Finian McGrath
Question:21 Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs if he will ensure that humanitarian principles remain the cornerstone of the revised European Consensus on Humanitarian Aid in 2013. [12203/11]
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 20, inclusive, postponed.
Humanitarian Aid
Finian McGrath
Question:22 Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs if he will report on the way he is meeting his obligations under the European Consensus on Humanitarian Aid and works to implement the action plan. [12204/11]
I propose to take Questions Nos. 21 and 22 together.
The European Consensus on Humanitarian Aid, signed by the Council, European Parliament and European Commission in 2007, is the comprehensive policy framework governing the European Union's overall humanitarian aid response.
The Consensus outlines the common objectives, fundamental humanitarian principles of humanity, impartiality, neutrality and independence, and good practices that the European Union as a whole pursues in this domain. It covers the entire spectrum of humanitarian action, from preparedness and disaster risk reduction, to immediate emergency response and life-saving assistance to vulnerable people in crises, through to situations of transition and onwards to recovery and longer-term development.
In its recent mid-term review of the European Consensus and its accompanying Action Plan, the Commission confirmed good overall progress in the implementation of the Plan, noting, for example, that humanitarian aid has now become a fully-fledged policy area of the European Union, thanks to the new legal basis provided for it in the Lisbon Treaty. The mid-term review also highlighted improved efforts at coordination and advocacy as well as an ongoing effort to review funding approaches and adapt to growing humanitarian needs, not least due to the increase in the frequency and scale of natural disasters.
The review also noted that the EU, especially when acting together, is particularly well placed to ensure that its humanitarian response is appropriate, effective and based on assessed needs, and can play a useful role in influencing the preparedness of the international humanitarian system as a whole. When taken together, the EU (including both the European Commission and the 27 Member States) represents the largest single provider of humanitarian aid in the world, having provided nearly half of all such assistance in the past three and a half years.
Ireland is working actively to implement its obligations under the Humanitarian Consensus and in relation to the core humanitarian principles, which are enshrined in Irish Aid's own humanitarian relief policy. During its recent co-chairmanship of the Good Humanitarian Donorship (GHD) initiative, Ireland worked to promote donor compliance with these principles. We will continue to ensure that these remain the cornerstone of the planned revised Humanitarian Aid Regulation and any eventual successor to the current European Consensus.
In addition, Ireland, along with a number of other EU member states, has led the way in the development of innovative funding approaches, with many providing the largest share of contributions to common funds such as the UN's Central Emergency Response Fund (CERF), which provides quick and flexible funding for UN agencies as and when they occur. Ireland is the sixth largest contributor to the CERF, having provided €81 million since 2006.
Ireland also continues to pay specific attention to so-called "forgotten crises", such as those in the Central African Republic, and the Democratic Republic of Congo, which receive little media or international donor attention.
While much has already been achieved, Ireland and the EU more generally are committed to further joint efforts on aid effectiveness, including through greater burden-sharing and better coordination, coherence. We will also work to ensure consistency between EU humanitarian aid and other policies, as well as a strengthened EU contribution to the international humanitarian system through stronger advocacy for the protection of humanitarian space, including the promotion of international humanitarian law.
International Agreements
Finian McGrath
Question:23 Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs if he will formally adopt the national action plan on UN Security Council Resolution 1325 on women, peace and security as submitted by the consultative group. [12107/11]
As the Deputy will be aware, United Nations Security Council Resolution 1325 on women, peace and security calls for an increase in the participation of women in peacemaking and peace building processes; the protection of women and girls in armed conflict; and the incorporation of a gender perspective into peacekeeping and peace building processes. Since February 2010, an extensive consultation process, led by my Department, on a draft National Action Plan for implementation of this Resolution has taken place between representatives of various Government Departments, the Defence Forces, An Garda Síochána, civil society and academia. The final phase of consultation with the Consultative Group which had been established ended on 18 February this year.
At a meeting which I had on 16 May with representatives of the Consultative Group, I assured the Group of my commitment to ensuring that Ireland's National Action Plan on UNSCR 1325 is sent to Government for adoption as a matter of priority. This commitment was welcomed by the representatives of the Group. We agreed to move ahead with finalising the draft over the coming weeks.
Emigrant Support Services
Charlie McConalogue
Question:24 Deputy Charlie McConalogue asked the Tánaiste and Minister for Foreign Affairs the position regarding the undocumented Irish in the United States of America; and if he will make a statement on the matter. [12112/11]
Charlie McConalogue
Question:25 Deputy Charlie McConalogue asked the Tánaiste and Minister for Foreign Affairs the discussions he has had to date regarding the undocumented Irish in the United States of America; and if he will make a statement on the matter. [12113/11]
Charlie McConalogue
Question:26 Deputy Charlie McConalogue asked the Tánaiste and Minister for Foreign Affairs if he will be raising the issue of the undocumented Irish in the United States of America during the forthcoming visit of President Obama to Ireland; and if he will make a statement on the matter. [12114/11]
I propose to take Questions Nos. 24 to 26, inclusive, together.
Addressing the situation of the undocumented Irish and reforming our migration arrangements with the United States are important priorities for the Government in its relationship with the US Administration and Congress.
I am encouraged by President Obama's continued commitment to addressing the question of immigration reform. Speaking as recently as 10 May, the President, in an address dedicated to the issue of immigration, reiterated his call for comprehensive reform of the system, and particularly called for the passage of the DREAM Act. Under the DREAM Act qualifying undocumented young people seeking to go to college or join the US military, and who were brought illegally to the US as children, would be eligible to seek regularisation of their status. The re-introduction of the DREAM Act to Congress on 11 May is a welcome development and can be seen as an initial step in the process.
I am very aware of the difficult situation facing those who are undocumented and living in the USA, as well as the distress caused to families in both Ireland and the US. The most realistic long term solution for our undocumented citizens remains through comprehensive immigration reform.
The inclusion of Ireland in an amended reciprocal E3 visa scheme, which would allow Irish people with a certain level of education to work in the US on a two year renewable visa, is the most effective way of creating new opportunities for Irish citizens in the USA. The introduction of such a scheme, which has attracted support from a number of members of Congress from both parties, will require the passage of legislation in Congress.
The successful passage of E3 visa legislation would strengthen the human bridge between the two countries, which underpins our excellent existing bilateral relations, and provide a mechanism for Irish nationals seeking to work in the USA in the future. It is the case, however, that the E3 would not provide a solution to the undocumented Irish in the US.
I discussed the issue of Irish immigration with Secretary of State Clinton during our meeting on 18 March and with the Irish Lobby for Immigration Reform and the Coalition of Irish Centres in New York on 16 March. The Taoiseach raised the issue of the undocumented and the potential for the continued development of Ireland's migration arrangements with the US with President Obama during his St Patrick's Day visit to Washington. The Taoiseach also met with the Irish Lobby for Immigration Reform on 5 May during his recent visit to New York.
I am very aware of the enormous political challenges that face efforts to pass any immigration related legislations at the current time, including the E3 proposal. These difficulties were clearly demonstrated by the failure of efforts to pass the limited DREAM Bill at the end of 2010- a measure that had enjoyed strong public and political support.
The Taoiseach and I will meet with President Obama during the course of his visit to Ireland next week and I expect that immigration related issues will be raised in the course of that meeting.
My Department, and the Embassy in Washington in particular, will continue to work very actively on the issue with the US Administration, Congressional leaders and Irish immigration reform advocates.
Passport Applications
Éamon Ó Cuív
Question:27 Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Foreign Affairs when passports will issue to persons (details supplied) in view of the fact that applications have been lodged since 1 March 2011; and if he will make a statement on the matter. [12136/11]
The applications for the two persons concerned were submitted through the ordinary post, a service which receives a lesser priority in processing terms than those submitted through the Passport Express service and does not have a guaranteed turnaround time. At present passports submitted through the ordinary service are taking between 6 and 10 weeks to process, unless these passports are required for urgent travel. It should also be noted that during the peak summer period, application processing times can lengthen for all passport applications. The Passport Service recommends that all citizens use the Passport Express service when applying for a passport as priority is given to applications submitted through this channel.
I can confirm that passports for the two persons in question issued on 16 May 2011. The Passport Service regrets the delay in this case.
Joe Costello
Question:28 Deputy Joe Costello asked the Tánaiste and Minister for Foreign Affairs if he will ensure that citizens can acquire passports within a reasonable timeframe; and if he will make a statement on the matter. [12174/11]
The Passport Service is experiencing a surge in demand for passports, unprecedented in volume and timing, apparently fuelled by families taking foreign holidays earlier in the year. The situation is further complicated by the number of applicants who are calling to the counter seeking the urgent renewal of their passports in order to enable them to travel on last-minute bookings. The Passport Service regrets the delay and any difficulties caused in this regard. Additional temporary staff have been recruited and are in training. Within a short period, seasonal overtime and the additional output provided by temporary staff will bring processing times back to normal levels.
The public can also assist the Passport Service by checking the validity of their passports before making bookings to travel abroad. We would urge that a valid passport be the first item on any check list when considering foreign travel, whereas all too often it appears to be the last.
Pension Provisions
Finian McGrath
Question:29 Deputy Finian McGrath asked the Minister for Finance his views on a matter (details supplied) regarding a pension. [12162/11]
The details supplied with the Deputy's question concern various differences between the retirement benefits payable under Defined Benefit pension scheme arrangements in the private sector and the public sector. I cannot comment on the specific examples given in the details. I would point out, in the first instance, that the maximum benefits payable under an occupational pension scheme to an individual retiring at normal retirement age whether in the private or public sector is a pension not exceeding two-thirds of the individual's final remuneration.
In the case of employees who are members of private sector defined benefit occupational pension schemes, pension benefits generally accrue at a basic maximum accrual rate of 1/60th of final remuneration for each year’s service up to 40 years which equates to the maximum pension of two-thirds of final remuneration. Private sector schemes almost always give members the right to commute i.e. exchange, part of their pension entitlement for a retirement lump sum up to a maximum of 1.5 times final salary.
Public sector defined benefit schemes on the other hand are, in general, structured so as to offer an accrual rate of 1/80th of final remuneration for each year of service, giving rise to a pension entitlement of 40/80ths or half of final salary. As regards the retirement lump sum, public sector schemes do not provide for the commutation option available in private sector schemes. Instead, such schemes provide for a separate retirement gratuity of up to 1.5 times final remuneration after 40 years service accrued at a rate of 3/80ths of final remuneration for each year of service up to 40 years. The public sector pension of half final salary plus the lump sum of 1.5 times final salary is taken to equate to the maximum pension of two-thirds final salary allowed by the legislation.
In both the private and public sectors, the tax-free lump sum paid from a defined benefit scheme cannot exceed a lifetime limit of €200,000 and the pension paid from the scheme is subject to tax at the individual's marginal rate.
In addition, in order to close off excessive tax-relieved funding for pensions, a maximum allowable pension fund for tax purposes (the Standard Fund Threshold or SFT) was introduced in 2005 at the level of €5 million. This is a lifetime limit with punitive tax on amounts drawn down in pension benefits in excess of that sum. The SFT was substantially reduced in the last Budget and Finance Act to €2.3 million.
Finian McGrath
Question:30 Deputy Finian McGrath asked the Minister for Finance the position regarding a pension in respect of a person (details supplied) in Dublin 5. [12163/11]
I assume the Deputy is referring to the temporary 0.6% stamp duty levy on pension scheme assets which I announced in this House last week as part of the Jobs Initiative. If the individual's private pension is paid from an occupational pension scheme by way of an annuity i.e. a stream of income purchased by the trustees of a pension scheme in the name of the individual from a life company at the point of the scheme member's retirement, then the levy should not impact on the person mentioned in the details supplied, as an annuity is not a pension fund. However, the details supplied with the question are not sufficient to allow me to be definitive on this point.
The chargeable persons for the purpose of the pension fund levy will be the scheme administrators, that is the trustees or other persons having the management of the assets of the pension schemes or plans. Where pension scheme assets are held in the form of contracts of assurance with life offices, the insurer will be the chargeable person. It will be up to those trustees and administrators to decide whether and how the levy should be passed on and who should be impacted and to what extent, given the particular circumstances of the pension schemes or pension plans for which they are responsible. In that regard, and as already indicated since the announcement of the levy, legislative provision is being made to allow pension scheme trustees or administrators the option to adjust the benefits payable under pension schemes or plans.
Finance (No. 2) Bill 2011 is being published today and contains, among other things, the provisions which will give effect to the pension fund levy.
Tax Reliefs
Joanna Tuffy
Question:31 Deputy Joanna Tuffy asked the Minister for Finance the amount of tax foregone to the State in tax reliefs given to those who put moneys into the private pension funds which are to be the subject of a levy to fund the jobs initiative, for the years 2000 to 2010, inclusive, in tabular form; and if he will make a statement on the matter. [12217/11]
The following tables provide a breakdown of the estimated cost of tax and PRSI reliefs relating to private pension contributions for 2006, 2007 and 2008, the latest year for which the most up-to-date data is available together with estimates of the notional or imputed cost of the tax exemption for the investment income and gains of approved superannuation funds. Corresponding estimates of the cost of tax reliefs are also provided for 2005 to the extent that it has been possible to provide them on a consistent and comparable basis. Figures have been rounded where appropriate. As similar data sources would not be available for the years prior to 2005, it is not possible to provide costings on a similar basis for those years.
I am advised by the Revenue Commissioners that while corresponding updates of the cost figures are not yet available for the tax year 2009 the necessary work of assembling the basic data to enable this to be done is ongoing. No data are available for 2010.
It should also be noted that while the Deputy has asked for data in relation to pension funds to which the pension levy announced in the recent Jobs Initiative would apply, the estimates of the costs of relief on employee pension contributions cover such contributions made by public servants whose pension schemes are largely unfunded as well as private sector employees. It would not be possible to provide a breakdown of those cost estimates as between the public and private sector.
Finally, it should be borne in mind that the information imparted by the costing of tax and other reliefs in the pensions area is inherently limited. It may suggest a significant notional loss in terms of tax foregone as compared with the savings that might be expected if the tax relief was not available. However, where tax relief arrangements are of such significance, as in this instance, the removal of the reliefs would represent a fundamental adjustment to the current balance of the tax system and would have very significant implications in terms, among other things, of the economic and behavioural impacts which would ensue. These impacts would be difficult to model in advance. For these reasons, the real informational content of the costings of tax reliefs is limited and should be treated with some caution.
|
Estimated costs |
Numbers* |
|
|
€ million |
||
|
Employees’ Contributions to approved Superannuation Schemes |
423 |
565,200 |
|
Employers’ Contributions to approved Superannuation Schemes |
90 |
296,500** |
|
Estimated cost of exemption of employers’ contributions from employee BIK |
370 |
296,500 |
|
Retirement Annuity Contracts (RACs) |
358 |
121,200 |
|
Personal Retirement Savings Accounts (PRSAs) |
42 |
32,900 |
|
Estimated cost of PRSI and Health Levy relief on employee contributions |
Not available |
Not available |
|
Exemption of investment income and gains of approved Superannuation Funds |
1,050 |
*Numbers as included in P35 returns from employers to Revenue for 2005.
**Numbers of employees for whom employers are contributing to occupational pension funds as included in P35 returns to Revenue for 2005.
|
Estimated costs |
Numbers* |
|
|
€ million |
||
|
Employees’ Contributions to approved Superannuation Schemes |
540 |
693,100 |
|
Employers’ Contributions to approved Superannuation Schemes |
120 |
363,100** |
|
Estimated cost of exemption of employers’ contributions from employee BIK |
510 |
363,100 |
|
Retirement Annuity Contracts (RACs) |
435 |
125,900 |
|
Personal Retirement Savings Accounts (PRSAs) |
55 |
45,200 |
|
Estimated cost of PRSI and Health Levy relief on employee contributions |
220 |
Not available |
|
Exemption of investment income and gains of approved Superannuation Funds |
1,200 |
*Numbers as included in P35 returns from employers to Revenue for 2006.
**Numbers of employees for whom employers are contributing to occupational pension funds as included in P35 returns to Revenue for 2006.
|
Estimated costs |
Numbers* |
|
|
€ million |
||
|
Employees’ Contributions to approved Superannuation Schemes |
590 |
708,500 |
|
Employers’ Contributions to approved Superannuation Schemes |
150 |
364,700 ** |
|
Estimated cost of exemption of employers’ contributions from employee BIK |
540 |
364,700 |
|
Retirement Annuity Contracts (RACs) |
408 |
121,300 |
|
Personal Retirement Savings Accounts (PRSAs) |
61 |
46,600 |
|
Estimated cost of PRSI and Health Levy relief on employee contributions |
240 |
Not available |
|
Exemption of investment income and gains of approved Superannuation Funds |
900 |
*Numbers as included in P35 returns from employers to Revenue for 2007.
