Finian McGrath
Question:1 Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs his views on a matter (details supplied) regarding human rights issues. [13069/11]
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].
Human Rights Issues
I remain concerned about the political and human rights situation in Sri Lanka. Last year Ireland, along with the other Member States of the European Union, suspended the duty-free access which had been granted to Sri Lankan exports under the Generalised System of Preferences (GSP plus). This was prompted by the refusal of the Sri Lankan authorities to deliver a written undertaking on three human rights conventions dealing with torture, children's rights and civil and political rights.
Ireland is ready to support a discussion with Sri Lanka regarding the steps which it must take to implement the three conventions to allow GSP plus to be re-instated.
A critical issue in any discussion would be the treatment of members of the Tamil population and more broadly, the question of national reconciliation. It is my view that national reconciliation will not be possible without addressing the grievances of the Tamil people. This is borne out by the ongoing exchange of allegations of war crimes and human rights abuses levelled at both parties to the conflict.
To address these allegations, last year UN Secretary General Ban Ki-moon appointed an expert panel, chaired by Marzuki Darusman, the UN's special rights investigator to North Korea, to investigate the allegations. The panel delivered its report to the Secretary General on 12 April. The report states that there are credible allegations of serious violations of international humanitarian law and international human rights law by both the Sri Lankan Government and the Liberation Tigers of Tamil Eelam.
I fully support the call by High Representative Ashton of 10 May for an independent investigation to be undertaken into the allegations of misconduct on both sides, particularly during the final stages of the conflict. As we know from our own experience, such an investigation could make an important contribution to building lasting peace and stability in Sri Lanka. Officials from my Department have recently reiterated this point to their Sri Lankan counterparts.
Middle East Peace Process
John Halligan
Question:2 Deputy John Halligan asked the Tánaiste and Minister for Foreign Affairs when he intends to formally declare recognition of a fully sovereign Palestinian state, as previously indicated; the representations he has made at EU level to secure the Palestinian people’s right to real democracy; and if he will make a statement on the matter. [13070/11]
A number of countries, principally in Latin America and including Brazil, Argentina and Chile, have in recent months decided to recognise a Palestinian state. This is in addition to those states — mostly in Africa or in the Islamic world — which have recognised Palestine for many years. Over thirty years ago, Ireland, in a speech by my predecessor of the day, the late Brian Lenihan, was the first EU Member State to declare that the resolution of the Palestinian issue must involve the establishment of a Palestinian state. That is now the policy of the EU and of the international community. I share the commitment of successive Irish Governments to this policy and will continue to work, both nationally and at EU level, towards its realisation.
It would be premature to declare such recognition now, in advance of actual control of the territory in question, a condition to which we in Ireland attach significance. It is also important to recall that the Palestinian leadership, while clearly working towards the declaration of a State in the near future, have not yet done so. The timing of such a declaration will be an important decision for them to take, and may involve potential negative consequences on the ground.
If the peace process remains stalled, it is widely expected that the Palestinians may in September seek recognition at the United Nations for a Palestinian State. They have made it clear, however, that this would be a last resort, and their preferred option would be the resumption of direct negotiations with Israel, to achieve the State of Palestine through a comprehensive peace agreement.
Separately, a number of EU partners, including Ireland, France, Spain, Portugal and the UK have recently taken steps to upgrade the status of the Palestinian Delegations in their countries, largely in recognition of the continuing progress being made by Prime Minister Fayyad and the Palestinian Authority in building up the institutions of a future Palestinian state. By a decision of the previous Government in January — which I fully endorse — the Palestinian representative office in Ireland was upgraded to Mission status, headed by an Ambassador.
I very much hope to be able to extend Irish recognition of an actual, functioning Palestinian state during my time in office.
Passport Applications
Finian McGrath
Question:3 Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs the position regarding passports (details supplied). [13074/11]
The Passport Office provides a comprehensive range of options for citizens to apply for passports directly themselves. Applications may be made through the Passport Express Service through some 1,000 post offices across the country and some 70 postoffices in Northern Ireland as well as through the ordinary post. The Passport Express Service ensures easy and local access to the passport services for citizens across Ireland through the local post office and is the fastest and most efficient means of obtaining a passport. A public counter service is also available in Dublin and Cork. The special passport facility whereby Oireachtas members could submit passport applications on behalf of their constituents was discontinued in January 2010. This service involved allocating staff to deal with this particular category of passports to the detriment to the service to the general public and there are no plans to re-instate it.
