geological conditions create very difficult drainage conditions, it also sets out a number of potential technical solutions. These include innovative designs of proprietary wastewater treatment systems, and the consideration of discharges other than to sodden or otherwise unsuitable ground conditions, that can be used to ensure that development on suitable sites can proceed while protecting the environment.

The EPA under the STRIVE research programme, is also evaluating a number of potential technical responses to sites with difficult drainage conditions, my Department will be monitoring this research and the work of local authorities in implementing the EPA manual more generally and will be reporting back to me.

My Department will therefore continue to work proactively with local authorities in ensuring that the planning system takes proper account of river basin management plans, water quality legislation and new technology in assessing the on-site wastewater treatment and disposal system aspect of proposals for housing that are needed to meet the needs of rural communities.

Proposed Legislation

Peter Mathews

Question:

111 Deputy Peter Mathews asked the Minister for Justice and Equality his plans to amend the Property Services (Regulation) Bill 2009 to set up a national house price register database in order to provide information about the state of the property market; and if he will make a statement on the matter. [7023/11]

The position is that the Property Services (Regulation) Bill 2009, which has already passed through the Seanad, is currently awaiting Dail Committee Stage. I intend to bring forward amendments to the Bill at Committee Stage to provide for the publication of residential property sales prices by the Property Services Regulatory Authority.

Maureen O'Sullivan

Question:

112 Deputy Maureen O’Sullivan asked the Minister for Justice and Equality in view of the important role treatment and rehabilitation plays in tackling the drugs crisis, if he will bring forward legislation that will allow the expunging of criminal records for those who have been convicted of non-violent drug related crimes who have completed their course of treatment and rehabilitation [6934/11]

In developing the National Drug Strategy 2009-2016 a Steering Group was established to review the progress and impact made under the 2001-2008 Strategy and to make recommendations for the 2009-2016 Strategy. In its Report the Steering Group recognised that criminal convictions, acquired as a consequence of drug use, can in certain circumstances act as a significant barrier in terms of successful rehabilitation and reintegration. In this regard, the Steering Group recommended that consideration be given to developing a legislative framework whereby certain convictions could be considered spent after an appropriate period.

As the Deputy will be aware the Legislative Programme for this term, published this week, provides for a new Bill on Spent Convictions. The previous Bill lapsed in the normal way upon the dissolution of the last Dáil. Although I am unable at this early stage to give a detailed account of the new Bill's content I can say that, like the earlier Bill, the new Bill will provide for the non-disclosure of most convictions where a sentence at the lower end of the scale was imposed. Disclosure will still be required in the case of certain posts and in respect of certain convictions. The new Bill will apply to adult offenders — the Children Act 2001 (section 258) already makes provision for child offenders — and it will apply retrospectively, to convictions that meet the criteria no matter when the conviction was recorded.

I realise Ireland is among the few EU Member States that does not have a formal system for dealing with minor offences and I accept we must address the issue. However, in doing so, I will be seeking to protect and maintain confidence in the criminal justice system while also providing an incentive to those wishing to make a fresh start.

Garda Training

Simon Harris

Question:

113 Deputy Simon Harris asked the Minister for Justice and Equality the progress that has been made in implementing recommendation 15.1.9 of A Vision for Change that senior gardaí should be identified and trained in each Garda division to act as resource and liaison mental health officer; and if he will make a statement on the matter. [6963/11]

Recommendation 15.1.9 of a Vision for Change is being fully implemented within An Garda Síochána.

A Memorandum of Understanding on the removal or return of a person to an Approved Centre in accordance with section 13 and section 27 of the Mental Health Act 2001, and the removal of a person to an Approved Centre in accordance with section 12, was agreed between the Garda Síochána, the HSE, the Mental Health Commission and the service users and was signed by the Commissioner on 15 September 2010.

Effective implementation of this Memorandum is under way. A member of the Garda Síochána at Inspector rank has been nominated in each Garda Division to act as the liaison person to the Approved Centre for the catchment area(s) that extends to their Division. A list of the nominated Inspectors has been exchanged with the HSE and this list together with their counterparts, Executive Clinical Directors, has been circulated within the Garda organisation.