**Numbers of employees for whom employers are contributing to occupational pension funds as included in P35 returns to Revenue for 2007.
|
Estimated costs |
Numbers* |
|
|
€ million |
||
|
Employees’ Contributions to approved Superannuation Schemes |
655 |
792,600 |
|
Employers’ Contributions to approved Superannuation Schemes |
165 |
362,700** |
|
Estimated cost of exemption of employers’ contributions from employee BIK |
595 |
362,700 |
|
Retirement Annuity Contracts (RACs) |
353 |
116,000 |
|
Personal Retirement Savings Accounts (PRSAs) |
74 |
53,900 |
|
Estimated cost of PRSI and Health Levy relief on employee contributions |
255 |
Not available |
|
Exemption of investment income and gains of approved Superannuation Funds |
685 |
*Numbers as included in P35 returns from employers to Revenue for 2008. Figures are as verified to date but may be subject to revision.
**Numbers of employees for whom employers are contributing to occupational pension funds as included in P35 returns to Revenue for 2008. Figures are as verified to date but may be subject to revision.
Tax Collection
Bernard J. Durkan
Question:32 Deputy Bernard J. Durkan asked the Minister for Finance the extent to which any outstanding tax issues in the case of a person (details supplied) in County Kildare have been finalised to the satisfaction of Revenue with particular reference to his need to obtain employment without any ongoing tax issues; and if he will make a statement on the matter. [12253/11]
I have been advised by the Revenue Commissioners that the last return of income submitted was for the year 2005 and the last VAT return submitted was for the period November/December 2006. The person concerned should submit all outstanding returns in order for his tax affairs to be up to date. In this respect he may contact Ms Bernie Brophy, Kildare Revenue District, The Plaza, Tallaght, Dublin 24.
Tax Code
Bernard J. Durkan
Question:33 Deputy Bernard J. Durkan asked the Minister for Finance the circumstances whereby a person (details supplied) in County Kildare was led to believe they could expect a tax refund under C45 in the region of €22,000 which was subsequently reviewed on audit; if other audits resulted in a similar reduction of expectation; if the case will therefore be further reviewed in an effort to realise the reduction in line with original indications; and if he will make a statement on the matter. [12254/11]
I have been advised by the Revenue Commissioners that the tax refund in question was reduced following a Revenue audit when deductions incorrectly claimed were identified and withdrawn. Statistics on other similar cases are not readily available. However, inevitably where Revenue detects incorrect claims for deductions, it will seek to recover the tax loss through collection or restriction of repayment, which is what I would expect.
Revenue presented settlement proposals to the taxpayer through his agent in this case on 7 September 2010.
Schools Refurbishment
Dara Calleary
Question:34 Deputy Dara Calleary asked the Minister for Education and Skills the reason a school (details supplied) is not receiving funding. [12121/11]
I can confirm that the school referred to by the Deputy applied for funding under the 2011 Summer Works Scheme.
A list of 453 successful schools was announced on 30 March 2011. Applications from schools for gas, mechanical and electrical works were prioritised under the Summer Works Scheme funding this year and I regret that the application made by the school in question was not selected. A letter to this effect has issued to the school.
While further funding has been made available for school projects under the Government's Jobs Initiative, I regret that the application referred to above was also unsuccessful under the Initiative as it was necessary to prioritise some categories of works over others.
School Transport
Pádraig Mac Lochlainn
Question:35 Deputy Pádraig Mac Lochlainn asked the Minister for Education and Skills if his attention has been drawn to the financial implications for families of the introduction of charges for school transport; and if he will consider reviewing same. [12122/11]
The changes to school transport services were announced in the 2011 Budget by the previous Fianna Fáil-Green Party Government and derive from a recommendation in the Value for Money Review of the scheme.
This review identified that, in 2008, the unit cost per primary pupil for the provision of school transport (excluding special needs pupils) was €1,020.
From the beginning of the 2011/12 school year a €50 charge, which applies to eligible primary pupils, is being introduced to ensure that school transport services are fully utilised in a cost efficient manner. Eligible pupils holding medical cards and pupils with special educational needs will be exempt from paying the charge. In addition, the maximum family charge at primary level for eligible pupils will be €110 per annum. Parents will have the option of spreading the annual payments over two instalments in July and December.
Given the major financial constraints facing the country, I regret that I cannot reverse the changes to school transport as announced by the previous Government. We all have to understand the legacy of economic mismanagement which the last Government gave to the country.
School Management
Dominic Hannigan
Question:36 Deputy Dominic Hannigan asked the Minister for Education and Skills his policy regarding parents signing written consent that allows teachers, special needs assistants, language resource teachers or staff employed at the school to administer medicine to their pupils during the school day; if there are different policies for different types of schools; if the principal has discretion at an individual school level to set policy on the issue; and if he will make a statement on the matter. [12142/11]
Under the provisions of the Education Act 1998 the Board of Management is the body charged with the direct governance of a school.
It is important that the school management authority requests parents to ensure that the school is made aware of any medical condition suffered by any pupil attending. Where the school is aware of potential difficulties that may arise as a consequence of a medical condition suffered by one or more pupils, it may be possible for the management authorities, working in conjunction with the parents, teachers and children, to put preventative measures in place to lessen the possibility of any difficulties arising or to ensure that, if a pupil suffers from an illness requiring medication, that appropriate treatment is available.
As the Deputy may be aware, the administration of medicines in primary schools is the subject of an agreement between the Irish National Teachers Organisation and the organisations representing school management at primary level. While this agreement specifies that no teacher can be required to administer medicine or drugs to pupils, it also sets out procedures that must be followed where a teacher or teachers agree to do so. The position is that either the parents of the child should make themselves available to administer medication as required or where they wish the staff in the school to administer it they should indemnify the school.
It is my Department's experience that once the matter has been discussed in detail with the Board of Management and teachers of a school, and once all parties are clear as to the procedures to be followed, arrangements can normally be made to administer the type of medicine which may be required.
Special Educational Needs
Michael Healy-Rae
Question:37 Deputy Michael Healy-Rae asked the Minister for Education and Skills the position regarding special needs assistance in respect of persons (details supplied) in County Kerry; and if he will make a statement on the matter. [12152/11]
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 SNAs to schools to support children with special educational needs. The NCSE operates within my Department's criteria in allocating such support. This now includes a requirement for the NCSE to have regard to an overall cap on the number of SNA posts.
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 Special Needs Assistant support to eligible schools.
The NCSE asked schools to submit all applications for SNA support to them by 18th March, 2011 and intend to inform schools of their annual SNA allocation as soon as possible, in advance of the coming school year.
State Examinations
Billy Kelleher
Question:38 Deputy Billy Kelleher asked the Minister for Education and Skills if he will overturn the decision to refuse reasonable accommodations in respect of a person (details supplied) as a matter of urgency for the upcoming State examinations. [12165/11]
The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations including organising the holding of examinations, determining procedures in places where examinations are conducted including the supervision of examinations and making arrangements for the marking of work presented for examination.
In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.
I wish to inform the Deputy that in all cases where a school/parent or student is dissatisfied with any aspect of the SEC's decision in relation to an application for reasonable accommodations, they have access to an Independent Appeals Committee. All members of the Appeals Committee are drawn from outside the SEC. The remit of the Appeals Committee covers appeals against all elements of a decision taken by the SEC. All appeals are considered in light of the published principles.
Vocational Education Committees
Brendan Griffin
Question:39 Deputy Brendan Griffin asked the Minister for Education and Skills if Kerry Education Service will remain a standalone entity and that it will not be amalgamated with Limerick City and County Vocational Educational Committee; and if he will make a statement on the matter. [12167/11]
The previous government decided to reduce the number of VECs from 33 to 16 and on the merger of particular counties. I am anxious to ensure that progress continues to be made in the work on bringing about a reduction in the number of VECs.
The IVEA has recently responded to my invitation to them to submit alternative rationalisation proposals, following their expression of concerns regarding the configuration of the proposed new entities.
I will consider the IVEA's response and decide on the particular mergers in the coming period having regard to the potential for savings and to ensuring that the new structures will be fit for purpose.
Institutes of Technology
Brendan Smith
Question:40 Deputy Brendan Smith asked the Minister for Education and Skills when the report will be finalised in relation to expenditure issues at Waterford Institute of Technology; and if he will make a statement on the matter. [12178/11]
I am aware of recent steps taken by the Governing Body of Waterford Institute of Technology to commission an external review of spending incurred by the President's office at the institute. I understand that this has been considered at a recent meeting of the institute's Governing Body. The Higher Education Authority has now sought a report from the institute on the issues that gave rise to the decision to commission an external review and of any issues arising from the external review. That report, which it is expected will be submitted to the HEA in the near future, will be expected to address details of expenditure over the period in question, whether any departures from appropriate policies and processes in place to monitor and control expenditure have occurred and any actions proposed by the Governing Body in light of its findings.
Employment Support Services
John O'Mahony
Question:41 Deputy John O’Mahony asked the Minister for Education and Skills following the announcement of the jobs initiative, when will information be made available on training places and internships; the office from which this information can be obtained; and if he will make a statement on the matter. [12181/11]
The recent Jobs Initiative contains details of over 20,000 additional training, education and work experience places for the unemployed. The majority of the places (15,900) will be delivered through the Department of Education and Skills through the following programmes:
6,000 places on FÁS Specific Skills Training Courses (FÁS);
3,000 places on the Back to Education Initiative (BTEI);
1,000 places on Post Leaving Certificate Courses (PLC);
5,900 places on the Springboard Initiative (HE).
FÁS Specific Skills Training — Specific Skills Training provides a wide range of training courses specific to particular industries. These courses allow job seekers or job changers the opportunity to acquire specific job related skills and formal vocational qualifications to facilitate re-entry to the workforce.
Courses available under Specific Skills Training include engineering, information technology, office and administration, sales, marketing, management, construction, electronics and clothing.
The courses lead to FETAC Major Awards at levels 4, 5 and 6 on the National Framework of Qualifications and/or industry recognised certification. These courses range in length from 4 weeks to 26 weeks and interested participants should contact their local FÁS office or visit the FÁS website www.FÁS.ie.
Back to Education and Post Leaving Certificate Courses: The BTEI provides a range of part-time flexible further education options, mainly at Levels 1-4 on the National Framework of Qualifications (NFQ). The BTEI is free for any adult over 16 years of age with less than upper second level options, including the unemployed.
PLC courses are for school leavers and adults returning to education who wish to upskill and improve their employability in order to enter or re-enter the labour market. PLC courses are full-time and of one year's duration, mainly at Levels 5 and 6 of the NFQ.
Unemployed people can participate in BTEI courses without affecting their welfare entitlements because they are part-time. Unemployed people who wish to participate in PLC courses may be eligible for the Back to Education Allowance (BTEA), paid in lieu of their Social Welfare payment. The terms and conditions of the BTEA are a matter for the Department of Social Protection.
My Department has written to providers (mainly Vocational Education Committees, VECs) to invite applications for the delivery of the additional BTEI and PLC places, to be prioritised for the unemployed. These applications will be considered in the coming period and the places will be available from September of this year.
3rd level Springboard Programme: Springboard is the new higher education Fund which is being rolled out for the first time in 2011. The intention to establish a new higher education labour market Fund was announced in December 2010, with proposed funding of €5m in 2011. On the basis of recommendations from an independent expert selection panel received in April 2011, the Government decided as part of the Jobs Initiative to support the delivery of a further 2,400 part time places through Springboard which will now deliver 5,900 part-time higher education places with total funding of €7.8m in 2011. These places will be on courses in areas of current and future skills needs as identified by the Expert Group on Future Skills Needs. Programmes will be available at all higher education levels from certificate to masters degree level (levels 6-9 on NQF) enabling unemployed people with differing levels of qualifications, including Leaving Certificate, PLC or degree level qualifications to participate. Full details of the Springboard programmes will be published on 25 May 2011.
Internship Programme — The Internship Programme announced in the Jobs Initiative, is under the remit of the Department of Social Protection.
Schools Amalgamation
Michael McCarthy
Question:42 Deputy Michael McCarthy asked the Minister for Education and Skills if he will provide a progress report on the proposed amalgamation of primary schools (details supplied); if he will furnish a timescale detailing in particular when the project is expected to be completed; and if he will make a statement on the matter. [12183/11]
The two schools to which the Deputy refers have proposed to amalgamate. A site visit was carried out to determine if either school would be suitable to host the amalgamated school and one of the schools was deemed to be suitable. In 2010 the Department approved a devolved grant to provide an extension of four classrooms to facilitate the amalgamation.
In March the school Patron advised the Department that they are seeking additional funding in order to complete the project and to meet with planning requirements. The request is under consideration and a response will issue to the school authorities in due course.
Employment Support Services
Brendan Smith
Question:43 Deputy Brendan Smith asked the Minister for Education and Skills the total number of training places being provided by him prior to the announcement of the jobs initiative of 10 May and the number of training places that will be provided by him following the announcement. [12194/11]
Prior to the announcement of the Jobs Initiative the Department of Education and Skills was funding in 2011 the provision of 108,500 Training places for the unemployed, 168,000 Further Education places and 156,000 Higher Education places.
The recent Jobs Initiative contains details of over 20,000 additional training, education and work experience places for the unemployed. The majority of the places (15,900) will be delivered through the Department of Education and Skills through the following programmes:
6,000 places on FÁS Specific Skills Training Courses (FÁS);
3,000 places on the Back to Education Initiative (FE);
1,000 places on Post Leaving Certificate Courses (FE);
5,900 places on the Springboard Initiative (HE);
A new Internship Programme will be developed by the Department of Social Protection for up to 5,000 interns.
The additional places announced in the Jobs Initiative bring total Training places available for the unemployed this year to 114,500. It also brings places which the unemployed may access in the Further Education sector to 172,000 and in the Higher Education sector to 161,900.
|
Programme |
Pre Jobs Initiative Participants |
Additional Places |
Post Jobs Initiative Participants |
|
Training |
|||
|
FÁS |
90,000 |
6,000 |
96,000 |
|
Skillnets |
8,000 |
— |
8,000 |
|
Labour Market Activation Fund (2010-11) |
10,500 |
— |
10,500 |
|
Subtotal Training |
108,500 |
6,000 |
114,500 |
|
Further Education — VECs |
|||
|
Part Time programmes including Back to Education Initiative |
127,000 |
3,000 |
130,000 |
|
Vocational Training Opportunities Scheme (VTOS) |
5,000 |
— |
5,000 |
|
Post Leaving Certificate (funded places) |
31,688 |
1,000 |
32,688 |
|
Youthreach |
3,692 |
— |
3,692 |
|
Senior Traveller Training Centre |
684 |
— |
684 |
|
Subtotal Further Education |
168,064 |
4,000 |
172,064 |
|
Higher Education |
156,000 |
5,900 |
161,900 |
|
Total |
15,900 |
||
|
Internship Programme (DSP) |
5,000 |
Brendan Smith
Question:44 Deputy Brendan Smith asked the Minister for Education and Skills if the 15,900 training places announced under the jobs initiative of 10 May 2011 are in addition to the 7,500 places under the work placement programme, the 5,000 places under the skills development and internship programme, the 1,000 places under the redundant apprentice placement scheme and the 700 places in the institutes of technology for redundant apprentices and crafts persons announced by the former Minister in December 2010. [12195/11]
The recent Jobs Initiative contains details of over 20,000 additional training, education and work experience places for the unemployed. The majority of the places (15,900) will be delivered through the Department of Education and Skills through the following programmes:
6,000 places on FÁS Specific Skills Training Courses (FÁS);
3,000 places on the Back to Education Initiative (BTEI);
1,000 places on Post Leaving Certificate Courses (PLC);
5,900 places on the Springboard Initiative (HE).
These 15,900 places are in addition to the 7,500 places under the Work Placement Programme, the 1,000 places under the redundant apprentice placement scheme and the 700 places in the Institutes of Technology for redundant apprentices and crafts persons announced in December 2010.
The Internship Programme announced in the Jobs Initiative will replace the Skills Development and Internship Programme which was announced in December 2010.
The Work Placement Programme and the Internship Programme are now under the remit of the Department of Social Protection.