Thomas P. Broughan
Question:4 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Foreign Affairs if he will review the operation of An Post’s passport service in view of the delays that some citizens are experiencing in using this service; and if he will make a statement on the matter. [13147/11]
Terence Flanagan
Question:5 Deputy Terence Flanagan asked the Tánaiste and Minister for Foreign Affairs the position regarding passport processing times (details supplied); and if he will make a statement on the matter. [13152/11]
I propose to take Questions Nos. 4 and 5 together.
Due to a surge in demand, the turnaround time for passport express applications received through the Passport Express system is currently running between 11 and 13 working days. It normally takes 10 working days. The Passport Express service is available for passport applications lodged in Ireland only. The Passport Service regrets the delay and any difficulties caused in this regard. Notice of the current extended turnaround time and its likely duration has been published on the Passport Service website http://www.passport.ie/. The Passport Office has also informed An Post so that customers can be advised of the situation at the point of application. An Post bears no responsibility for the current delays.
During the peak summer period, application processing times for this service can lengthen and the processing period for ordinary post applications is currently six weeks or longer. In such circumstances, priority continues to be given to applications made through the Passport Express Service.
Passport demand in general is currently running at a level 13% higher than the same period in earlier years. At present the Passport Service is receiving an average of 4,260 applications per day. This is an unprecedented level of demand, with the number of applications received from Irish residents alone in two recent days at over 5,200, exceeding by 700 the highest number previously for any one single day.
The largest increase has been observed in passports for children between the ages of 3 and 18 and is running 16% over previous years.
The system is also coping with an unprecedented demand for passports at short notice, with some 350 people per day coming to the public office seeking passports within a period of less than 10 days. To protect the integrity of the system and the quality of the passport, the Passport Service cannot provide standard passports within a single day. The shortest turnaround time available is three working days for applications received over the public counter accompanied by proof of travel, other than in cases of genuine emergency.
The processing of a passport is a complicated and highly skilled process. Irish passports are among the most advanced in the world. Each passport contains biometric technology to assist with identity verification and to provide a high level of security. The Office has also recently strengthened the passport issuing process by providing further safeguards against fraudulent applications.
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 delays being experienced at present are not related to the operation of An Post's passport service and I see no necessity to review the An Post service in this regard.
We would strongly appeal to the public to assist the Passport Service by checking the validity of their passports before making bookings to travel abroad. A valid passport should be the first item on any check list when considering foreign travel.
Joe Costello
Question:6 Deputy Joe Costello asked the Tánaiste and Minister for Foreign Affairs further to Parliamentary Question No. 28 of 19 May 2011, the reason for the delay in issuing a passport in respect of a person (details supplied). [13153/11]
Due to peak seasonal demand on all passport services at present, passport applicants may experience some delays in the delivery of their selected passport service. This is very much regretted. This is due to high demand on passport services which so far this year is currently running at a level 13% higher than the same period in previous years. To cope with this, additional temporary staff have been recruited and overtime is being provided. It is intended that these measures will bring processing times in respect of all passport services back to normal in the next few weeks. In the case of the person in question, an application for a passport was made to the Passport Office in Balbriggan through the ordinary post passport service on 12 April. Applications made through this service do not have a guaranteed turnaround service, as is the case for the Passport Express service, referred to in Question No.28 of 19 May 2011. During the peak summer period, application processing times for this service can lengthen and the processing period for ordinary post applications is currently six weeks or longer.
This person was in contact with the Passport Service on 9 May and 16 May to advise that she is travelling on 5 June. On this basis, her passport application is on schedule to be processed by this date. The Passport Officer in Balbriggan, Mr. Kevin Walzer, would be glad to provide the applicant with an update in regard to her application. He may be contacted at kevin.walzer@dfa.ie.
Flood Relief
Jim Daly
Question:7 Deputy Jim Daly asked the Minister for Finance if he has received an application for compound channelling to the Bandon River and the Bridewell River located at Bandon, County Cork, on behalf of Cork County Council; when a decision will issue; and if he will make a statement on the matter. [13080/11]
An application was received from Cork County Council in April, 2011 requesting funding to carry out river cleaning works on the Bandon River in the vicinity of Bandon Town under the Minor Flood Mitigation Works Scheme. A reply issued to the Council on 17th May, 2011 indicating that the Office of Public Works is not prepared to approve funding for this application, at this time, as a Feasibility Study is currently underway in relation to the flooding issues in Bandon. This study will provide the basis on which further decisions will be made in relation to any possible flood relief measures for the town, including dredging of the channel. The study will be completed later this year.