The development of a specific training programme for these Liaison Inspectors is at an advanced stage in the Garda College. The nomination of Inspectors to act as liaison persons to the Approved Centre for the catchment area that extends to their Division also implements Recommendation 15.1.9 of A Vision for Change.

Legislative Programme

Simon Harris

Question:

114 Deputy Simon Harris asked the Minister for Justice and Equality when legislation on legal capacity will be published; and if he will make a statement on the matter. [6964/11]

The Government Legislation Programme announced on 5 April 2011 indicates that the Mental Capacity Bill is expected to be published in late 2011.

The Bill will reform the law on mental capacity taking into account the Law Reform Commission's Report on Vulnerable Adults and the Law. The Bill will replace the Wards of Court system with a modern statutory framework governing decision-making on behalf of adults who lack capacity.

International Agreements

Simon Harris

Question:

115 Deputy Simon Harris asked the Minister for Justice and Equality the progress that has been made towards Ireland’s ratification of the United Nations Convention on the Rights of Persons with Disabilities; and if he will make a statement on the matter. [6965/11]

I can inform the Deputy that it is the Government's intention to ratify the UN Convention on the Rights of Persons with Disabilities (UNCRPD) as quickly as possible, taking into account the need to ensure that all necessary legislative and administrative requirements under the Convention are being met. As the Deputy may be aware, Ireland does not tend to become party to treaties until it is first in a position to comply with the obligations imposed by the treaty in question, including the amendment of domestic law as necessary.

The ongoing implementation of our National Disability Strategy in many respects already comprehends many of the provisions of the Convention. In addition, the Inter-Departmental Committee on the UNCRPD monitors the remaining legislative and administrative actions required to enable the State to ratify the Convention. The Committee has developed a programme on which work is progressing to address the matters that need to be aligned with the UNCRPD.

Court Procedures

Michelle Mulherin

Question:

116 Deputy Michelle Mulherin asked the Minister for Justice and Equality if he will sign and make effective two Statutory Instruments made by the Rules of the Superior Courts committee, namely, the Rules of the Superior Courts (Lodgement of Documents) dated 23 July 2009 and the Rules of the Superior Courts (costs of Judgement in Default of Appearance) dated 30 October 2008. [6988/11]

John Lyons

Question:

121 Deputy John Lyons asked the Minister for Justice and Equality his plans to sign amended Superior Court Rules which propose to allow non-personal delivery of documents to the office of the High Court; if his attention has been drawn to the impact and potential job losses that will occur as the result of such an action; and if he will make a statement on the matter. [7019/11]

I propose to take Questions Nos. 116 and 121 together.

These matters are currently under consideration in my Department.

Road Traffic Offences

Thomas P. Broughan

Question:

117 Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of persons arrested and charged with drink driving in the Garda R and J districts in the years 2007, 2008, 2009, 2010 and to date in 2011; the number of drivers convicted in each of the years; and if he will make a statement on the matter. [6999/11]

In the time available it has not been possible for the Garda authorities to supply the information relating to the number of arrested requested by the Deputy. I will be in contact with the Deputy when the information is to hand.

Citizenship Applications

Caoimhghín Ó Caoláin

Question:

118 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality if the reduced naturalisation fee of €200 applies to the widows of naturalised Irish citizens as well as the widows of persons born with Irish citizenship; if not, the basis for the differential treatment; and if he will make a statement on the matter. [7013/11]

The fees in relation to Irish Nationality and Citizenship are set-out in Statutory Instrument No. 294/2008. This provides that where the application is made by a widow or widower whose spouse was, immediately before death, an Irish citizen, and who has not, subsequent to the spouse's death, become a naturalised citizen of a state other than this State, that a fee of €200.00 applies. I am advised by the Irish Naturalisation and Immigration Service that no distinction is made between the categories of persons referred to by the Deputy.

Garda Deployment

Mary Lou McDonald

Question:

119 Deputy Mary Lou McDonald asked the Minister for Justice and Equality the reason the number of community gardaí operating from a location (details supplied) have been cut. [7016/11]

Under the Garda Síochána Act the Garda Commissioner has operational control of the force including responsibility for the allocation of resources. I have been informed by him that Store Street Garda Station covers the area referred to by the Deputy and that the personnel strength of Store Street Garda station, on the latest date for which figures are readily available, was 284.