Brendan Smith
Question:45 Deputy Brendan Smith asked the Minister for Education and Skills if he will provide further details of the higher education springboard programme announced as part of the jobs initiative. [12196/11]
Brendan Smith
Question:46 Deputy Brendan Smith asked the Minister for Education and Skills if the €20 million multi-annual higher education labour market fund announced by the former Minister in December 2010 is still in operation. [12197/11]
I propose to take Questions Nos. 45 and 46 together.
Springboard is the new higher education Fund which is being rolled out for the first time in 2011. The intention to establish a new higher education labour market Fund was announced in December 2010, with proposed funding of €5m in 2011. On the basis of recommendations from an independent expert selection panel received in April 2011, the Government decided as part of the Jobs Initiative to support the delivery of a further 2,400 part-time places through Springboard which will now deliver 5,900 part-time higher education places with total funding of €7.8m in 2011. These places will be on courses in areas of current and future skills needs as identified by the Expert Group on Future Skills Needs. Programmes will be available at all higher education levels from certificate to masters degree level (levels 6-9 on NQF) enabling unemployed people with differing levels of qualifications, including Leaving Certificate, PLC or degree level qualifications to participate. Full details of the Springboard programmes will be published on 25 May 2011.
FÁS Training Programmes
Brendan Smith
Question:47 Deputy Brendan Smith asked the Minister for Education and Skills if the expanded redundant apprentice placement scheme announced by the former Minister in December 2010 is still in operation. [12198/11]
The ‘Redundant Apprentice Placement Scheme' was introduced by FÁS in 2010 to provide work placement opportunities for redundant apprentices to complete their on-the-job training at Phase 3, 5 and 7. The scheme has been broadened in 2011 to include placements with employers in both the private and the public sectors. The scheme, for which €7.3m in funding is being provided, aims to provide work placements for up to 1,000 apprentices in 2011.
Under the 2010 scheme, the employment costs of the redundant apprentice, which were in line with industry wage norms, were paid by the employer with FÁS contributing a weekly subsidy of €250. A total of 443 redundant apprentices availed of this measure in 2010.
Employers in the private sector and, for the first time, the public sector, may participate in the 2011 scheme provided they meet the eligibility criteria. The 2011 scheme requires no wage contribution from the employer but instead a standard training allowance of €260 at Phase 3, €350 at Phase 5 and €400 at Phase 7 is paid to the redundant apprentice by FÁS. Eligible redundant apprentices are referred by FÁS to approved employers to participate in the scheme. The maximum period of placement is 26 weeks at Phase 3 or 26 weeks at Phase 5 or 12 weeks at Phase 7.
The ‘Redundant Apprentice Placement Scheme' scheme was developed by FÁS based on discussions with representatives of trade unions and employers represented on the National Apprenticeship Advisory Committee. FÁS also held discussions with representatives of local authorities, the OPW, ESB Networks and other organisations in the development and implementation of the scheme.
As at 6 May 2011, 694 redundant apprentices were participating in the scheme.
Brendan Smith
Question:48 Deputy Brendan Smith asked the Minister for Education and Skills the cost per place of each training place announced under the jobs initiative of 10 May 2011; and the cost per place of each training place announced by the former Minister in December 2010. [12201/11]
The recent Jobs Initiative contains details of over 20,000 additional training, education and work experience places for the unemployed. The majority of the places (15,900) will be delivered through the Department of Education and Skills through the following programmes:
6,000 places on FÁS Specific Skills Training Courses;
3,000 places on the Back to Education Initiative BTEI;
1,000 places on Post Leaving Certificate Courses PLC;
5,900 places on the Springboard Initiative.
In 2011, my Department is funding the additional education and training places set out below from within existing resources:
5,000 FÁS Specific Skills Training places — funded by savings within the FÁS budget;
3,000 Further Education Back to Education Initiative places — funded by a redeployment of €3m of EGF funds;
3,500 Higher Education Springboard places as provided for in the Department's 2011 allocation.
In 2011 my Department will receive an additional €8.3 million to fund the additional education and training places set out below:
€3.5m for 1,000 FÁS Specific Skills places;
€2.0m for 1,000 PLC places;
€2.8m for the 2,400 Higher Education Springboard places.
The average cost per place for 1,000 FÁS Specific Skills places is €3,500. The average full year cost of 1,000 approved PLC place is €6 million. This does not include the provision for the Back to Education Allowance for qualifying unemployed participants. There is no standard cost per place for Springboard, however the average cost per place overall is €3,400. The Skills Development and Internship Programme announced in Budget 2011 aimed to provide up to 5,000 places to unemployed people who are at least 3 months unemployed with a 12 month internship in an organisation. The Department of Social Protection is now responsible for this Programme. Minister Burton announced details of a New National Internship Scheme in the Jobs Initiative which will replace the Skills Development and Internship.
The Work Placement Programme is providing an additional 5,500 places for the unemployed in 2011. 5,000 of the additional places will be provided in the public sector, with a further 500 additional places for graduates in the private sector. This means that the Work Placement Programme has been expanded from 2,000 places to 7,500 places. The programme is voluntary and unpaid, participants on the programme may be able to retain their existing social welfare entitlements for the duration of their placement subject to the rules of the Department of Social Protection. Therefore this programme is cost neutral to the exchequer. Springboard is the new higher education Fund which is being rolled out for the first time in 2011. The intention to establish a new higher education labour market Fund was announced in December 2010, with proposed funding of €5m in 2011. On the basis of recommendations from an independent expert selection panel received in April 2011, the Government decided as part of the Jobs Initiative to support the delivery of a further 2,400 part time places through Springboard which will now deliver 5,900 part time higher education places with total funding of €7.8m in 2011. Programmes will be available at all higher education levels from certificate to masters degree level (levels 6-9 on NQF) enabling unemployed people with differing levels of qualifications, including Leaving Certificate, PLC or degree level qualifications to participate. Full details of the Springboard programmes will be published on 25 May 2011. The average cost per place overall is €3,400.
School Enrolments
Clare Daly
Question:49 Deputy Clare Daly asked the Minister for Education and Skills if he will eliminate the inconsistencies in school enrolment forms throughout the country by recommending such forms require the signature of both legal guardians who act jointly in accordance with section 6(1) of the Guardianship of Infants Act 1964. [12261/11]
Clare Daly
Question:50 Deputy Clare Daly asked the Minister for Education and Skills the steps he will take to ensure the children of separated parents have their right respected to have both parents act jointly on their behalf in cases when parental consent is required, in accordance with Articles 2.1 and 2.2 of the Convention on the Rights of the Child, and section 6(1) of the Guardianship of Infants Act. [12268/11]
I propose to take Questions Nos. 49 and 50 together.
The selection and enrolment of pupils in schools is the responsibility of the authorities of the individual school. Under section 15 (2) (d) of the Education Act 1998, each school is legally obliged to disclose its enrolment policy and to ensure that as regards that policy that principles of equality and the right of parents to send their children to a school of the parents choice are respected. Article 42 of the Constitution provides for the right of parents to choose the form of education they provide or to have provided to their children. Primary legislation gives effect to this right and includes the Education Act 1998 and the Education (Welfare) Act 2000.
None of the foregoing legislation specifically distinguishes between parents who act in concert and those who disagree and are separated, divorced or unmarried. However each provides that "parent" shall be interpreted to include-
"a foster parent, a guardian appointed under the Guardianship of Children Acts, 1964 to 1997, or other person acting in loco parentis who has a child in his or her care subject to any statutory power or order of a court and, in the case of a child who has been adopted under the Adoption Acts, 1952 to 1998, or, where the child has been adopted outside the State, means the adopter or adopters or the surviving adopter".
Enrolment of children is, in the first instance, a matter for Boards of Management rather than my Department and Boards must address the circumstances of each case while respecting any order made by the Court in relation to the custody and welfare of the child. In general, it is my Department's view that both parents should be encouraged to take an active interest in their children's education and it is to the benefit of the children and the school when they do. It is appreciated that practical difficulties for schools can arise where parents are separated. However, my Department's approach to the issue of the rights of separated parents to involvement in their children's education is that the rights of both parents should be respected and given meaningful, practical expression in matters such as school reports, attendance at parent/teacher meetings and other school functions and that generally both parents should receive the same information and level of co-operation from the school. A qualification to that approach would arise where the best interest of the child required a different approach.
Schools are best placed to exercise their own judgements as to what is appropriate in each individual case given their particular knowledge of the individual circumstances and having regard to any order made by the Court in relation to the custody and welfare of the child.
Industrial Development
Michael Healy-Rae
Question:51 Deputy Michael Healy-Rae asked the Minister for Enterprise, Trade and Innovation if he will provide the Industrial Development Agency with a sat-nav as perhaps then they could find County Kerry, go there and do something about creating some few jobs if possible, as County Kerry also is part of Ireland; and if he will make a statement on the matter. [12123/11]
There are 15 IDA supported companies in Kerry employing 1,313 people.
IDA Ireland continues to promote Kerry for new inward investment across the ICT, International Financial Services and Globally Traded Business sectors. In line with the National Spatial Strategy, the Agency concentrates its efforts on the linked hub locations of Killarney in South Kerry and Tralee in North Kerry.
In addition to attracting new foreign direct investment, IDA works closely with its existing clients in Kerry to encourage them to expand their operations in the county. The Agency also co-operates with educational institutions in the region in developing the skill sets necessary to attract high value-added investment, and with FÁS in developing the skill sets necessary for upskilling the existing workforce.
As part of its investment offering, IDA markets all available land and buildings in the county including the Agency's 12 acre Business & Technology Park at Tiernaboul, Killarney and the Kerry Technology Park in Tralee, which is owned and managed by Shannon Development in partnership with the Institute of Technology Tralee.
However, the challenge in achieving an even spread of investment across the country is intensified as the sophistication of investments increase. These investments require a concentration of highly qualified and educated workers, supporting infrastructure and high level business services. Frequently, competition for FDI comes from city regions with populations in excess of one million people. Dublin is the only recognised city region of scale in Ireland.
In selecting locations to show companies, IDA Ireland seeks to include locations which have been affected by closures/job losses. Typically, a company is shown three or four selected towns, which can meet its requirements for skills, labour, site and/or buildings, infrastructure, etc. While IDA Ireland seeks to influence the selection of location, the final decision on location is taken in all cases by the promoting company.
The Deputy will also note that the recent Jobs Initiative had a significant focus on Tourism. The VAT rate reduction and abolition of the Travel Tax will provide an important stimulus to tourism businesses in Kerry and around the country.
Job Protection
Anne Ferris
Question:52 Deputy Anne Ferris asked the Minister for Enterprise, Trade and Innovation if he will meet a delegation (details supplied) with regard to fears for job security resulting from the mooted selling of a company; and if he will make a statement on the matter. [12202/11]
Clare Daly
Question:54 Deputy Clare Daly asked the Minister for Enterprise, Trade and Innovation if he will meet an organisation (details supplied) to assist in addressing concerns about the future ownership of the retailer and the potential negative impact on jobs. [12259/11]
I propose to take Questions Nos. 52 and 54 together.
I will be meeting with the Mandate Trade Union shortly to discuss their concerns about the company in question.
Work Permits
Bernard J. Durkan
Question:53 Deputy Bernard J. Durkan asked the Minister for Enterprise, Trade and Innovation if he will review an application for a work permit in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [12255/11]
My Department processes applications in respect of the different types of employment permits (Green Cards Permits, Work Permits, Spousal/Dependant Permits and Intra-company Transfer Permits). All applications are processed in line with the Employment Permits Act 2006.
I wish to advise the Deputy that this particular renewal of a Spousal/Dependant application was refused on the 27th April 2011 on the grounds that it appeared from the information submitted that the main permit holder on which the spousal/dependant application in this case relies, is not currently in employment. A Spousal/Dependant new or renewal permit can only be considered where the main permit holder has a job and is currently working within the terms of their permit.
An appeal in respect of this decision was received in my Department on the 5th May 2011 and a decision on the case is expected on this appeal in the next 3-4 weeks.
More recently, in November 2010, this facility was extended also to the spouses/dependants of such persons. The individual in this case might wish to contact the Immigration Services of the Department of Justice and Law Reform in case it is possible that he may qualify under this scheme.
Question No. 54 answered with Question No. 52.
Employment Rights
Seán Kyne
Question:55 Deputy Seán Kyne asked the Minister for Enterprise, Trade and Innovation if his attention has been drawn to the backlog before the Employment Appeals Tribunal at which there now are delays of between 60 and 72 weeks for an appeal to be heard; and if he has a role in improving this timetable. [12281/11]
The Employment Appeals Tribunal (EAT) was originally established to adjudicate on disputes about redundancy, however, the scope of the Tribunal was extended on several occasions since its establishment and now deals with disputes under 18 pieces of Employment Rights legislation. Members of the EAT panel — employee nominee Members, employer nominee Members and independent Chair and Vice-Chairs — are appointed for fixed terms of office and their services are utilised as required. My Department is responsible for the administration of claims referred to the Tribunal through our provision of staffing resources, ICT facilities and accommodation for the EAT.
The Tribunal has seen a marked increase in its caseload in recent years, as it is one of the front-line services directly impacted upon by the significant economic downturn. Between 2007 and 2009, the number of claims coming to the Tribunal trebled, although there was a slight (7%) decrease in new claims lodged in 2010. However, the first quarter of 2011 continues to show a high level of claims being submitted and contested.
Tribunal Staff are conscious that parties in dispute are anxious to have claims dealt with as early as possible and are working extremely hard to deal with the sizeable increase in claims submitted to the EAT. In that regard, there has been a large increase in the number of claims disposed of by the Tribunal in recent years. These efforts have resulted in a 51% increase in cases disposed of in 2010 over 2008.
The increased number of cases referred to the EAT in recent times has, nonetheless, had a strong impact on case processing timeframes. I am informed that the longest waiting periods at the end of April 2011 ranged from 50 weeks to 89 weeks, although such figures can be somewhat misleading in terms of the very different nature of claims referred to the Tribunal.
Although the Tribunal conducts hearings in about 36 locations across the State, where the number of cases is relatively small, the Tribunal may wait until a sufficient number of cases is on hand before hearings in certain locations can be listed so as to maximise value for money in relation to the costs of hearings outside Tribunal HQ. Once a critical mass of cases is assembled, 5 days of hearings in a single location can reduce the "waiting time" in the area concerned by approximately 30 weeks.
In relation to managing its caseload and costs, I understand that the Tribunal targets areas with the longest waiting period and highest level of claims outstanding, within the resources it currently has available, when scheduling hearings.
I can assure the Deputy that the Tribunal has been pro-active in driving efficiencies as it addresses the significantly increasing demands for its services at a time of significantly constrained resources. Divisions of the Tribunal are sitting longer, listing more cases per hearing, and seeking to manage the caseload so as to maximise efficiency. These efficiencies have resulted in improvements in the service provided to individual applicants and respondents and have also resulted in an increase in the Tribunal's output. In this connection, over 6,000 claims were processed between January and end-December 2010 — the highest number on record.
The Tribunal is also piloting the streaming of certain types of cases in particular, in order to increase the number of cases being dealt with and assist parties in these instances. The Tribunal is also in the processing of developing a "fillable" electronic form, which will facilitate the more expeditious processing of a claim form once lodged. Furthermore, the Tribunal is piloting a specialist Division to hear claims submitted in relation to redundancy payments which are significant in number and where determinations by the EAT are necessary.
Most recently, my Department has supported the Tribunal in processing its increased caseload through the assigning of additional Tribunal Secretaries and support from the National Employment Rights Authority of the Department in managing the administration of case logging and document preparation. Such cross-unit support has been a vital support to the Tribunal in tackling its caseload.
All of these measures are being taken against the backdrop of severe resource constraints — both monetary and staffing — and I can assure the Deputy that my Department will keep the workload challenges for the Tribunal under review with a view to assisting it further improve its levels of customer service.
Social Welfare Code
Pádraig Mac Lochlainn
Question:56 Deputy Pádraig Mac Lochlainn asked the Minister for Social Protection if she will review the qualifying criteria for the domiciliary care allowance in order that a child who has been diagnosed with ADHD, Asperger’s syndrome and dyslexia may receive payment for domiciliary care allowance. [12129/11]
In order to qualify for Domiciliary Care Allowance a child must have a disability so severe that it requires the child needing care and attention and/or supervision substantially in excess of another child of the same age. This care and attention must be given by another person, effectively full-time so that the child can deal with the activities of daily living. The child must be likely to require this level of care and attention for at least 12 months.