Commercial Rates
Tom Fleming
Question:8 Deputy Tom Fleming asked the Minister for Finance if he will request the Valuation Office to revisit the issue of rates on commercial properties as it is having a devastating affect on jobs and small business in the country. [13072/11]
As the Deputy is aware the levying of commercial rates is a matter for local authorities. The role of the Valuation office is to value all commercial properties for the purposes of the calculation of rates by the local authorities. The valuation of a property is multiplied by the annual rate on valuation, set by the local authority, to give the amount of commercial rates payable per annum. The Valuation Act, 2001 which came into effect on 2nd May, 2002, provides that all buildings used or developed for any purpose including constructions affixed thereto are rateable unless expressly exempted under Schedule 4 of the Act. Such exempt buildings would principally include those used for public worship, education and health care provided on a not-for-profit basis, and charitable purposes.
The basis of valuation for all commercial property, including small businesses, is net annual value, i.e. the rental value of the property. Valuation revisions set for modified or new properties are determined by reference to the values of comparable properties on the same valuation list.
The legislation also provides for the revaluation of all commercial and industrial property in the State and the Commissioner of Valuation, who has sole responsibility for all valuation matters under the Act, is implementing the revaluation programme on a nationwide basis. The purpose of revaluation is to bring more equity, fairness and transparency into the local authority rating system. I am satisfied that, following completion of the programme, there will be a much closer and uniform relationship between rental values of property and their commercial rates liability and that this relationship will thereafter be maintained by means of recurring revaluations provided for in the Act.
Under the 2001 Act, the commercial rates income of the local authority will be capped in the year following a revaluation. Any increase will be limited to the rate of inflation. The purpose of revaluation is to redistribute the commercial rates liability more equitably between ratepayers rather than to increase the total amount of commercial rates collected by a local authority.
The revaluation programme began in November 2005 in the South Dublin County Council area and has since been rolled out to the areas covered by Fingal and Dún Laoghaire-Rathdown County Councils. The revaluation of South Dublin was completed in December 2007, Fingal was completed in 2009 and Dún Laoghaire-Rathdown was completed in 2010. In the next phase, the revaluation of the Dublin City Council area commenced with the signing of the Valuation Order on 5th May, 2011. This will entail the valuation of circa 25,000 properties and the new list will be published in December 2013. It is intended to roll out the programme to further local authority areas later in 2011 and the necessary process of consultation, as provided for under the Act, is underway with local authorities of Waterford, i.e. Waterford City and County Council and Dungarvan Town Council. Preliminary work is also underway on the revaluation of Limerick City.
The Commissioner is actively reviewing options which might hold potential for accelerating the delivery of the revaluation programme within a shorter timeframe. While I have no immediate plans to amend the Valuation Act 2001, my officials are reviewing various provisions of the Act to achieve greater efficiencies, including streamlining the appeals process. I should emphasise again that while the list of rateable valuations produced and maintained by the Valuation Office are the basis on which rates are levied, the amount of rates to be collected is a matter for each local authority to decide.
Public Procurement Contracts
Joanna Tuffy
Question:9 Deputy Joanna Tuffy asked the Minister for Finance if his attention has been drawn to the fact that there are companies that are not compliant with registered employment agreements or with the requirements in relation to the construction workers’ pension scheme who are being given contracts to build publicly funded construction projects; and if he will ensure that such companies are prevented from applying for publicly funded construction projects until fully compliant; and if he will make a statement on the matter. [13125/11]
It is the responsibility of each contracting authority to ensure that contractors comply with the provisions in the Public Works Contracts in relation to pay and conditions of employment of all personnel working on public projects. These contracts were developed by my Department as part of the Construction Procurement Reform Initiative. Clause 5 of the Public Works contracts, require main contractors and all subcontractors employed by main contractors to comply with the rates of pay and conditions of employment including pension contributions in employment agreements registered under the Industrial Relations Acts 1946 to 2004. The one exception is in regard to the registered agreement for pensions where a firm registered in another Member State and working in this country has employees temporarily posted from that other jurisdiction and who subscribe to a national pension scheme in their own country, then the firm or its employees do not have to subscribe to the Irish pension scheme.
The Public Works Contracts also requires a main contractor to provide a certificate of compliance (titled ‘Rates of Pay and Conditions of Employment Certificate') with each interim statement submitted (normally on a monthly basis). Failure to provide this compliance certificate will result in payment not being made by the contracting authority. If a main contractor provides a certificate of compliance and it is subsequently found to be untrue or partly untrue the contracting authority has the right to deduct the money relating to the work or part of the work covered by the certificate from any sums due to the main contractor. This money can be withheld until the pay and conditions of employment issue is made right. The ultimate sanction if a main contractor continues to be non-compliant is for the main contract to be terminated.