While the number of dedicated Community Gardaí in Store Street station is 78, under the current model of Community Policing all Gardaí have responsibility, inter alia, to deal with Community Policing issues as and when they arise.

Garda Operations

Mary Lou McDonald

Question:

120 Deputy Mary Lou McDonald asked the Minister for Justice and Equality the measures the Garda Síochána will take in order to ensure that there is no repeat of the violence which occurred at the Smithfield horse fair Dublin on the first Sunday of March 2011. [7018/11]

I am informed by the Garda authorities that an operational policing plan is prepared by local Garda management for each occasion on which this event is held.

Following the incidents which occurred at the event recently, additional resources will be deployed, including specialist units and high visibility uniform patrols, to ensure the safety of those attending and to prevent incidents of public disorder, anti-social behaviour, violence and other criminal behaviour.

Local Garda management will continue to liaise with the local authority and other stakeholders involved in organising this event. The policing requirements for the event will remain under review.

I understand that my colleague the Minister for Enterprise, Jobs and Innovation is seeking the advice of the Attorney General on closure of the fair.

Question No. 121 answered with Question No. 116.

Garda Stations

Joe Costello

Question:

122 Deputy Joe Costello asked the Minister for Justice and Equality his proposals for the future of a Garda station (details supplied); and if he will make a statement on the matter. [7025/11]

The programme of replacement and refurbishment of Garda accommodation around the country is based on agreed priorities established by An Garda Síochána and it is progressed in close co-operation with the Office of Public Works, who have responsibility for the provision and maintenance of Garda accommodation.

I am advised by the Garda authorities that work on the refurbishment of Mountjoy Garda Station is currently underway. It is anticipated that this work will be completed by mid 2011 and that the refurbished building will accommodate the station party from the station referred to by the Deputy while refurbishment works are carried out at that station. Arrangements are currently being progressed to ensure that a Garda service will be maintained at the location referred to during the period the relevant members are stationed at Mountjoy.

I am further advised that the station referred to by the Deputy has been identified as the location, in due course, for the new District Headquarters for the area concerned. This project will be progressed in the context of the overall Garda accommodation programme and in the light of available resources.

Milk Quota

Michael Creed

Question:

123 Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food the criteria used to determine the successful applicants in the forthcoming competition for new entrants to dairying; and if he will make a statement on the matter. [6936/11]

The 2011 Scheme for the Allocation of Milk Quota to New Entrants was announced on 31 January 2011, with a closing date of 8 April 2011. The Scheme provides for three New Entrant categories, namely:

Category A — Brand New Entrant to Dairying

Category B — Purchaser of Quota as a New Entrant through the Milk Quota Trading Scheme

Category C — Purchaser of Quota as a Successor through the Milk Quota Trading Scheme

In order to be eligible for consideration, each applicant must:

satisfy the education and training qualifications as outlined in Annex I of the detailed rules of the scheme. A copy of the relevant documentation must be submitted with the application,

have/will have a holding comprised of lands owned and/or leased by him or her,

have/will have his/her own separate independent herd number in which the dairy animals are/will be registered,

have his/her own separate milking and milk storage facilities situated on his/her holding prior to commencement of milk production,

submit a comprehensive 5-year business plan.

Applications that satisfy the eligibility criteria will be submitted for a detailed assessment. An independent panel has been established for this purpose. The panel will make recommendations to me for approval of those applications considered to provide the best evidence of a viable and sustainable enterprise.

The assessment will focus on the following areas:

Educational Qualifications — Preference may be given to applicants with qualifications more specific to dairying,

Background — Extent to which applicants have any previous involvement/interest in farming, particularly in dairy farming. This will include any skills or experience already developed, and the extent of any family involvement,

Business Plan — Applicants should present a comprehensive plan setting out their commitment to the dairy enterprise and its future development,

Financial Input — Preference may be given to applicants on the basis of personal financial commitment to the enterprise,

I hope to be in a position to announce the completion of the process by the end of May.