Eligibility for Domiciliary Care Allowance is not based primarily on the medical or psychological condition, but on the resulting lack of function of body or mind necessitating the degree of extra care and attention required. No disability automatically qualifies or disqualifies a child for the allowance. Each application is assessed on an individual basis taking account of the evidence submitted.
In the case of an application which is refused on medical grounds, the applicant may submit additional information and/or ask for the case to be reviewed by a different Medical Assessor specially designated for this task. Where a person is not satisfied with the decision of a Deciding Officer they may appeal the decision to the Social Welfare Appeals Office.
FÁS Training Programmes
Brendan Smith
Question:57 Deputy Brendan Smith asked the Minister for Social Protection if the skills development and internship programme announced by the former Minister in December 2010 is still in operation. [12199/11]
The Skills Development and Internship Programme proposed by the previous Government did not commence and has now been replaced by the National Internship Scheme.
Employment Support Services
Brendan Smith
Question:58 Deputy Brendan Smith asked the Minister for Social Protection if the 7,500 places under the work placement programme announced by the former Minister in December 2010 are still in operation. [12200/11]
The Work Placement Programme was established to provide an opportunity for people who are unemployed to take up voluntary, unpaid work experience placements. The rationale for the Programme is to keep people as close to the the labour market as possible during a time of job shortages and increased competition for jobs. The 7,500 places under the Work Placement Programme are still in operation. Since its commencement, some 3,753 people have participated on the Programme.
Joe McHugh
Question:59 Deputy Joe McHugh asked the Minister for Social Protection the functions, design and roll-out date of an organisation (details supplied); and if she will make a statement on the matter. [12105/11]
The Programme for Government states that a new National Employment and Entitlements Service will be established under the management of the Department of Social Protection. The objective is to integrate the employment support services currently provided directly by the Department of Social Protection with those currently provided by FÁS into a single service. This service will also process payments in respect of employment related benefits and other benefits payable by the Department of Social Protection. The integration of employment services and related benefit payment services within the Department of Social Protection will provide a ‘one stop shop' for people wishing to establish their benefit entitlements, seek employment and / or seek advice about their training options. The focus will be very much on the individual, his / her rights to a payment, his / her access to an opportunity to engage in employment, training or upskilling, as appropriate and his / her responsibility to engage with such opportunities as they are provided. This should improve a person's life chances. It should be noted that responsibility for skills training undertaken by FÁS currently resides with the Department of Education and Skills. The future development of the training and skills services of FÁS is a matter for the Minister for Education and Skills.
With regard to the timeline for the development of the National Employment and Entitlements Service, I am determined that this will be completed in the most expeditious manner possible and my officials are already actively engaged in a programme of work towards this end.
The administration of the supplementary welfare allowance scheme has already been transferred to the Department of Social Protection with the secondment of the Community Welfare Service from the Health Service Executive at the beginning of this year. The intention is to have the staff fully transferred into the Department by the end of September this year. This will enable us to integrate the payment of all benefits into one organisation simplifying customer processes.
Planning for the transfer and integration of the Employment Services and Community Employment Services of FÁS to the Department has already commenced and it is envisaged that the transfer of staff will commence later this year. Again this will enable us to simplify and integrate the delivery of employment support services to customers.
A key objective of the Government in relation to the new service is that it will offer users a high level of personalised employment support and prioritise the provision of more intensive support for those on the live register who are identified as being most at risk of long-term unemployment. This will be achieved through the use of proactive approaches and modern case management systems. A number of pilot projects have already commenced in relation to the development of case management, the identification of those who are most at risk of falling into long-term unemployment, and the provision of appropriately tailored responses to their needs. These pilot projects will be completed and evaluated in the coming months after which approaches will be developed for their rollout nationwide as part of the National Employment and Entitlements Service.
Question No. 60 withdrawn.
Social Welfare Appeals
Finian McGrath
Question:61 Deputy Finian McGrath asked the Minister for Social Protection the position regarding an appeal in respect of a person (details supplied) in Dublin 9. [12170/11]
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 1st March 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
Employment Support Services
John O'Mahony
Question:62 Deputy John O’Mahony asked the Minister for Social Protection following the announcement of the Jobs Initiative, when will information be made available on training places and internships; where this information can be obtained from; and if she will make a statement on the matter. [12182/11]
The National Internship Scheme is a key part of the Government's Jobs Initiative. It will provide up to 5,000 unemployed people with an internship opportunity ranging from 6 to 9 months in an organisation in the private, public or community and voluntary sectors. During this time, participants will receive an allowance, which will consist of a €50 per week top up on their existing social welfare entitlements.
The Internship scheme will assist in breaking that cycle whereby unemployed people cannot get a job without experience, either as new entrants to the labour market after education or training or as unemployed workers whose existing skills will not be appropriate to the types of jobs that will emerge in post- recession Ireland. The scheme will give young people a real opportunity to gain valuable experience to bridge the gap between study and the beginning of their working lives.
Work is being finalised on the development of the National Internship Scheme so that it will be ready for launch by the beginning of July. The Scheme will have its own website which will facilitate organisations applying online when they have internships to offer. A website will be available shortly on which potential host organisations and potential interns can learn more about the Scheme and can also register expressions of interest.
The availability of information in relation to the training places announced in the Jobs Initiative is a matter for the Minister for Education and Skills.
Social Welfare Benefits
Clare Daly
Question:63 Deputy Clare Daly asked the Minister for Social Protection if her attention has been drawn to the backlog of applications for single parent family payment in Balbriggan in north Dublin, but also generally throughout the country, with some parents waiting for the first eight months of a child’s life or longer with very little information about their claim; if there are plans to deal with this backlog; and if she will make a statement on the matter. [12193/11]
There are a number of statutory conditions that must be met by a person to qualify for a lone parent family payment and, accordingly, claims can involve significant processing. He or she must be habitually resident in the State, have the main care and charge of at least one child, must not be cohabiting and must satisfy a means test. It may also be necessary to establish that efforts have been made to obtain maintenance from the former spouse or partner before a decision can be made. Most applications also require a home visit from an inspector.
The Department aims to award 90% of one parent family payment claims in 10 weeks. Nationally, 45% of decisions meet the target, while in Balbriggan, 24% of claims are decided in 10 weeks. The national average processing time for a one parent family payment claim in April 2011 was 15 weeks, while in Balbriggan it was 30 weeks. The majority of applicants are in receipt of another social welfare payment pending a decision on a one parent family claim.
I understand that there is a backlog of one parent family claims pending decision in Balbriggan, but am assured that a programme of work is currently underway to address the situation and reduce processing times to a more acceptable level.
Social Welfare Appeals
John McGuinness
Question:64 Deputy John McGuinness asked the Minister for Social Protection when an oral hearing will be arranged in respect of a person (details supplied) in County Kilkenny; the timeframe for a decision in this case; and if she will expedite the matter. [12209/11]
The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case.
There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. In the context of dealing with the considerable number of appeals now on hands, the Department has made a further 9 additional appointments to the office in recent weeks.
While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person's oral hearing will be heard, but s/he will be informed when arrangements have been made.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
John McGuinness
Question:65 Deputy John McGuinness asked the Minister for Social Protection if an early appeal will be arranged in respect of a person (details supplied) in County Kilkenny; the timeframe for a decision in the case and if she will expedite the matter. [12212/11]
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 25 February 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 24 March 2011 and the appeal will be referred to an Appeals Officer, in due course, who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
Bernard J. Durkan
Question:66 Deputy Bernard J. Durkan asked the Minister for Social Protection the reason carer’s allowance was refused in the case of a person (details supplied) in County Kildare; if she will expedite the process of the appeal; and if she will make a statement on the matter. [12233/11]
The application for Carers Allowance by the person concerned was disallowed by the Deciding Officer on the grounds that the care recipient was not so incapacitated as to require full time care and attention.
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 2 November 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 10 March 2011 and the appeal will be referred to an Appeals Officer, in due course, who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
Bernard J. Durkan
Question:67 Deputy Bernard J. Durkan asked the Minister for Social Protection if she will review the refusal of mortgage support in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [12235/11]
The Health Service Executive (HSE) has advised that the person concerned was refused a mortgage interest supplement on the grounds that in the opinion of the HSE the claimant was not in a position to meet the loan repayments when the loan agreement was entered into.
Social Welfare Benefits
Bernard J. Durkan
Question:68 Deputy Bernard J. Durkan asked the Minister for Social Protection if and when rent supplement will be paid to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [12237/11]
The Health Service Executive (HSE) has advised that it received a rent supplement application from the person concerned on 11th May 2011.
The HSE has further advised that it will be in a position to make a decision in relation to his entitlement once all of the documentation requested has been provided.ii
Bernard J. Durkan
Question:69 Deputy Bernard J. Durkan asked the Minister for Social Protection if one parent family allowance is payable in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [12239/11]
The person concerned applied for one parent family payment on 31 March 2011. His application is being processed. He will be notified of the outcome as soon as possible.
Bernard J. Durkan
Question:70 Deputy Bernard J. Durkan asked the Minister for Social Protection the reason a person (details supplied) in County Kildare has not received rent supplement over the past nine months; and if she will make a statement on the matter. [12240/11]
The answer remains as previously advised to the Deputy in response to Question No. 251 of 17 May 2011. The Health Service Executive has advised that the person concerned was refused rent supplement on the grounds that his rent was in excess of the prescribed rent limit for a single person. The person concerned also failed to provide the HSE with supporting documentation in relation to his household composition.
Bernard J. Durkan
Question:71 Deputy Bernard J. Durkan asked the Minister for Social Protection if partial rent support can be awarded to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [12241/11]
The Health Service Executive has advised that the person concerned was refused rent supplement on 3 May 2011 as she was engaged in full-time employment. It is open to the person concerned to re-apply for a rent supplement if her circumstances have changed.
Social Welfare Code
Bernard J. Durkan
Question:72 Deputy Bernard J. Durkan asked the Minister for Social Protection the correct rate support payable in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [12242/11]
The Health Service Executive has advised me that rent supplement of €652 per month has been awarded to the person concerned. The HSE has further advised that it will review the rent supplement entitlement in this case and inform the person concerned of its decision in due course.
Clare Daly
Question:73 Deputy Clare Daly asked the Minister for Social Protection her plans to deal with the situation whereby persons who attempt to meet the conditions of jobseeker’s benefit by taking up fixed-term contracts of short duration can find themselves excluded from applying for posts (details supplied) initiated by the Department of the Environment, Community and Local Government. [12276/11]
The then Minister for Finance announced the introduction of a community work placement initiative for up to 5,000 people in his Budget Statement to Dáil Éireann on 7 December 2010. The initiative, known as Tús, was launched on 21 December 2010. Work on developing the necessary implementation structures, including running trials, has been under way since then. The aim of Tús is to provide short-term, quality work opportunities for those who have been unemployed for more than a year. The criteria applying to the recruitment of the supervisor or team leader and to the selection of participants for work placements are the same. A candidate must satisfy certain conditions. He or she must be unemployed and in receipt of a jobseeker's payment for at least 12 months; be in receipt of jobseekers allowance; and be fully unemployed. These criteria ensure the focus of Tús is on those who are long-term unemployed. For this reason, eligibility is confined to those on the Live Register for 12 months and in receipt of jobseeker's allowance. These provisions ensure a targeted approach to those affected by long-term unemployment.
Brian Stanley
Question:74 Deputy Brian Stanley asked the Minister for Social Protection the reason there is a ban on rent supplement in an area (details supplied); and her plans to lift this ban. [11525/11]
The purpose of the rent supplement scheme is to provide short-term income support to eligible people living in private rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. The Government decided in 1997 to approve the redevelopment of Ballymun and a regeneration programme commenced in 1998. The provision of rent supplement in the Ballymun designated area was identified by housing authorities as a risk to the tenure diversity objective of the project which is to achieve a more balanced tenure mix by providing additional private market housing. In response to the concerns about achieving a tenure balance mix, section 25 of the Social Welfare and Pensions Act 2007 provided that a payment of rent supplement can be refused in respect of accommodation which is situated in an area notified to the Minister for Social Protection by the Minister for the Environment, Community and Local Government as being an area of regeneration.
The Minister for Environment, Community and Local Government advised in 2008 that, on the advice of Dublin City Council, he had decided that the Ballymun area merited designation as an area of regeneration for the purposes of section 25 of the Social Welfare and Pensions Act 2007. Accordingly, with effect from 27 November 2008, rent supplement is not paid in respect of accommodation situated in the Ballymun regeneration area, as outlined by the Minister for Environment, Community and Local Government. The measures provided for in section 25 are not a blanket refusal of rent supplement in areas of regeneration. Specific provision is made to ensure that people already residing in such areas and in receipt of rent supplement may continue to receive payment; and that people already residing in such areas in private rental accommodation and who may have recourse to rent supplement in the future would not have their entitlement restricted. It is not intended that the section 25 provisions will be open-ended and will be reviewed jointly by the Department and the Department of the Environment, Community and Local Government when the Ballymun regeneration is completed in 2012 or earlier, if appropriate.
Brian Stanley
Question:75 Deputy Brian Stanley asked the Minister for Social Protection her plans to develop a strategy to ensure that the most competitive rents are secured for persons availing of rent supplement. [11519/11]
Brian Stanley
Question:76 Deputy Brian Stanley asked the Minister for Social Protection the number of persons currently availing of the rent supplement scheme; the amount spent on this scheme in 2009 and 2010; the projected spend for 2011; and if she will provide a breakdown based on each local authority. [11518/11]
I propose to take Questions Nos. 75 and 76 together.
The purpose of the rent supplement scheme is to provide short-term support to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. The primary purpose of the scheme is to provide short-term assistance, rather than to act as an alternative to the other social housing schemes operated by the Exchequer. Rent supplements are subject to a limit on the amount of rent that an applicant for rent supplement may incur. Rent limits are set at levels that enable different types of eligible households to secure and retain basic suitable rented accommodation, having regard to different rental market conditions that prevail in various parts of the State. The objective is to ensure that rent supplement is not paid in respect of overly expensive accommodation having regard to the size of the household and market conditions. Furthermore, it is essential that State support for tenants does not give rise to inflated rental prices and overcharging by landlords. Setting or retaining maximum rent limits at a higher level than are justified by the open market can have a distorting effect on the rental market, leading to a more general rise in rent levels. This in turn may worsen the affordability of rental accommodation unnecessarily, with a particularly negative impact for those tenants on lower incomes who are trying to support themselves without State aid. The Department continually monitors current market conditions throughout the country so the existing limits allow eligible households to secure and retain suitable rented accommodation. A breakdown of rent supplement expenditure and recipient numbers by local authority is not available. National statistics are provided in the following tabular statement.
|
Rent Supplement: Recipients and Expenditure |
||
|---|---|---|
|
2009 to 2011 |
||
|
Period |
Recipients |
Cost |
|
€million |
||
|
2009 |
93,030As at December 2009 |
511 |
|
2010 |
97,260As at December 2010 |
516 |
|
2011 |
97,056As at April 2011 |
465Revised Estimate Volumes for 2011 expenditure |
Bog Purchase Scheme
Éamon Ó Cuív
Question:77 Deputy Éamon Ó Cuív asked the Minister for Tourism, Culture and Sport when a transaction (details supplied) will be completed; the reason for the delay in same; if interest will be paid due to the delay in finalising this case; and if he will make a statement on the matter. [12135/11]
The voluntary bog purchase scheme was closed to new applicants in May 2010. The processing of those applications on hand has been slower than anticipated due to capacity constraints in undertaking the conveyancing work involved. The voluntary bog purchase scheme does not provide for the payment of interest due to delays. The vendor will be contacted as progress is made in advancing the sale. The Government recently announced a number of decisions regarding the future management of peatlands in Ireland and, in particular, the protection of bogs designated as Special Areas of Conservation and Natural Heritage Areas. In addition to the establishment of an independent Peatlands Council, the Government has announced a compensation package for turf cutters in sites where continued turf cutting is no longer possible for reasons of environmental protection. My Department will write to all remaining applicants under the voluntary purchase scheme in the coming weeks to outline their options in light of the availability of alternative compensation arrangements.
Architectural Heritage
Ciaran Lynch
Question:78 Deputy Ciarán Lynch asked the Minister for Tourism, Culture and Sport the funds, if any, that have been made available for the upkeep or enhancement of St. Finbarre’s Cathedral Cork in 2011; and if he will make a statement on the matter. [12285/11]
Between 2008 and 2010, St. Finbarre's Cathedral in Cork received €104,000 in funding for conservation works under the Civic Structures Conservation Grants Scheme, which is administered by my Department. In addition, the Heritage Council, which is funded by my Department, provided funding of €310,500 for the cathedral under the Significant Places of Public Worship Grants Scheme between 2008 and 2010. I understand that St. Finbarre's Cathedral applied for funding under this scheme in 2011 but was unsuccessful in its application. Due to a significant reduction in the budgetary allocation for built heritage, the operation of the Civic Structures Conservation Grants Scheme has been suspended. Limited funding is being provided 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 been issued to each local authority. The closing date for the receipt of applications under this scheme has passed. No application was received by my Department in respect of St. Finbarre's Cathedral for funding under the Structures at Risk Fund.
Film Industry Development
Peter Mathews
Question:79 Deputy Peter Mathews asked the Minister for Tourism, Culture and Sport if he will arrange for the Irish Film Board to meet a person (details supplied) to discuss the provision of funding for completion of a documentary on President Obama’s Irish roots that will be shown at the Cannes Film Festival and distributed worldwide; and if he will make a statement on the matter. [12286/11]
My Department had previously been aware of this project. Contact had been made with the Irish Film Board in relation to it. It should be noted that the Irish Film Board is statutorily independent in carrying out its functions. The question of who it meets is entirely a matter for the board.
Telecommunications Services
Finian McGrath
Question:80 Deputy Finian McGrath asked the Minister for Communications, Energy and Natural Resources if he will support the 11600 telephone number to protect children from predators. [12168/11]
The allocation of specific numbers in the 116 number range of numbers, which are reserved for services of social value, is managed in Ireland by the Commission for Communications Regulation (ComReg). In November 2007, ComReg alerted potential service providers, through an advertisement campaign, to the existence of the range of numbers beginning with 116, including the 116000 hotline for missing children. The November 2007 advertisement invited suitable applicants to apply for the setting up of services of social value under the specified numbers. I am advised by ComReg that no organisation has yet applied for the missing children hotline number 116000.
The revised telecoms package obliges Member States to be more proactive by promoting and encouraging the provision of "116" services and ensuring that citizens are adequately informed of the existence and use of such services. It also requires Member States not only to reserve the 116000 number but also to make every effort that a service for reporting missing children is actually available in their jurisdictions.
While my Department does not have a policy function in relation to the provision of services of social value, it is responsible for the transposition of the revised telecoms package and has been engaging with those Departments under which the policy function for such services falls in order to ensure that the Directives are adequately transposed and effected.
In an effort to make progress on the provision of this service in Ireland, my Department has had discussions with both the Department of Justice, Equality and Defence and Department of Health and Children, which have policy functions in the area of missing children and child protection.
Departmental Properties
Joe Costello
Question:81 Deputy Joe Costello asked the Minister for Communications, Energy and Natural Resources the status of the old Central Fisheries Board offices in Glasnevin, Dublin; and if he will make a statement on the matter. [12175/11]
Inland Fisheries Ireland (IFI) replaced the Fisheries Boards with effect from 1 July 2010. IFI now owns the former Boards' properties including the Glasnevin site, which was vacated in 2005 due to health and safety concerns. In April 2008 the Government decided to release the building and site in question to the Affordable Housing Initiative. The transfer of the property did not proceed and the property remains in the ownership of IFI. As part of its Action Plan for Change under the Public Service Agreement 2010–2014, IFI plans to rationalise its property portfolio, including disposal of the Glasnevin site, with a view to achieving efficiencies and reducing costs.
Departmental Schemes
Billy Timmins
Question:82 Deputy Billy Timmins asked the Minister for Communications, Energy and Natural Resources the position regarding the Sustainable Energy Authority of Ireland warmer homes scheme under which elderly persons were informed that work would be carried out on their houses, insulation and heating measures, radiators and so on but now they have been informed that while insulation work will be carried out, heating measures will not; the reason this is the case for persons that have waited for more than a year for this work; and if he will make a statement on the matter. [12177/11]
The Sustainable Energy Authority of Ireland (SEAI) administers the Better Energy programme on behalf of my Department. The fuel poverty strand of Better Energy aims to provide energy efficiency improvements to low-income homes unable to afford the cost of implementing such measures. An additional €10 million was provided for low-income housing retrofits in the recent Jobs Initiative. This will enable over 20,000 low-income homes to benefit from energy efficiency retrofit measures this year.
The key eligibility criteria for the scheme is that the householder is in receipt of a fuel allowance, invalidity or disability benefit with some additional flexibility allowed for exceptional hardship cases. The fuel allowance is a supplementary allowance available to persons already in receipt of benefits including disability and invalidity benefit. As the fuel allowance is means tested, it is the best available indicator of the lowest income and most vulnerable homes. In addition to utilising the fuel allowance criterion, the SEAI and the community-based organisations work in close partnership with local networks of poverty and community support organisations including public health nurses, MABS and the Society of Saint Vincent de Paul to identify particularly vulnerable homes.
There has been a significant uptake in applications and interest in the scheme over the last three years. This has resulted in very high volumes of applications which have, in certain instances, led to delays in having works completed. If the Deputy wishes to forward details of specific instances to my office I would be happy to have my officials pursue the matter. Alternatively, queries in relation to individual applications can be addressed to the SEAI hot line — 1800 250 204 where all queries from scheme applicants and public representatives are dealt with immediately.
Alternative Energy Projects
Michael Creed
Question:83 Deputy Michael Creed asked the Minister for Communications, Energy and Natural Resources further to Parliamentary Question No. 243 of 5 April 2011, if he will clarify the situation regarding the regulations as they apply to vertical axis blades on wind turbines; and if he will make a statement on the matter. [12186/11]
My colleague, the Minister for Environment, Community and Local Government has responsibility for the planning function. Further information on the specifics contained in the planning regulations as they apply to particular queries should be obtained from that Department.
The Department of Environment introduced two statutory instruments, S.I. 83 of 2007 and S.I. 235 of 2008, relating to planning exemptions for small scale renewable technologies that meet specified criteria.
In the case of commercial wind farm developments, the Department of Environment has published Guidelines for Planning Authorities on Wind Energy Development, which offer advice to planning authorities on planning for wind energy through the development plan process and in determining applications for planning permission. The latest version of these guidelines is published on the Department of Environment website.
Large windfarm developments, those over 25 turbines or 50MW in capacity, are required to apply for planning permission under the Strategic Infrastructure Development Act.
Telecommunications Services
Clare Daly
Question:84 Deputy Clare Daly asked the Minister for Communications, Energy and Natural Resources when the Naul exchange, County Dublin, will be upgraded to next generation broadband standard in view of the severe damage the lack of this basic communications technology is having on small businesses and on a cultural centre (details supplied). [12272/11]
The provision of broadband services is, in the first instance, a matter for private sector service providers operating in Ireland's fully liberalised telecommunications market. Broadband services are provided by private service providers over various platforms including DSL (i.e. over telephone lines), fixed wireless, mobile, cable, fibre and satellite. Decisions relating to the upgrading of eircom exchanges are purely commercial issues for the Board and management of the company and I therefore have no role or function in such matters. Details of broadband services available in each county can be found on ComReg's website at www.callcosts.ie.
Local Authority Funding
Charlie McConalogue
Question:85 Deputy Charlie McConalogue asked the Minister for the Environment, Community and Local Government if there is any financial assistance available for a local authority (details supplied) in County Donegal; and if he will make a statement on the matter. [12215/11]
My Department provided over €77 million between 2005 and 2010, to assist local authorities in improving access to public spaces, buildings and services for people with disabilities.
Funding was allocated annually, for purposes of Disability Services, to local authorities, on the basis of priority areas identified by them.
There is no provision for Disability Services in my Department's estimates in 2011.
Dormant Accounts Fund
Dan Neville
Question:86 Deputy Dan Neville asked the Minister for the Environment, Community and Local Government the position regarding an application for funding under dormant accounts for a club (details supplied); the criteria required in assessing these applications; and when a decision will issue on same. [12139/11]
Applications for funding for projects under the dormant accounts fund have been assessed and prioritised by Pobal, and these are currently being considered by my Department in the context of the reduced level of funding available in the current year, and also in the context of the current comprehensive review of expenditure.
The overall objective is to ensure that dormant accounts funds are disbursed in a manner that optimises their effectiveness. To achieve this, the key underlying principles which guide the assessment of proposals are:
a) Additionality
b) Compatibility with Government policy
c) Impact
d) Sustainability
e) Value for money
f) Evidence of need and
g) Evidence of Capacity of the Group or Organisation.
Any decisions arising will be notified to all applicants as soon as possible.
Local Authority Funding
Marcella Corcoran Kennedy
Question:87 Deputy Marcella Corcoran Kennedy asked the Minister for the Environment, Community and Local Government if he will provide a breakdown of funding allocated to a local authority (details supplied) for the provision of front-line services; and if he will make a statement on the matter. [12146/11]
The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs and the provision of premises, is a statutory function of individual fire authorities under section 10 of the Fire Services Act 1981 and 2003. Fire authorities fund revenue expenditures on fire services from their own resources.
My Department supports fire authorities through the setting of general policy and the provision of capital funding, including the recoupment (within the overall funding available) of costs incurred by fire authorities in relation to the construction of fire stations and to the approved purchase of fire appliances and equipment.
Almost €13 million has been invested in building the capacity of fire services in Laois and Offaly in recent years. This has been recouped to the respective fire authorities under the Department's fire services capital programme as indicated on the attached table:
|
Year |
Laois County Council |
Offaly County Council |
|
€ |
€ |
|
|
2010 |
366,522 |
165,383 |
|
2009 |
948,577 |
412,649 |
|
2008 |
1,361,875 |
979,634 |
|
2007 |
1,244,813 |
728,465 |
|
2006 |
778,069 |
1,582,615 |
|
2005 |
17,629 |
338,375 |
|
2004 |
204,208 |
370,003 |
|
2003 |
1,217,331 |
487,510 |
|
2002 |
1,037,383 |
614,091 |
|
Total |
7,176,407 |
5,678,725 |
Grant Payments
Frank Feighan
Question:88 Deputy Frank Feighan asked the Minister for the Environment, Community and Local Government when a decision will issue on an application for funding in respect of Enterprise Castlerea, County Roscommon. [12188/11]
Axes 3&4, known as the ‘LEADER' axes of the Rural Development Programme Ireland 2007-2013 (RDP) provide substantial support for the diversification of the rural economy and to activities that enhance the quality of life in rural Ireland.
In general, an overall ceiling of €150,000 grant aid per project applies to projects under the LEADER Axes of the RDP and the local action groups delivering the Programme on behalf of my Department are the principal decision-makers in relation to the allocation of project funding.
In certain circumstances local action groups may award grant aid in excess of €150,000 where they get the approval of my Department to do so. It is in this context that my Department is currently examining the project in question.
Given the level of funding involved and the need to ensure value for money, a full and detailed assessment of such projects is vital. In addition LEADER activities are co-financed by the European Union at a rate of 55% and accordingly come within the remit of a strict regulatory regime.
The assessment of such projects usually involves detailed consultations with the relevant local action group and frequently necessitates the provision of further documentation or clarifications. In this instance a number of queries have been raised with the Local Action Group and when all of the required information has been received a decision in relation to this project will be made without delay.
Departmental Programmes
John McGuinness
Question:89 Deputy John McGuinness asked the Minister for the Environment, Community and Local Government his plans for the future of the RAPID programme; if he will confirm that sufficient arrangements will be made with local authorities to cover the costs of RAPID co-ordinators; and if he will make a statement on the matter. [12214/11]
The RAPID Programme aims to ensure that priority attention is given to tackling the spatial concentration of poverty and social exclusion within designated RAPID areas nationally. It is a matter for relevant Ministers to address progress and deliver in regard to projects within their areas of responsibility in the different RAPID areas.
My Department administers the RAPID Leverage Schemes, which seek to support small-scale projects identified locally by Area Implementation Teams in each of the RAPID areas. These schemes have been co-funded by the relevant agencies, and projects have focused on estate enhancement, graffiti removal, traffic calming, community closed-circuit television, health and sports facilities and the provision of playgroups.
The RAPID Programme faces significant challenges, given that the budget for the RAPID Leverage Schemes has fallen from an out-turn of €9 million in 2009 to a capital allocation of €2.5 million in 2011.
To ensure the continued relevance of RAPID, my Department is re-assessing the policy direction of the programme, with a view to greater focus, inter alia, on the coordination and local consultation roles of the programme, and enhancing the opportunities for input by residents in disadvantaged areas. As part of these deliberations, a meeting of the National Monitoring Committee of the RAPID Programme and also a national meeting of the Area Implementation Teams will be held in the near future.
50% of the cost to local authorities of employing the local co-ordinators in RAPID areas is met directly by my Department.
Water and Sewerage Schemes
Clare Daly
Question:90 Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if he will bring forward emergency funding for Fingal County Council to replace the watermain from Hollywood reservoir to the Naul, County Dublin, as a matter of urgency in view of the repeated outages that have left the area without water on an ongoing basis. [12274/11]
The Hollywood to Naul pipeline is not approved for funding as a contract to start under my Department's Water Services Investment Programme 2010-2012.
A Water Services Authority may, at its own expense, carry out planning and/or construction works on contracts or schemes not included in the Programme, which the Authority feels must be progressed. In this regard, I understand that Fingal County Council is proceeding with the construction of this pipeline and that work is expected to be completed within the next two to three months.
Building Regulations
Clare Daly
Question:91 Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the steps he will take to assist homeowners whose properties have heave inducing pyrite, in terms of the establishment of a taskforce into the quarries which sold the infill, or measures to get the Construction Industry Federation to deal with the fact that Homebond has insufficient cover to deal with potential claims; and the changes he plans to bring to the building regulations to ensure that this does not happen again. [12275/11]
The current pyrite problems were first brought to the attention of my Department in mid-2007 and it acted quickly in taking appropriate action to address them.
Following an intervention from my Department, the National Standards Authority of Ireland (NSAI) published a new amended Standard Recommendation on the use of aggregates as infill for civil engineering and road construction work. The new Standard Recommendation came into effect on 7 December 2007 and it addresses the quality standards of new homes and buildings in so far as problems relating to pyrite are concerned.
The Building Regulations set out the legal requirements for the construction of new buildings, including houses, and the related technical guidance documents provide guidance on how to comply with those regulations. The relevant Technical Guidance Document of the Building Regulations dealing with Site Preparation was amended to incorporate the revised NSAI Standard Recommendation.
In addition, I am aware that HomeBond, a private company which provides a ten-year structural guarantee for new houses, has included the amended NSAI Standard Recommendation in their published 6th edition of the house building manual.
I attach a high priority to consumer protection in the area of quality construction of new dwellings and I have asked my Department to prioritise the formulation of policy proposals that will enhance compliance with, and enforcement of, the building regulations generally.
I consider that the actions I have outlined above are appropriate responses in light of my Department's responsibilities and I do not think that the setting up of a task force is warranted or indeed would be useful in providing a resolution to the problem.
Undertaking remedial works to homes affected by pyrite is a matter for the parties concerned, namely the building owner, the relevant developer and the builder's insurers. Where the construction of a building is the subject of a contract between the client and the builder enforcement is a civil matter.
I understand that following lengthy court proceedings in relation to a number of homes affected by pyrite in north Dublin, a settlement was recently reached and a trust fund established to enable remedial works to be carried out to those houses. Other legal proceedings are currently in progress.
The Construction Industry Federation is a representative body for business involved in the construction industry and HomeBond is a private company. I have no function in relation to either of these bodies.
Water and Sewerage Schemes
Clare Daly
Question:92 Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if he will produce a cost benefit analysis for the design build operate models in existence for water services investment. [12277/11]
Clare Daly
Question:93 Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the reason design build operate contracts have been awarded for water services investment despite the local authority model being demonstrated to be more cost effective. [12278/11]
I propose to take Questions Nos. 92 and 93 together.
The procurement option chosen for any scheme under the Water Services Investment Programme 2010-2012 is based on an assessment of the best value for money from a whole life perspective. Each proposal is examined on a case by case basis and local authorities are obliged by the Department to examine all potential options before deciding on an appropriate procurement option.