Grant Payments

John O'Mahony

Question:

124 Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo received the balance of their outstanding payment; and if he will make a statement on the matter. [6947/11]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 19th of April 2010.

This application was selected for a Ground Eligibility and Cross Compliance inspection. The inspection process is complete and the results have now been processed.

During the course of the Ground Eligibility inspection discrepancies were found which resulted in the claimed area for the Single Payment Scheme of 23.14ha being reduced to a payable area of 22.87ha. As the total entitlements held are 23.91 and the difference between the area claimed and the area found is less than 3% and under 2ha the area put forward for payment was 22.87ha.

Payment under Single Payment Scheme issued on the 16th of December 2010 and payment under the Disadvantaged Area Scheme issued on the 22nd of December 2010.

The reduction of 0.27ha in the payable area led to €48.39 being withheld from the 2010 SPS payment. An administrative oversight has led to a delay in the issuing of a formal notice explaining the inspection findings and advising the person named of his right to seek a review of the decision. This notice will be dispatched without delay. The person named also retains the right to have the outcome of any such review appealed to the Independent Agriculture Appeals Office.

John Browne

Question:

125 Deputy John Browne asked the Minister for Agriculture, Fisheries and Food when single farm payments will issue in respect of a person (details supplied) in County Wexford. [6985/11]

An application under the 2010 Single Payment Scheme was received from the person named on 30 April 2010. Payments under the 2010 Single Payment Scheme commenced nationally on 18 October 2010. The person named submitted an application with 16 land parcels, 6 of which required re-digitisation. Payments under the Single Payment Scheme 2010 were issued to the applicant on 18 October 2010, 1 December 2010 with a final balancing payment on 22 March 2011.

Forestry Sector

Question:

126 Deputy Michael P. Kitt asked the Minister for Agriculture, Fisheries and Food when approval will be given for a plantation application in respect of a person (details supplied) in County Galway. [6990/11]

The Forestry Division of my Department and the National Parks and Wildlife Service are currently finalising procedures which will determine the levels of afforestation that can be approved in 2011 within areas designated for the protection of the hen harrier. Applications, which have not yet been approved, will be decided shortly in consultation with the National Parks and Wildlife Service.

Grant Payments

Paul Connaughton

Question:

127 Deputy Paul J. Connaughton asked the Minister for Agriculture, Fisheries and Food the reason suckler cow welfare payment has not been granted in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [7003/11]

The person named registered 15 animals under the 2009 Suckler Welfare Scheme. Under the Terms and Conditions of the Suckler Welfare Scheme applicants undertake to implement, for the full term of the Scheme, specific measures on all eligible suckler cows and the calves they are suckling. Applicants are also required to record all of the details of each measure on my Department's database through the Animals Event System. The person named did not submit any information relating to the measures in respect of his animals born during 2009. Until such time as this information is received, and all of the Terms and Conditions have been found to have been complied with, payment cannot be made.

Frank Feighan

Question:

128 Deputy Frank Feighan asked the Minister for Agriculture, Fisheries and Food the position regarding an application for REP scheme in respect of a person (details supplied) in County Roscommon and when a decision will issue. [7042/11]

The person named commenced REPS 4 in October 2009 and received the year 1 payment in January 2010. The year 2 payment has been processed and will be paid to the person named in the next two weeks.

Community Development

Niall Collins

Question:

129 Deputy Niall Collins asked the Minister for Community, Equality and Gaeltacht Affairs if she will provide funding for a building project (details supplied) in County Limerick; and if she will make a statement on the matter. [7029/11]

Funding of €427m is to be made available under the Rural Development Programme (RDP) 2007-2013 for allocation to qualifying projects up to the end of 2013. One of the objectives of the RDP is to identify and provide appropriate amenity and leisure facilities to local communities not otherwise available to them. Accordingly, it is possible, in principle, that projects of the nature referred to by the Deputy could be eligible under the RDP.

There are 36 Local Action Groups contracted, on my Department's behalf, to deliver the RDP throughout the country and these groups are the principal decision-makers in relation to the allocation of project funding. Such decisions are made in the context of the local development strategy of the individual groups and in line with Departmental operating rules and EU regulations. Contact details for these groups can be found at www.pobail.ie.

Mental Health Services

Finian McGrath

Question:

130 Deputy Finian McGrath asked the Minister for Health and Children if he will provide a breakdown of funding in the area of mental health and specifically funding in the area of suicide prevention and crisis awareness groups. [7103/11]

Finian McGrath

Question:

141 Deputy Finian McGrath asked the Minister for Health and Children if he will provide a breakdown of funding in the area of mental health, specifically funding in the area of suicide prevention and crisis awareness groups. [7039/11]

I propose to take Questions Nos. 130 and 141 together.

The Revised Estimates for Public Services 2011 indicate expenditure of €920 million for the provision of in-patient, out-patient and community mental health services. This figure includes €8.7 million for suicide prevention of which €4.2 million is available to the National Office for Suicide Prevention and €4.5 million is available regionally to fund Resource Officers for Suicide Prevention, A&E Self-Harm Liaison Nurses and local suicide prevention initiatives including crisis awareness groups.

Simon Harris

Question:

131 Deputy Simon Harris asked the Minister for Health and Children his policy on ending the practice of placing children in adult psychiatric wards and if this practice will be ended in 2011; and if he will make a statement on the matter. [6954/11]

Simon Harris

Question:

132 Deputy Simon Harris asked the Minister for Health and Children the plans that are in place to ensure that all children and adolescents receive access to age appropriate mental health services; and if he will make a statement on the matter. [6955/11]

I propose to take Questions Nos. 131 and 132 together.

A child should only be admitted as an in-patient to a psychiatric facility as a last resort, and should as far as possible receive the necessary treatment in the community. In this regard it is noted that the Government for National Recovery is committed to reforming our model of healthcare delivery so that more care is delivered in the community; access to modern mental health services in the community will therefore be significantly improved. It is proposed to ring fence €35 million annually from within the health budget to develop community mental health teams and services to ensure early access to more appropriate services for both adults and children.

In terms of child and adolescent mental health service infrastructure, currently the bed capacity is 52. Work is due to commence later this year on the second phase of the child and adolescent unit at St. Vincent's Hospital, Fairview which will increase capacity from 6 to 12 beds, providing 58 beds nationally by 2012. Work on the Linn Dara Child and Adolescent Mental Health Day Facility in Cherry Orchard, Dublin is expected to be completed by September 2011. It is envisaged that the provision of improved community based services, coupled with an increase in bed capacity, will put an end to the practice of placing children and adolescents in adult psychiatric facilities.

Child Care Services

Simon Harris

Question:

133 Deputy Simon Harris asked the Minister for Health and Children the action that has been taken to implement recommendation 3 of the Ryan report to develop a national specialist multidisciplinary team for children in special care and detention; and if he will make a statement on the matter. [6956/11]

The Implementation Plan arising from the findings of the Report of the Commission to Inquire into Child Abuse includes provision for the development by the HSE, in consultation with the Irish Youth Justice Service, of a national specialist multidisciplinary team for children in special care and detention. This team is in the process of being established. A model of care has been developed and agreed between the HSE and the Irish Youth Justice Service. The project is now at implementation stage and this includes the recruitment of approximately 30 staff to manage and run the service. The necessary finance has been provided to the HSE to facilitate the recruitment of these staff and the intention is to have the service operational later this year.

Departmental Funding

Noel Harrington

Question:

134 Deputy Noel Harrington asked the Minister for Health and Children if funding will be provided to provide residential care in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [6959/11]

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

Martin Ferris

Question:

135 Deputy Martin Ferris asked the Minister for Health and Children when a person (details supplied) will be given a date for a surgical procedure. [6974/11]

The management of inpatient waiting lists is a matter for the HSE and the individual hospitals concerned. I have, therefore, referred the Deputy's question to the Executive for direct reply.