The overriding consideration is that all projects must deliver value for money and to this end Department Circular L5/06 of 29 May, 2006 —‘Water Services Public Private Partnerships — Public Sector Benchmark and Post Project Review’ — sets out the need for a Public Sector Benchmark (PSB) in each case where Public Private Partnership (PPP) approach is the preferred procurement option. The PSB approach consists of a comprehensive risk adjusted costing of the project elements over the whole life of the project, and enables a comparison to be made on a like for like basis between traditional and PPP — Design/Build/Operate procurement to ensure that the best value for money procurement option is chosen. This normally relates to projects with a value in excess of €5 million.
Religious Cults
Paschal Donohoe
Question:94 Deputy Paschal Donohoe asked the Minister for Justice and Equality if his attention has been drawn to the danger posed by the development of cults within Ireland; if he has a working group or plan on this issue; and if he will make a statement on the matter. [12108/11]
The Deputy will appreciate that the word ‘cult' is a chameleon-hued word that may get its colours in any given context from the subjective views of the speaker, and that there are no clear, specific, manageable, and universally accepted criteria for identifying cults.
In our constitutional democracy, as the Deputy knows, we have a firm constitutional guarantee, in Article 44, of freedom of religion and freedom of conscience. A person's convictions about ultimate concerns such as the meaning of life and the purpose of existence and how to live a life of worth and value is a profound part of the privacies of life and existential thought. It is of course a reality that one person's cult may be another person's faith.
It is self-evident, however, that no one may engage in conduct that is directed at a specific person and causes substantial distress to that person, even for the purposes of forcing that person to join or belong to a religious group. In this connection, it may be helpful to point out that section 10 of the Non-Fatal Offences Against the Person Act 1997 provides for the offence of harassment. Thus, any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, commits the offence of harassment.
Moreover, a person harasses another when (a) he or she, by his or her acts intentionally or recklessly, seriously interferes with the other’s peace and privacy or causes alarm, distress or harm to the other, and (b) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other’s peace and privacy or cause alarm, distress or harm to the other.
The Deputy might also note that, under section 10(3) of the 1997 Act, when a person is found guilty of this offence, the court may, in addition to or as an alternative to any other penalty, order that the person must not, for such period as the court may specify, communicate by any means with the other person or that the person shall not approach within such distance as the court shall specify of the place of residence or employment of the other person. To answer the Deputy's second question, I have at the moment no plan to set up a working group to study the subject of cults.
Citizenship Applications
Jack Wall
Question:95 Deputy Jack Wall asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [12109/11]
An application for a certificate of naturalisation from the person referred to in the Deputy's question was received in the Citizenship Section of my Department in August 2004. On examination of the application it was determined that the person concerned did not meet the statutory requirements as set out in the Irish Nationality and Citizenship Act 1956, as amended. A letter informing the applicant of this was issued on 28 February 2006.
A new application for a certificate of naturalisation from the person in question was received in the Citizenship Section of my Department in May 2009. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.
In that context, as I outlined in response to Parliamentary Question Number 69 of 7th April last, I can inform the Deputy that I have initiated steps within my Department to provide for speedier processing of applications to bring about a substantial reduction in the processing timescale. The new arrangements will be publicly announced once my Department is in a position to implement them.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
Departmental Programmes
Dominic Hannigan
Question:96 Deputy Dominic Hannigan asked the Minister for Justice and Equality the number of courses in third level institutions he funds; if he will provide a list of the courses including their national qualification framework level; the level of funding per course; his plans for funding these courses for the remainder of 2011 to 2013, inclusive, and if he will make a statement on the matter. [12110/11]
I can inform the Deputy that my Department provides funding to the following three courses at third level institutions:
1 — Course Title — Diploma in Justice Studies
This is a learning initiative developed by the Department for its staff in conjunction with the Institute of Public Administration (IPA).
National Qualification Framework Level
This is not accredited. However, with the completion of an additional bridging course in economics, graduates can gain entry into the second year of a degree course in Public Administration.
Level of Funding
The cost to the Department for 2010/2011 was approximately €38,000. 59 staff participated in the course for the academic year 2010/2011. A total of 359 staff have now completed the course since it commenced in 2005.
Future Plans
The programme offers benefits to both the individual staff members and the organisation. Subject to availability of funds and sufficient demand it will continue to run.
2 — Course Title — Masters of Social Science (Social Work) Degree/Graduate Diploma in Applied Social Studies
This is a part-time course run by University College Dublin, for 40 Probation Officers (funding through the Probation Service).
National Qualification Framework Level
Level 9 — Approved qualification required for registration with the Social Workers Registration Board in exercise of powers conferred on it by section 31 of the Health and Social Care Professionals Act 2005.
Level of Funding
Academic year 2010/2011 — €409,000 (including student levies).
Future Plans
It is estimated that the funding for 2011/2012 will be similar to 2010/2011 but that there will be a reduction for 2012/2013 as the first phase of the programme will have been completed. The full programme will be completed in academic year 2013/2014.
3 — Course Title — Higher Certificate in Custodial Care (HCCC)
This course is run by Sligo Institute of Technology (funded by the Irish Prison Service).
National Qualification Framework Level
Level 6 — This course is obligatory for all Recruit Prison Officers who join the Irish Prison Service and is not open to the wider public.
Level of Funding
In 2011, based on current level of staffing, the level of funding of the course will amount to €649,000. In 2011, 216 staff are participating in this course. Subject to no further staff coming on stream, the level of funding for 2012 is anticipated to be €189,000.
Future Plans
Due to the moratorium on public sector recruitment, there is no authorisation to recruit Prison Officers and therefore I am not in a position to state if there will be expenditure in this area in 2013.
The Deputy may also wish to note that Members of An Garda Síochána who successfully complete the HETAC accredited 2-year Student/Probationer Education Programme in the Garda College are awarded a Bachelor of Arts (Level 7) in Police Studies. A Bachelor of Science in Police Leadership (Level 8) is also awarded to members who successfully complete a further three year programme of study. Funding for the completion of these courses is provided by the Garda Vote.
Dominic Hannigan
Question:97 Deputy Dominic Hannigan asked the Minister for Justice and Equality the number of graduates who have come through the course in leadership and advocacy at a college (details supplied) since its inception; the amount of money he has funded to the course since its inception; his plans for the course for the next academic year; and if he will make a statement on the matter. [12111/11]
The course in question was originally funded as part of the Enhancing Disability Services (EDS) Programme launched in 2005. EDS was designed as a finite five year programme to develop innovative projects which would enhance the lives of people with disabilities and which post-EDS would generate mainstream funding. The course referred to was part of a project incorporating two courses, one based in the South-East and one in the North-East. The two courses were funded from 2006 to 2008 and during that time a total of 97 students graduated including 35 accredited by the IT cited by the Deputy. Total funding for this project from my Department during this period was €433,383. There has been no further funding by my Department since 2008.
Closed Circuit Television Systems
Jim Daly
Question:98 Deputy Jim Daly asked the Minister for Justice and Equality the assistance available to a town that is currently investigating the possibility of the installation of a closed circuit television security system to monitor and deter disruptive and criminal activities in the town; and if he will make a statement on the matter. [12120/11]
CCTV systems installed for the purposes of crime prevention and as aids to policing in areas to which the general public routinely have access, such as town centres, fall into two distinct categories: community-based CCTV systems and Garda CCTV systems.
A community-based CCTV Scheme was launched in 2005 to provide financial assistance towards the capital costs of establishing a community CCTV system. To date, two major rounds of the scheme have been advertised, in 2005/2006 and 2007, under which 45 substantive schemes have been approved for funding. Any further plans for an extension of community CCTV are dependent on a number of factors, including the progression of the schemes already grant aided, the availability of funding and overall policy considerations.
Garda CCTV systems are planned and implemented on the basis of the Garda Commissioner's identified operational needs and priorities, taking into account available resources.
Garda Vetting of Personnel
Jack Wall
Question:99 Deputy Jack Wall asked the Minister for Justice and Equality the position regarding an application for Garda clearance in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [12127/11]
I refer the Deputy to my reply below to Parliamentary Question No. 276 of 10 May 2011. The position is unchanged since then.
I am informed by the Garda authorities that the Garda Central Vetting Unit (GCVU) has no application for vetting on hand in respect of the person to whom the Deputy refers. In the circumstances I can only suggest that the person contacts the registered organisation involved. A previous vetting application in respect of the person to whom the Deputy refers was processed by the GCVU and a response was returned to the registered organisation involved in September 2009.
Deportation Orders
Michelle Mulherin
Question:100 Deputy Michelle Mulherin asked the Minister for Justice and Equality the immigration status of a person (details supplied); and the steps they may take to regularise their position. [12138/11]
The person concerned was admitted into the State on 18th August, 2003 and was granted permission to remain in the State until 30th August, 2003. She has remained in the State since that date without the permission of the Minister.
Consequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 26th August, 2005, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why she should not have a Deportation Order made against her.
The position in the State of the person concerned will now be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
The Deputy may wish to note that the position in the State of the person concerned is not such as would enable her to be employed or to set up in business in the State without the permission of the Minister for Enterprise, Jobs and Innovation.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
Court Procedures
John Paul Phelan
Question:101 Deputy John Paul Phelan asked the Minister for Justice and Equality if there are any plans to change the law concerning offering a court collection service when a judgment has been made for moneys owed against a debtor in court and the creditor may have to spend more money and time trying to retrieve payment; and if the court could offer a services whereby they collect the moneys owed by the debtor and transfer this to the creditor. [12141/11]
As the Deputy may be aware, enforcement of a judgment in a civil matter may be effected by way of an execution order, which would be executed by the sheriff or, if outside Dublin and Cork, the County Registrar in his/her capacity as under-sheriff. On receipt of the execution order, it is then a matter for the sheriff/county registrar to conduct a seizure of the judgment sum and associated fees or goods to that value from the judgment debtor. The sheriff/county registrar acts independently, subject to the terms of the execution order.
The legislative programme for my Department includes a Personal Insolvency Bill that will provide for a new framework for settlement and enforcement of debt and for personal insolvency. The Bill, proposals in respect of which are being developed in my Department, will take into account the recommendations of the Law Reform Commission in its Report on Personal Debt Management and Debt Enforcement of December 2010. There are no plans at present to have the Court Service operate a debt collection service of the type suggested by the Deputy.
Visa Applications
Michael McCarthy
Question:102 Deputy Michael McCarthy asked the Minister for Justice and Equality the position regarding religious volunteers seeking visas here; the conditions surrounding the granting of such visas; and if he will make a statement on the matter. [12144/11]
The information sought by the Deputy is set out on the website of the Irish Naturalisation and Immigration Service (www.inis.gov.ie) under the heading “Immigration — Ministers of Religion and Lay Volunteers”.
The notice sets out the immigration arrangements which apply both in terms of the visa application process and in terms of renewing immigration permission for religious volunteers lawfully in the State.
Asylum Applications
Michael Healy-Rae
Question:103 Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding naturalisation in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [12153/11]
Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 27th May, 2010, that the Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.
In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
The Deputy will appreciate that as the person concerned has no right of residency in the State, the issue of naturalisation does not arise at this time.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
Visa Applications
Caoimhghín Ó Caoláin
Question:104 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality his plans to extend the visa waiver scheme for non-EU citizens with indefinite leave to remain or other residency status in Britain; and if he will make a statement on the matter. [12155/11]
The Short-Stay Visa Waiver Programme provides for visa-free travel to Ireland for the holders of UK visas from certain countries. The Waiver Programme is aimed at people on short trips to the UK who might wish to also visit Ireland and it is expected to cover mainly tourists and business people from the countries concerned. It is also intended to introduce procedures which could cater for, insofar as is possible, citizens of the countries concerned who are long term residents of the UK and who wish to visit Ireland for short stays such as business or tourism and who present an insignificant risk of irregular migration.
The Waiver Programme will be introduced on a pilot basis from 1 July of this year to October 2012 (to cover London Olympics period and beyond). This start date is based on enacting secondary legislation (by way of Statutory Instrument) to define the categories of people covered by the Waiver Programme.
The pilot programme will be monitored throughout its running and is capable of being amended or expanded at any point.
Question No. 105 withdrawn.
Asylum Applications
Bernard J. Durkan
Question:106 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent of the progress made to date in determination of residency or citizenship in the case of a person (details supplied) in County Sligo; and if he will make a statement on the matter. [12224/11]
Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 25th September, 2008, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.
In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
Residency Permits
Bernard J. Durkan
Question:107 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures whereby a person (details supplied) in County Kildare can update their residency status in accordance with requirements for naturalisation, in view of the fact that their failure to do so was as a result of serious family illness; and if he will make a statement on the matter. [12225/11]
The person concerned was granted permission to remain in the State on 8th June, 2006 valid to 8th June, 2008, under the revised arrangements for the non-EEA national parents of children born in Ireland prior to 1st January, 2005, commonly known as the IBC/05 Scheme.
On 8th June, 2008, further permission to remain in the State was granted to the person concerned, valid to 30th April, 2010.
On 7th May, 2011, the person concerned attended at her local Garda Registration Office seeking renewal of her permission to remain in the State. Given that her previous registration had lapsed for over 12 months, the person concerned was advised that she could not have her period of registration renewed without having obtained a formal renewal decision letter from my Department. As a result, the person concerned should now make a formal written renewal request to my Department, c/o the Irish Immigration and Naturalisation Service (INIS), PO Box 10003, Dublin 1. Upon receipt of any such renewal application, the case of the person concerned will be examined by the relevant Officials in my Department. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas mail facility which has been specifically established for the purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive parliamentary Questions process.
Asylum Applications
Bernard J. Durkan
Question:108 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to date followed in the determination of residency eligibility and likely outcome in the case of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [12226/11]
Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 9th February, 2011, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.
The position in the State of the person concerned now falls to be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
Residency Permits
Bernard J. Durkan
Question:109 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [12227/11]
I am informed by the the Irish Naturalisation and Immigration Service (INIS) that there is no record of a Family Reunification application from the person referred to in the Deputy's question.
If the person referred to wishes to lodge an application for a family member, they should apply in writing to the Family Reunification Section, Irish Naturalisation and Immigration Service (INIS). Further details are available on the INIS website, www.inis.gov.ie.
I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
Bernard J. Durkan
Question:110 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will facilitate an update of the residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [12228/11]
I refer the Deputy to previous replies to Parliamentary Questions on this matter, and in particular to the following reply to Parliamentary Question No. 521 on 12 January 2011.
I have been informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy does not meet the qualifying criteria for Long term residency which would exempt him from work permit requirements. The person in question was informed through his solicitor on 3 November 2010 that he will require a work permit to enable him to work in the State.
I am informed that the permission to remain in the State of the person in question expired on 6 January 2011. It is a legal requirement that he should keep his registration up to date at all times and he should report to his local immigration office to seek renewal of this permission. As the dependent of a spouse who has long term residency, it is open to him to make an application to the Department of Enterprise, Jobs and Innovation seeking a spousal work permit for the purposes of entering employment in the state.
I should again remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
Asylum Applications
Bernard J. Durkan
Question:111 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in determination of residency in the case of a person (details supplied) in County Louth; the likely outcome if known; and if he will make a statement on the matter. [12229/11]
Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 10th November, 2008, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.
In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
Residency Permits
Bernard J. Durkan
Question:112 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure followed to date in the determination of residency status in the case of a person (details supplied) in County Louth; the likelihood of an early conclusion; and if he will make a statement on the matter. [12230/11]
The person concerned has been granted leave to remain in the State for a one year period, to 18th April, 2012. This decision was conveyed to the person concerned by letter dated 18th April, 2011.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
Citizenship Applications
Bernard J. Durkan
Question:113 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will extend the stamp 4 status and re-examine the case of residency and naturalisation in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [12231/11]
The persons concerned, a husband and wife, were granted permission to remain in the State, on Stamp 4 conditions, initially for a one year period to 26th January, 2006, following the consideration of their respective cases under Section 3 of the Immigration Act 1999 (as amended). This permission was renewed on a number of subsequent occasions, most recently on 24th June, 2008, when the persons concerned were granted permission to remain in the State for a further three year period, to 24th June, 2011.
An application for a certificate of naturalisation from the first named person concerned was received in the Citizenship Division of my Department in November, 2002. On examination of the application it was determined that the person concerned did not meet the statutory requirements as set out in the Irish Nationality and Citizenship Act 1956, as amended. A letter informing the applicant of this was issued on 1st February, 2005. No new application has since been received.
A valid application for a certificate of naturalisation from the second named person concerned was received in the Citizenship Division of my Department in July, 2010. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.
In that context, as I outlined in response to Parliamentary Question No. 69 of 7 April last, I can inform the Deputy that I have initiated steps within my Department to provide for the speedier processing of naturalisation applications to bring about a substantial reduction in the processing time-scale. The new arrangements will be publicly announced once my Department is in a position to implement them.
The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
Residency Permits
Bernard J. Durkan
Question:114 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will examine the possibility of updating stamp 4 in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [12232/11]
The person concerned was granted permission to remain in the State, on Stamp 4 conditions, until 5 October, 2010. The decision had regard for the fact that the person concerned was, at the time the decision was made in March, 2008, a dependant child of a non-EEA national parent of a born in Ireland before 1 January, 2005 whose mother was granted permission to remain in the State under the provisions of the IBC/05 Scheme.
The person concerned applied for the renewal of this permission in January, 2011. As this renewal application did not contain all the necessary supporting documentation, the person concerned was requested to send on the additional documentation required but this documentation has not yet being received. Upon receipt of the outstanding documentation, the case file of the person concerned will be further considered. Once a decision has been made on this renewal application, this decision and the consequences of the decision will be conveyed in writing to the person concerned.
I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
Adoptive Leave
Clare Daly
Question:115 Deputy Clare Daly asked the Minister for Justice and Equality the reason a married adoptive mother can avail of maternity leave as per section 3 of Adoptive Leave Act 2005 whereas an adoptive father, in the same circumstances, cannot avail of paternity leave and if he believes this to be in contravention of the Equal Status Acts 2000-2004. [12262/11]
The Adoption Leave Acts 1995 and 2005 provide an entitlement to adoptive leave to an employed adopting mother or to a sole male adopter. These provisions closely follow the provisions for maternity leave in the Maternity Protection Act 1994.
There is currently no general entitlement to paternity leave in Irish law. Both the Employment Equality Act 1998 and the Equal Status Act 2000 contain (at Section 17 and Section 14 respectively) savers for other enactments, including the Adoptive Leave Act and Maternity Protection Acts.
Proposed Legislation
Clare Daly
Question:116 Deputy Clare Daly asked the Minister for Justice and Equality his plans to amend section 23(1) of the Non-Fatal Offences Against the Person Act 1997, to reflect legal guardians acting jointly in line with section 6(1) of the Guardianship of Infants Act 1964 which states that the father and mother of an infant shall be guardians of the infant jointly, and the amendment of the Guardianship of Infants Act 1964 by section 39(3)(a) of the Status of Children Act 1987, which states that a blood sample may be taken from a minor, other than one to whom subsection (2) of this section relates, if the person having charge of or control over the minor consents: provided that where more than one person has charge of or control over the minor and they disagree as to whether consent should be given, the minor shall be treated as not having consented. [12263/11]
There are no plans to amend section 23 of the Non-Fatal Offences Against the Person Act 1997.
Asylum Support Services
Seán Kyne
Question:117 Deputy Seán Kyne asked the Minister for Justice and Equality his plans to reform the direct provision system as administered by the Reception Integration Agency of his Department in view of the unacceptable delays and inadequate living conditions experienced by persons seeking asylum in a system which was originally designed to house persons for no more than six months. [12283/11]
There are several contestable assumptions in the Deputy's question including the overall inference that delays in processing asylum applications are the exclusive responsibility of the State. The reality is rather more complex even if it must be acknowledged that the present legal system is seriously out of date.
The direct provision system is designed to deliver humane and cost efficient housing for persons who are awaiting determination of their asylum claim. It is my objective to speed up the asylum determination process to the greatest possible extent consistent with natural justice and asylum law.
It is also my resolve to keep the number of persons housed in this system as low as humanly possible consistent with the needs for temporary accommodation for this group. Any credible report of poor conditions in centres providing this service is investigated promptly by my officials and taken seriously by me. I am advised that many complaints about accommodation around the country are inspired by the desire of residents to be accommodated elsewhere i.e. in large cities like Dublin. This is an understandable perspective but not one to which the State can or should defer.
Overseas Missions
Dara Calleary
Question:118 Deputy Dara Calleary asked the Minister for Defence the detail of any requests from the EU and UN for participation in overseas peacekeeping mission by the Defence Forces. [12132/11]
Ireland is currently contributing 129 Defence Forces personnel to 11 different missions throughout the world. The main overseas missions, in which Defence Forces personnel are currently deployed, are the EU-led operation ALTHEA in Bosnia and Herzegovina, with 44 personnel and the NATO-led International Security presence (KFOR) in Kosovo with 12 personnel. Other personnel are serving as monitors and observers with the United Nations and the Organisation for Security and Cooperation in Europe (OSCE). Staff are also deployed at the organisational headquarters of the EU, OSCE and NATO. On foot of a request from the United Nations, the House last month approved the despatch of a Defence Forces contingent of some 440 personnel for service with the United Nations Interim Force in Lebanon. The total number of personnel deployed overseas will amount to approximately 570 when the contingent is fully deployed in late June 2011. This represents a significant contribution to international peacekeeping operations and the obligations Ireland has assumed through its membership of the UN.
In addition, following a request from the Operation Commander for EUFOR Libya, the Government this week approved the despatch of 2 members of the Defence Forces to serve in the Operational headquarters for the mission which is based in Rome. The staff will be engaged in the development of plans and options in relation to a possible EU mission to support the delivery of humanitarian assistance in the region. This operation will be distinct and separate from the current NATO-led operation. A further Council decision would be required to launch the operation, which will only be undertaken should the United Nations Office for the Coordination of Humanitarian Affairs request assistance from the EU.
Apart from the above requests, no other deployments are planned or envisaged at this time.
Ireland's contribution to overseas operations is important, primarily in terms of Ireland's contribution to international peace and security and the protection of people caught in conflict, but also in terms of Ireland's international reputation and credibility, its commitment to the UN and the development and maintenance of Defence Forces capabilities. I am committed to ensuring that the Defence Forces continue to contribute in a meaningful way to overseas operations, at an appropriate level which is sustainable within the resources available for Defence.
In terms of discussions at EU and the UN, since I have taken up office, I have not, as yet, had an opportunity to meet with my EU colleagues to discuss issues relating to the EU's Common Security and Development Policy. However, officials in my Department and Military representatives regularly attend meetings that cover a wide range of issues in this area, including current operations, cooperation with other international organisations, including the United Nations and NATO in relation to peace support operations, and the development of EU military and civilian capabilities for crisis management operations. I am regularly updated in this regard.
Questions Nos. 119 to 128, inclusive, postponed.
Grant Payments
John O'Mahony
Question:129 Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food the number of persons in County Mayo awaiting payment under the ewe maintenance scheme; when payment will issue; and if he will make a statement on the matter. [12117/11]
John O'Mahony
Question:130 Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food the number of applications received from persons in County Mayo under the ewe maintenance scheme; and if he will make a statement on the matter. [12118/11]
I propose to take Questions Nos. 129 and 130 together.
During the CAP Health Check negotiations, agreement was reached on the use of unspent funds under the single payment scheme; the sheep sector was identified as vulnerable and in need of specific supports. This scheme, which focuses on those flocks with breeding ewes, is designed to assist in the maintenance of the national breeding flock, thereby acting as a real incentive to farmers anxious to maintain their production levels, which are essential for the future of a viable sheep industry in this country . The Scheme will operate for three years, 2010, 2011 and 2012, with a total budget of €54 million, i.e. €18 million per annum.
Under the 2010 scheme, 3,825 applications were received from persons in County Mayo and, to date, payment has issued in respect of 3,489 of these. Processing of the remaining 336 cases is currently nearing conclusion, with a view to payments issuing shortly, where eligibility is confirmed.
Pet Passport Scheme
Maureen O'Sullivan
Question:131 Deputy Maureen O’Sullivan asked the Minister for Agriculture, Fisheries and Food if he will consider adapting the pet passport application form and the pet passport to include the final destination of the dog. [12213/11]
The format of the EU Pet Passport is laid down in Commission Decision 2003/803/EC. The passport contains the unique identification of the dog or cat with information on vaccinations and additional treatments. It is used in a similar manner to passports for humans i.e. it accompanies the pet on all travel between countries to assist in border control. There is no expiry date and in most cases a passport would last the lifetime of the animal. Thus it would not be possible to print one unique destination on a passport.
Health Services
Dominic Hannigan
Question:132 Deputy Dominic Hannigan asked the Minister for Health and Children the number of dental treatments carried out in County Meath on patients with medical cards in the years 2008, 2009, 2010 and the first four moths of 2011; and if he will make a statement on the matter. [12116/11]
As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
Caoimhghín Ó Caoláin
Question:133 Deputy Caoimhghín Ó Caoláin asked the Minister for Health and Children if he will address the inadequacy of services for children with diabetes; if he has examined the proposals for reconfiguration of children’s diabetes services in the east of the country as proposed by Diabetes Action; if he will implement change along those lines; and if he will make a statement on the matter. [12125/11]
As this is a service matter it has been referred to the Health Service Executive and I will revert to the Deputy with a reply.
Departmental Properties
John Lyons
Question:134 Deputy John Lyons asked the Minister for Health and Children the position regarding Health Service Executive lands at a location (details supplied) regarding the occupation of the lands and the disruption to customers who wish to use the facility; and if he will make a statement on the matter. [12143/11]
Management of the Health Service Executive property portfolio is a service matter. Therefore, the Deputy's question has been referred to the Executive for direct reply.
Medical Cards
Marcella Corcoran Kennedy
Question:135 Deputy Marcella Corcoran Kennedy asked the Minister for Health and Children the position regarding a medical card appeal in respect of a person (details supplied) in County Offaly; and if he will make a statement on the matter. [12147/11]
As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
Care of the Elderly
Finian McGrath
Question:136 Deputy Finian McGrath asked the Minister for Health and Children if a social worker will call to a person (details supplied) in Dublin 5. [12171/11]
As this is a service matter it has been referred to the Health Service Executive and I will revert to you with their reply.
Health Services
Joe Costello
Question:137 Deputy Joe Costello asked the Minister for Health and Children if his attention has been drawn to the fact that paediatric type 1 diabetes services in Dublin are inundated with referrals; if he will consider reorganising diabetes services into networks as recommended by Diabetes Action; and if he will make a statement on the matter. [12172/11]
As this is a service matter it has been referred to the Health Service Executive and I will revert to you with a reply.
Health Service Funding
Michael Healy-Rae
Question:138 Deputy Michael Healy-Rae asked the Minister for Health and Children if he will put necessary funding in place for a centre (details supplied) in view of the fact that the 2010 figures show an increase of 378 hours of one-to-one counselling provided in 2010 over 2009; and if he will make a statement on the matter. [12173/11]
As this is a service matter the question has been referred to the HSE and I will revert to you with a reply.
Medical Cards
Finian McGrath
Question:139 Deputy Finian McGrath asked the Minister for Health and Children if a medical card will be provided in respect of a person (details supplied) in Dublin 9. [12184/11]
As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
Care of the Elderly
Finian McGrath
Question:140 Deputy Finian McGrath asked the Minister for Health and Children if he will provide a list of groups and organisations of Health Service Executive contacts that assist senior citizens in an area (details supplied). [12191/11]
As this is a service matter it has been referred to the Health Service Executive for direct reply.
Health Services
Dominic Hannigan
Question:141 Deputy Dominic Hannigan asked the Minister for Health and Children further to Parliamentary Question No. 247 of 27 October 2010, if funding has became available to offer this service in County Meath; if this has been communicated to the family concerned; if not, the plans there are to offer this level of service in County Meath; and if he will make a statement on the matter. [12205/11]
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.
Services for People with Disabilities
Dominic Hannigan
Question:142 Deputy Dominic Hannigan asked the Minister for Health and Children the number of group residential homes that operate nationally for adults with physical and sensory disabilities; the locations of same; the terms of reference under which they located in these locations; if there are places in other group residential facilities for adults with physical and sensory disabilities; his plans for the opening of new locations; and if he will make a statement on the matter. [12206/11]
As the Deputy's question relates to service matters I have arranged for the question to be referred to the Health Service Executive (HSE) and I will revert to you with a reply when I receive the relevant information from the HSE.
Medical Cards
John McGuinness
Question:143 Deputy John McGuinness asked the Minister for Health and Children if he will expedite a decision on an application and appeal for a medical card in respect of a person (details supplied) in County Kilkenny. [12208/11]
As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
Health Services
Kevin Humphreys
Question:144 Deputy Kevin Humphreys asked the Minister for Health and Children if he intends to set out a policy endorsing a framework for management of haemochromatosis in the health services; if he will consider an awareness and education campaign or at least a circular to general practitioners to raise awareness of this condition; and if he will make a statement on the matter. [12221/11]
In June 2006, the Report of a Working Group on haemochromatosis was published. It examined the nature and extent of haemochromatosis in Ireland and advised on the actions necessary to address the problems caused by it. The Report makes a series of recommendations relating to the management and treatment of haemochromatosis. The report was circulated to the HSE and other relevant organisations for implementation.
The HSE is currently formulating a programme to ensure that everyone with haemochromatosis will have early access to diagnosis and treatment in every part of the country. This approach will include a programme of awareness among primary and secondary care clinicians including GPs, hospital doctors, nurses in primary, secondary and community care roles, nutritionists and physiotherapists. It is envisaged that access to quality care will be provided by an integrated programme of community-based and hospital-based diagnostic and regular review services. This will be combined with easy-access community-based phlebotomy clinics in appropriate locations throughout the country. Many people with haemochromatosis are eligible to become blood donors, and many already do so both at regular blood donation clinics and especially at a specific clinic held every week by the Irish Blood Transfusion Service. This has been a very successful and welcome development, and it is expected that increased access of donors with haemochromatosis to regular blood donation clinics will form part of the programme.
In addition, a sum of €100,000 was granted to the Irish Haemochromatosis Association, from my Department's National Lottery funding, in December 2010 to support the Association in raising awareness about the condition. The Association, which has around 1,600 members, has an informative website and publishes regular newsletters. With the additional funding it intends to publish and circulate information to GPs, practice nurses and newly diagnosed patients and to create greater awareness of the condition among medical professionals and the general public.
National Drugs Strategy
Michael McCarthy
Question:145 Deputy Michael McCarthy asked the Minister for Health and Children if he will clarify if the budget for the drugs initiative Tackling Problem Drug Use, which was previously held within the Department of Community, Equality and Gaeltacht Affairs, will continue to be available now that the Department of Health and Children is responsible for the national drugs strategy; if there is a commitment to the continued funding of regional drugs task forces; if additional resources will be made available to drugs task forces to deal with the greater workload brought about by the introduction of alcohol under the national substance misuse strategy; and if he will make a statement on the matter. [12222/11]
With effect from 1 May 2011, functions relating to the co-ordination of the National Drugs Strategy, including responsibility for the drugs initiative budget transferred to the Department of Health and Children from the Department of Community, Equality and Gaeltacht Affairs. In excess of €33m has been made available for the Drugs Initiative this year, of which €9.7m has been allocated to support some 134 community-based drugs projects in Regional Drugs Task Force areas.
In the Programme for Government (Government for National Recovery 2011-2016), this Government has committed itself to supporting the principles and objectives of a national strategy to deal with issues relating to the misuse of both drugs and alcohol.
A Steering Group has been working to develop proposals and make recommendations on the alcohol aspects of a National Substance Misuse Strategy. The drugs element of the Strategy is already in place in the National Drugs Strategy 2009-16 which was published in 2009.
The work of the Steering Group is well advanced and I expect that the report and its recommendations will be finalised as quickly as possible. On completion, the Report of the Steering Group will be submitted for consideration and proposals are likely to be put to Government thereafter.
Preschool Services
Bernard J. Durkan
Question:146 Deputy Bernard J. Durkan asked the Minister for Health and Children if having regard to further information consideration will be given for an extra preschool year in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [12257/11]
The free Preschool Year in Early Childhood Care and Education (ECCE) programme was introduced in January 2010 as a universal programme to provide children with a free preschool year, normally in the year before they commence primary school. There is no entitlement under the ECCE programme for a second year of free preschool provision. Where a child has special needs, his or her parents can apply to have the preschool year split over two years on a pro-rata basis, for example availing of the scheme for 2 days a week in the first year and for 3 days a week in the second year. However, I understand that the pro-rata option has not been availed of in the case referred to by the Deputy and the child in question will have availed of the full free preschool provision at the end of this academic year.