Health Service Staff

Brendan Ryan

Question:

136 Deputy Brendan Ryan asked the Minister for Health and Children if he will make available the number of Health Service Executive staff currently on, or awaiting to return from, career breaks; if he will provide assurances that all those returning from a career break will be re-employed within the HSE, as per the strict terms of the individual’s career break contract; and if he will make a statement on the matter. [7004/11]

The Health Service Executive (HSE) has advised that under the terms of the career break scheme which operates in the health service, HSE employees are required to give 3 month's notice of their intention to return from career break. In the event that a suitable, vacancy which can be filled does not arise on the termination of the period of the career break, employees are guaranteed re-employment within the HSE within 12 months of the date of termination of the career break.

The HSE has further advised that there are currently 931 individuals on or awaiting return from career break across the HSE. The following is the position in each HSE area:

Dublin North East: the current total for staff on or awaiting return from career breaks in DNE is 73;

Dublin Mid-Leinster: there are currently 232 individuals on career break in HSE Dublin Mid-Leinster. Of these, 43 are on a waiting list pending an approved vacancy becoming available, 16 of the 43 have already been offered 1 or more posts but have refused the offer. 29 have expressed their interest in returning to work and are on their 12 month extended waiting period;

HSE South: there are currently 300 individuals on career break in HSE South. 98 of these are awaiting return, of whom 43 have been made and refused an offer of a post. 55 have received no offer; and

HSE West: there are 326 staff on or awaiting return from career breaks at the current time in HSE West.

Hospital Waiting Lists

Ciaran Lynch

Question:

137 Deputy Ciarán Lynch asked the Minister for Health and Children when a person (details supplied) in County Cork will be granted a first hospital appointment; and if he will make a statement on the matter. [7012/11]

The management of out-patient waiting lists is a matter for the HSE and the individual hospitals concerned. I have, therefore, referred the Deputy's question to the Executive for direct reply.

Long-Term Illness Scheme

Paschal Donohoe

Question:

138 Deputy Paschal Donohoe asked the Minister for Health and Children his views whether Crohn’s disease should be included on the Health Service Executive’s long-term illness scheme, the actions he will take to ensure this occurs; and if he will make a statement on the matter. [7022/11]

There are no plans to extend the list of eligible conditions covered by the Long Term Illness Scheme. 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 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.

Mental Health Services

Peter Mathews

Question:

139 Deputy Peter Mathews asked the Minister for Health and Children his plans to establish a dedicated executive position within the Health Service Executive that will be responsible for implementing a Vision for Change; his plans to publish a comprehensive implementation plan for a Vision for Change setting out deliverables, a time line and stating the persons responsible; if he will raise funding of mental health services to 8% of the health budget by 2016; his plans to enact legislation which protects the rights of persons with disabilities and binds public and private sector employers and service providers to operate with regard to the principle of a Vision for Change; and if he will make a statement on the matter. [7032/11]

The implementation of ‘A Vision for Change' is primarily the responsibility of the Health Service Executive (HSE). In 2009, the Board of the Health Service Executive approved an Implementation Plan for ‘A Vision for Change' for the period 2009-2013. In November 2009 the HSE also appointed an Assistant National Director as the national lead to ensure the delivery of mental health services in line with legislation and Government policy.

The Revised Estimates for the Public Services for 2011 indicate expenditure of €920 million by the HSE on the delivery of mental health services; this represents almost 7.5% of the total health budget (€12,312 million) for this year. It excludes expenditure on mental health services provided in primary care. It is estimated that 90% of mental health problems are dealt with in primary care and some 30% of people who attend primary care have a mental health problem.

The Government is committed to a review of the Mental Health Act 2001. The review, which will commence in 2011, will be informed by a human rights approach. My officials are currently engaged with the Health Research Board on the international evidence on a human rights based approach to mental health legislation. In addition, a wide ranging public consultation will be undertaken where we will seek the views of the public, the relevant stakeholders and interested groups/parties. The consultation will of course be advertised in the Press.

Special Educational Needs

Thomas P. Broughan

Question:

140 Deputy Thomas P. Broughan asked the Minister for Health and Children if he has liaised with the Department of Education and Skills in response to a proposal from a school (details supplied) in Dublin 13 for a proposed applied behavioural analysis academy for children on the autistic spectrum in Dublin north east; and if he will make a statement on the matter. [7035/11]

Matters relating to the education of children with autism are the responsibility of the Minister for Education and Skills and therefore it is more appropriate for that Minister to deal with this organisation's proposal.