Hospital Services
Clare Daly
Question:147 Deputy Clare Daly asked the Minister for Health and Children if he will explain the inconsistent position applied to separated parents in the staff guidelines in relation to obtaining consent for children and young people as used by three children’s hospitals in Dublin, the Health Service Executive document Legal Aspects of Immunisation and Staff Guidelines for Obtaining Consent for Non-Emergency Treatment and Services from Parents of Children and Young People Under the Age of 18 Years; if he will indicate which is the correct approach; and the way he intends to ensure that this is implemented. [12260/11]
Clare Daly
Question:150 Deputy Clare Daly asked the Minister for Health and Children the measures being taken to encourage the physical and legal relationships between children and their fathers with whom they do not live, in view of the recent Equality Tribunal cases which show these relationships being undermined by medical and educational establishments. [12266/11]
Clare Daly
Question:151 Deputy Clare Daly asked the Minister for Health and Children the steps he will take to ensure that the children of separated parents have their right respected to have both parents act jointly on their behalf in cases in which parental consent is required, in accordance with Articles 2.1 and 2.2 of the Convention on the Rights of the Child, and section 6.1 of the Guardianship of Infants Act. [12267/11]
I propose to take Questions Nos. 147, 150 and 151 together.
The issue of consent for the treatment of children is not governed by specific legislation. What is required in a given situation falls to be determined on the basis of the facts of an individual case. In medical emergencies, for example, urgent treatment may be provided to a child in the absence of express consents where it is necessary to save the life of the child. The age of the child is also relevant with this issue being provided for in the Non-Fatal Offences Against the Person Act 1997 for children over 16 years.
The Deputy's questions suggest that there is a lack of consistency with regard to the issue of consent for separated parents between national guidelines developed by the HSE and those being operated by individual hospitals at local level. My Department is advised by the HSE that the issues raised by the Deputy have been the subject of specific consideration with a view to developing guidance on how the complexities of these matters may be addressed. The HSE sought and obtained legal advice on these matters and this is currently under consideration within the Executive.
The legal framework for guardianship is set out in the Guardianship of Infants Act, 1964 and is the responsibility of my colleague, the Minister for Justice and Law Reform.
With regard to contact between children and parents with whom they do not live, the Health Service Executive, the Office of the Minister for Children and Youth Affairs, Ballymun Regeneration Limited, the Family Support Agency and Pobal have recently concluded an agreement to progress the development of a co-funded Child and Family Contact Centre Initiative. The purpose of the initiative is to provide, for a specified period, a child and family contact centre service, to evaluate the impact on children and families of the service and to inform the development of any future child and family contact centre services in the Irish context.
Vaccination Programme
Clare Daly
Question:148 Deputy Clare Daly asked the Minister for Health and Children the reason the Health Service Executive did not follow the guidelines on the HSE website in the consent form for the administration of the swine flu vaccine. [12264/11]
The consent form for the administration of Pandemic (H1N1 2009) Influenza (swine flu) was developed in line with:
(a) consent forms used in previous vaccination campaigns e.g. the meningococcal C vaccine campaign in 2000 and the MMR catch up campaign in 2009.
(b) guidance on consent issues as per the HSE Quality and Risk department as published in Chapter 6 of the Practical Guide to Immunisation 2008
(c) the guide to professional conduct and ethics for registered medical practitioners 7th edition 2009 published by the Medical Council.
Any person presenting for vaccination can give their written consent provided they are over 16 years of age.
Question No. 149 withdrawn.
Questions Nos. 150 and 151 answered with Question No. 147.
Medical Inquiries
Clare Daly
Question:152 Deputy Clare Daly asked the Minister for Health and Children the reason the Health Service Executive has not requested a full internal inquiry into the death of a person (details supplied) in 2010. [12269/11]
When the case was received by HSE, it was assessed using the Investigation Procedure and Toolkit under the HSE established National Incident Management Protocol. The level of the investigation was decided by reference to the National Incident Protocol in light of the information on the case received by HSE. The case has therefore been investigated under that protocol by the HSE. Factors that contributed to this maternal death were identified in this review. To address these contributory factors and to prevent future harm arising from them 11 actions were recommended. The hospital has indicated that 8 of the 11 recommendations have been implemented. Work on the outstanding 3 recommendations is in progress and due for completion shortly.
Clare Daly
Question:153 Deputy Clare Daly asked the Minister for Health and Children if a maternal death of a non-national woman occurred in a hospital (details supplied); and if an investigation is being carried out into the case. [12270/11]
I am informed that a non-national patient who attended the Rotunda Hospital collapsed and was transferred to the Mater Hospital. She subsequently passed away in the Intensive Care Unit in the Mater Hospital on March 8 of this year. A full adverse incident review by the HSE is currently in progress.
Community Care
Clare Daly
Question:154 Deputy Clare Daly asked the Minister for Health and Children further to Parliamentary Question No. 143 of 4 May 2011, the reason the Health Service Executive response contains the inaccurate statement that an organisation (details supplied) is based there under the terms of a sub-lease granted by KADCA; and the steps he will take to ensure that the threat of eviction is withdrawn and such a sub-lease is granted. [12271/11]
As this is a service matter it has been referred to the HSE and I will revert to you with clarification when I receive the reply from the HSE.
Hospital Staff
Seán Kyne
Question:155 Deputy Seán Kyne asked the Minister for Health and Children his views on the Health Service Executive plan to create three new senior management positions for Galway University Hospitals Group; and if so, the rationale for same. [12280/11]
The Galway University Hospitals Group encompasses four sites: Galway University Hospital, Merlin Park, Roscommon and Portiuncla Hospital, Ballinasloe. I believe the recruitment of the three senior managers for the group is a significant step to strengthen and improve performance across the group and within its individual hospitals. I believe that there must be improved performance across the system and that underperformance must be tackled directly by management in the services concerned. There must be capacity at management level in the hospitals to improve and enhance performance and to drive through the reforms planned by Government.
Hospital Services
Seán Kyne
Question:156 Deputy Seán Kyne asked the Minister for Health and Children if he will outline the performance of Galway University Hospital in the latest case-mix review relative to other hospitals in its tier. [12282/11]
As this is a service matter, it has been referred to the HSE and I will revert to the Deputy with a reply.
Asylum Support Services
Jonathan O'Brien
Question:157 Deputy Jonathan O’Brien asked the Minister for Health and Children the number of unaccompanied minors currently residing in hostel accommodation; the number of these hostels; and if he will make a statement on the matter. [11883/11]
Unaccompanied minors seeking asylum are in need of care and protection under the Child Care Act 1991 and are entitled to the same treatment and rights as indigenous young people. The immediate and the ongoing needs of separated children seeking asylum relating to accommodation, medical and social needs as well as their application for refugee status are the responsibility of the Health Service Executive in accordance with the Refugee Act 1996 (as amended) and the Child Care Act 1991. Where children are identified by An Garda Síochána, at the point of entry, as being separated children seeking asylum, they are placed into the care of the HSE.
In accordance with the Implementation Plan on the Report of the Commission to Inquire into Child Abuse 2009, which contained a commitment that the HSE would end the use of separately run hostels for separated children seeking asylum and accommodate children in mainstream care, on a par with other children in the care system, the HSE phased out the hostel type of care arrangement with the provision of care for separated children seeking asylum being provided on a national basis with each child cared for in foster care or a residential care placement or equivalent. These placements are subject to the implementation of national standards. Accordingly, since January 2010, hostels have not been used to accommodate unaccompanied minors.
The HSE has developed a national policy on the standard of services to be provided to separated children seeking asylum. The policy seeks to achieve equity and equality of services to separated children seeking asylum vis-à-vis indigenous or resident children and to ensure that there is no differentiation of care provision, care practices, care priorities, standards or protocols.
The HSE in cooperation with the Refugee Integration Agency, operated by Department of Justice and Law Reform, has agreed a policy for the transfer of separated children into adult services once they reach the age of 18.
Domestic Violence
Jonathan O'Brien
Question:158 Deputy Jonathan O’Brien asked the Minister for Health and Children if he will prioritise and guarantee core funding to frontline domestic violence services; and if he will make a statement on the matter. [11881/11]
The HSE is committed to funding organisations that provide domestic violence services. Frontline services for domestic violence received funding in the order of €14.9 million in 2009. There are no plans to decrease the financial allocation to support domestic violence services.
Legislative Programme
Jonathan O'Brien
Question:159 Deputy Jonathan O’Brien asked the Minister for Health and Children the date on which he will introduce legislation to prohibit the practice of female genital mutilation for the protection of girls and women; and if he will make a statement on the matter. [11872/11]
I am pleased to inform the Deputy that the Criminal Justice (Female Genital Mutilation) Bill 2011 remains on the Seanad Order Paper. The issue of restoration will arise after the new Seanad is formed, and will be pursued as soon as possible.
Sports Capital Programme
John O'Mahony
Question:160 Deputy John O’Mahony asked the Minister for Transport, Tourism and Sport when the Chief State Solicitor will issue legal documentation to enable a sports capital grant to be paid to a club (details supplied) in County Mayo which was granted in 2004; and if he will make a statement on the matter. [12216/11]
Under the sports capital programme, which is administered by my Department, funding is allocated to sporting and community organisations at local, regional and national level throughout the country.
The club in question received an allocation of €60,000 in 2003 and a further allocation of €45,000 in 2004. These grant allocations are subject to the terms and conditions of the Programme, which include the execution of a deed of covenant and charge for grants over a certain threshold. A deed provides, inter alia, for a refund of the grant in the event of the facility not continuing to be used for the purpose for which the grant was allocated. The Department’s legal adviser, the Chief State Solicitor’s Office, deals with the grantee’s solicitor in executing this deed.
My officials contacted the Office of the Chief State Solicitor, on Tuesday 17 May 2011, to ask that the outstanding legalities be attended to as a matter of urgency. In response, the CSSO has assured my officials that the CSSO has prioritised this matter and will provide every possible facility to the grantees and their solicitor to complete the legalities as quickly as possible.
Public Transport
Jack Wall
Question:161 Deputy Jack Wall asked the Minister for Transport, Tourism and Sport the reasons Bus Éireann has determined new bus routes in County Kildare that do not include some of the main towns in the county (details supplied); and if he will make a statement on the matter. [12106/11]
The provision of bus services is a matter for Bus Éireann in conjunction with the National Transport Authority. I have referred the Deputy's question to the company for direct reply. Please advise my private office if there is no reply within ten working days.
Billy Timmins
Question:162 Deputy Billy Timmins asked the Minister for Transport, Tourism and Sport the position regarding metro north; the cost per week and a breakdown of this cost; and if he will make a statement on the matter. [12124/11]
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 Metro North come under the remit of the NTA.
The legislative basis for this is section 11(1)(e) of the DTA Act 2008 “Principal Functions of authority: the principal functions of the authority are to secure the provision of public transport infrastructure”. Notwithstanding the above, I understand from the NTA that their current estimate for Metro North costs in 2011 is of the order of €18 million of which €2.83 million has been spent to end April. The funding for this project comes from the overall capital allocation of €216 million provided by my Department to the NTA for public transport projects in 2011.
This project, together with all capital projects is currently under review as part of the Government's comprehensive spending review.
Road Signage
Michael Healy-Rae
Question:163 Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport the position regarding signage (details supplied) at a new motorway service area at the Mayfield interchange; and if he will make a statement on the matter. [12128/11]
As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme. The planning, design and implementation of individual national roads, including issues relating to signage, are matters for the National Roads Authority (NRA) under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned. Noting this, I have referred the Deputy's question to the NRA for direct reply. Please advise my private office if there is no reply within ten working days.
Public Transport
Joanna Tuffy
Question:164 Deputy Joanna Tuffy asked the Minister for Transport, Tourism and Sport when the Kishogue train station in Lucan, County Dublin will be opened to passengers; and if he will make a statement on the matter. [12145/11]
As Minister for Transport, Tourism and Sport I have responsibility for policy and overall funding in relation to public transport. 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 Kishogue train station, comes under the remit of the NTA.
The legislative basis for this is section 11(1)(e) of the DTA Act 2008: “Principal functions of authority: 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 NTA for direct reply. Please advise my private office if there is no reply within ten working days.
Driving Licences
Bernard J. Durkan
Question:165 Deputy Bernard J. Durkan asked the Minister for Transport, Tourism and Sport the reasons persons are required to undergo separate eye tests for the purposes of driving licence renewal; when this obligation came into force; the exact recipient of the test fees; and if he will make a statement on the matter. [12207/11]
Current rules require that a person applying for a first learner permit for car and motorbike category must submit an eyesight report. In addition, everyone over 70 years of age must submit a medical report which incorporates an eyesight test. Those licence applicants who suffer from serious eyesight diseases, including diplopia, defective binocular vision or serious loss of visual field must also submit a medical report with an application for a driving licence or learner permit. Applicants for truck and bus licence categories must supply a medical report incorporating an eyesight test with every application for a permit or a licence.
Rules regarding eyesight requirements for various categories of driving licence were most recently amended by the Road Traffic (Licensing of Drivers) (Amendment) (No. 2) Regulations 2010 (S.I. No. 544 of 2010). These changes were introduced in order to comply with EU standards. Regular examinations are required for licence renewals in cases where progressive eye diseases have been identified. In practice, where a doctor is satisfied they can certify that eyesight meets the standard. In cases where a doctor has concerns, he or she will refer the person to a consultant or ophthalmologist for further testing. Neither my Department nor any body under the aegis of my Department has any role in determining fees payable to the medical professional.
Regional Airports
Seán Kyne
Question:166 Deputy Seán Kyne asked the Minister for Transport, Tourism and Sport if he will acknowledge that Galway Airport generates more revenue for the State via taxes and charges than it receives by way of subsidies, that it is in fact cost neutral; his plans for regional airports such as Galway Airport in view of their importance for business links, particularly multinationals; and if he will make a statement on the matter. [12279/11]
I fully recognise the value of Galway Airport in terms of the numbers employed directly and indirectly at the Airport and the role that it has played in the economic development of the region. However, I do not accept that it generates more revenue for the State than it receives. Passengers using an alternative airport will spend much the same amount of money on air fares and other expenditure and the tax paid on this will still accrue to the exchequer albeit from another county. The future for Ireland does not lie in borrowing money from the IMF/EU to subsidise jobs that cannot sustain themselves. It lies in substantial, unsubsidised and viable businesses and jobs they support. I do accept, however that spending cuts do take money out of the economy and that can impact negatively on employment. Nonetheless we cannot spend money we do not have.
However, in the current financial crisis, I am faced with dealing with the lack of funding available for the regional airports programme for 2011 and future years following reductions in funding levels made by the previous Government. At the same time, some of the regional airports are becoming more dependant on Exchequer support of some sort.
There is a total allocation of €13.4 million available for the programme for 2011, €11.4 million for current expenditure on the PSO air services, most of which is already committed, and operational losses of the airports and €2 million for capital projects at the airports, which is all committed. This compares to expenditure of €21.2 million on the programme in 2010.
A value for money review published by the previous Government in January 2011 recommended that funding for PSO air services between Dublin and the regional airports be discontinued when current contracts end in July 2011, except for the Donegal-Dublin service. It also recommended that operational and capital expenditure funding be discontinued for Sligo and Galway airports. These recommendations took into account changes in EU legislation, airport performances, the substantial investment in surface transport, overlapping catchment areas, the requirement to make best use of scarce Exchequer resources and the implications for the tourism and business sectors in the regions.
In addressing the lack of funding issue, I have to take into consideration developments in recent years as highlighted in the review and the need to focus on ensuring the sustainability of a strong network of regional airports serving the Irish public, both in terms of business and tourism. While no decisions on the funding of regionals airports for 2011 and future years have yet been made by the current Government, I will be bringing proposals to Cabinet in the coming weeks.
It would be inappropriate at this stage to comment on the possible outcome of the Government's deliberations. However, it is clear that in the current difficult climate, any decisions will have to take account of available Exchequer funds.
Vehicle Registration
Jack Wall
Question:167 Deputy Jack Wall asked the Minister for Transport, Tourism and Sport when a person (details supplied) will be supplied with the necessary documentation; and if he will make a statement on the matter. [12284/11]
I am informed by my Department that the registered owner of a vehicle at the address in question made an application for a duplicate vehicle registration certificate to the local motor tax office on 14 April 2011. Under the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385/1992) an application for a duplicate vehicle registration certificate must be made to the local licensing authority (motor tax office). In this instance, a replacement vehicle registration certificate was issued to the applicant on 15 April 2011. My Department has arranged for the local motor tax office to contact the person to provide any further assistance in the matter.