Question No. 141 answered with Question No. 130.

Departmental Funding

Dominic Hannigan

Question:

142 Deputy Dominic Hannigan asked the Minister for Health and Children his support for a foundation (details supplied); if he will honour the commitment made by the previous Minister for Health and Children to fund this foundation through 2011; the funding level he envisages for 2012 for the foundation; and if he will make a statement on the matter. [7055/11]

I assure the Deputy that the Health Service Executive will continue to fund the Jack & Jill Foundation in 2011. The Health Service Executive is working with the Jack and Jill Foundation to identify and prioritise the needs of the children on a case-by-case basis. The HSE is prepared to work closely with the foundation to ensure no child is hospitalised for want of adequate home support, provided by Jack and Jill or the HSE. The previous Minister's guidance to the Health Service Executive in developing its service plan for 2011 was that there should be a particular focus on protecting services to vulnerable groups. The Minister requested the Executive to give favourable treatment to disability services by setting a lower savings target for disability services of a maximum budget reduction of 1.8%. Decisions in relation to funding for the health services in 2012 will not be made until later this year as part of the 2012 Estimates process for the public services.

Hospital Waiting Lists

Martin Heydon

Question:

143 Deputy Martin Heydon asked the Minister for Health and Children when a person (details supplied) in County Kildare will receive a date for their operation; and if he will make a statement on the matter. [7063/11]

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

Tourism Promotion

Seamus Kirk

Question:

144 Deputy Seamus Kirk asked the Minister for Transport, Tourism and Sport if he is considering a comprehensive analysis of the cohesiveness of the relevant tourism promotion and development bodies in Ireland; and if he will make a statement on the matter. [6952/11]

Fáilte Ireland was established under the National Tourism Development Authority Act 2003, following the amalgamation of Bord Fáilte Éireann and CERT, to encourage, promote and support tourism. Its primary functions are the development of quality tourism product, domestic tourism marketing, tourism standards, enterprise support, capability building and human resource development for the tourism industry. Tourism was specifically designated as an area for co-operation under the Good Friday Agreement. In December 1998, the parties to the Agreement decided that a publicly owned limited company would be established by the Northern Ireland Tourist Board and the then Bord Fáilte Éireann to carry out functions related to the promotion of tourism to the island of Ireland. The company, Tourism Ireland Limited, was formally incorporated on 11 December 2000. Tourism Ireland is accountable to the North South Ministerial Council with funding for its operations being provided by the Department of Enterprise, Trade and Investment in Northern Ireland and by the Department with responsibility for tourism in the South. The primary remit of the company is to promote the island of Ireland as a tourist destination in overseas markets. The company works closely with Fáilte Ireland, NITB, and the tourism industry in delivering its remit.

The close working relationship between the organisations is strengthened by the fact that the chief executive of Fáilte Ireland sits on the board of Tourism Ireland. The Fáilte Ireland Authority also meets the board of Tourism Ireland on an ongoing basis to discuss issues of mutual interest on tourism. I understand that the chief executive of Tourism Ireland regularly attends the meetings of the Fáilte Ireland board on an observer basis. Furthermore, the chief executives and senior management teams in Fáilte Ireland and Tourism Ireland work hard to foster closer working relationships between the agencies. This includes joint preparation of marketing programmes. I am satisfied that these arrangements ensure the State tourism agencies act in a cohesive manner in delivering on their tourism promotion and development remits. Having said that, the Government believes it is important that all State agencies constantly review and monitor their operations to ensure optimal returns are received for public investment. I am aware that the tourism agencies are already working to share services, where possible, with a view to driving economies. Any change to Tourism Ireland would require agreement with the Northern Ireland authorities in the overall North-South framework. I hope to meet my Northern counterpart after the Assembly elections. I have no intention of carrying out a comprehensive review at present. It should be noted that Tourism Ireland, along with the other North-South bodies, are subject to review as part of the St. Andrews Agreement Review, work on which I understand is to conclude in the near future. However, if the Deputy has any suggestions on this matter, I ask him to make them known to my office.

Harbours and Piers

Noel Harrington

Question:

145 Deputy Noel Harrington asked the Minister for Transport, Tourism and Sport if he has received an application for funding for remedial works to a harbour (details supplied); the status of this application; when he will be in a position to notify the board of the total amount of funding to be provided for these works in the current year; and if he will make a statement on the matter. [6935/11]

My Department has received an application for funding for remedial works at Baltimore and Skibbereen harbours. Applications for funding under the Harbours Act 1946 are currently being examined in relation to six regional harbours. The total applications for funding for 2011 amount to €12.1 million, which is over double the amount allocated. Letters advising harbours of the funding being allocated for 2011 will issue shortly. Policy in relation to the future operation of regional harbours is to transfer responsibility for them to local authorities with the objectives of strengthening governance arrangements and to enable them to better achieve their potential in social and economic terms. The new Government is strongly committed to widening the remit of local authorities.

Public Service Vehicles

Dara Murphy

Question:

146 Deputy Dara Murphy asked the Minister for Transport, Tourism and Sport the action he will take regarding bikes and carriages operating on the streets of cities and towns for reward payments; are these traders insured for public liability; are they vetted by the Garda; are they compliant in respect of VAT and with the Revenue Commissioners; and if he will make a statement on the matter. [6975/11]

I have no role in the day-to-day regulation of pedal bike passenger services or horse drawn jarvey systems. I understand some local authorities around the country have made by-laws relating to the control of horse drawn carriages. The relevant local authorities may be able to provide the detailed information sought by the Deputy. Tax and VAT compliance are matters for the Revenue Commissioners and I have no function in these areas.

Public Transport

Michael McGrath

Question:

147 Deputy Michael McGrath asked the Minister for Transport, Tourism and Sport his plans to provide a rapid transit public transport solution in Cork city; and if he will make a statement on the matter. [6978/11]

The issue of a rapid transit public transport system for Cork city and surrounding satellite towns was examined in the Cork Public Transport Feasibility Study, (renamed the Cork Area Transit System — CATS study), funded by my Department, which assessed a range of corridors in the Cork metropolitan area. One of the study's main findings was that only one corridor, a west-east corridor from Ballincollig to Mahon via the city centre, has the potential passenger flows of sufficient magnitude to justify a rapid transit public transport solution and is therefore the corridor recommended.

The National Transport Authority is currently examining the recommendations of the study, as requested by my Department, in consultation as necessary with other appropriate bodies with a view to assessing and prioritising future public transport options for the Cork region, having regard to the current difficult budgetary position. Some of the Cork study's recommendations are already being funded under the Regional Cities Bus Priority and Park and Ride Programme, administered by the authority, for which an overall allocation of €5.5 million has been provided in 2011 to the four regional cities of Cork, Galway, Limerick and Waterford. The Cork region has received €30.15 million under this programme since 2006. Cork City Council has been allocated €1.2 million in 2011, comprising €900,000 for the Ballincollig Green Route, and €300,000 for the Carrigrohane Park and Ride facility.

Light Rail Project

Thomas P. Broughan

Question:

148 Deputy Thomas P. Broughan asked the Minister for Transport, Tourism and Sport when the Luas Line B2 from Cherrywood to Bray will open; and if he will make a statement on the matter. [7000/11]

As Minister for Transport, I have responsibility for overall policy and funding in relation to the public transport element of Transport 21. Following the establishment of the National Transport Authority in December 2009, the implementation and development of infrastructure projects in the Greater Dublin Area, such as Luas Line B2, comes under the remit of the authority. The legislative basis for this is section 11(1)(e) of the Dublin Transport Authority Act 2008, which provides that “the principal functions of the Authority are to secure the provision of public transport infrastructure”. Noting this, I have referred the Deputy’s question to the authority for direct reply. I understand this project was originally envisaged as being substantially non-Exchequer funded, with levies being paid from supplementary development contribution schemes and other developer contributions. Given the changed economic environment, and the unlikely prospect of significant private development in the area in the immediate future, the Railway Procurement Agency has advised that it has informed the local authorities and local interests that the Railway Order is being deferred. I would point out that no funding was included for this project in the previous Government’s capital programme to 2014.

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