Under a Public Works Contract a contracting authority has the right, whenever it is deemed necessary, to access data and records on pay and conditions for work persons employed on the site. In the case of capital works projects in excess of €30 million and with a contract duration in excess of 18 months, contracting authorities provide in their contracts for random checks of the records of contractors and sub-contractors to assess compliance with the requirements of the Registered Employment Agreement, as appropriate.
Joanna Tuffy
Question:10 Deputy Joanna Tuffy asked the Minister for Finance the steps he will take to ensure compliance by construction companies with registered employment agreements and the construction workers’ pension scheme before those companies are approved for tender of any works that are publicly funded, including hospitals and schools by having inspectors investigate those companies beforehand; and if he will make a statement on the matter. [13126/11]
In order to ensure greater participation of small to medium sized enterprises in tendering for public works contracts a threshold of €250.000 and below has been set where only the open procedure is to be used. This means that tenderers' suitability is assessed at the same time as their tender prices. It is a requirement that tender documents for public works projects state that the standard Public Works Contract is to be used at award stage. The standard Public Works Contract has specific provisions included in it dealing with pay and conditions of employees employed by the main contractor and its sub-contractors.
Under the Treaty principles and EU procurement directives contracting authorities must conduct their procurement affairs in a transparent and non-discriminatory way. This is to ensure that companies interested in tendering for public works projects from another member state are permitted to do so even though they cannot demonstrate compliance with our registered employment agreements because they have not worked here before.
The body that is responsible for carrying out inspections regarding compliance with the agreements is the National Employments Rights Authority (NERA). Firms found by NERA to be non-compliant are prosecuted in the courts.
Tax Code
Paschal Donohoe
Question:11 Deputy Paschal Donohoe asked the Minister for Finance if he will consider including yoga studios in the sports and recreation facilities in the finance Bill to enable these businesses to enjoy a lower rate of VAT; and if he will make a statement on the matter. [13144/11]
VAT is charged on the supply of goods and services, and the rate applying is subject to the requirements of EU VAT law with which Irish VAT law must comply. The provision of sporting facilities is among a number of tourist related services being made subject to a new temporary lower reduced VAT rate of 9% from 1 July next. All other goods and services that apply at a reduced rate will continue to be liable at the 13.5% rate. I am advised by the Revenue Commissioners that certain goods and services that were at a reduced rate of VAT on 1 January 1991, under the provision of Article 118 of Council Directive 2006/112/EC, cannot be reduced below 12%; these are known as parked goods and services. It is not possible to apply the 9% VAT rate to services consisting of the care of the human body supplied in the course of a health studio business or similar business, such as a yoga studio, since this service is the subject of a parked rate. The rate of VAT on the provision of facilities for taking part in sporting activities by a person other than a non-profit making organisation can be reduced to 9% since this service was not the subject of a parked rate.
Tax Collection
Bernard J. Durkan
Question:12 Deputy Bernard J. Durkan asked the Minister for Finance if he will clarify the position in relation to tax liability in the case of a person (details supplied) in County Kildare in respect of their invalidity pension in view of the fact they have an adult dependent partner and two dependent children; and if he will make a statement on the matter. [13188/11]
The position is that the invalidity pension which is a payment from the Department of Social Protection is a taxable source of income. I am advised by the Revenue Commissioners that they will contact the taxpayer in question directly with regard to his personal tax credits.
Cross-Border Projects
Maureen O'Sullivan
Question:13 Deputy Maureen O’Sullivan asked the Minister for Finance if he will explain the way the proposal from a group (details supplied) does not meet the eligibility criteria of his reconciliation anti-sectarianism fund in view of the fact this group are already working with the most hard to reach loyalists groups in Northern Ireland, already involved in a cross-community network of women from north Belfast and Derry and also in a sensitive exchange between ex-combatants from north Belfast loyalists and Derry-Letterkenny republicans; if he will provide a list of the projects funded in this round and explain the way they meet the eligibility criteria. [13214/11]
My Department is the supervising Department, in cooperation with the Department of Finance and Personnel Northern Ireland, for the Special European Union Programmes Body (SEUPB), a north-south body established under the Good Friday Agreement. The SEUPB is responsible for managing the cross-border PEACE and INTERREG programmes which are both co-funded by the EU. The SEUPB has advised that an application, of which the group was a co-applicant, was rejected in June 2010. This application was under theme 1.2 (acknowledging and dealing with the past) of the PEACE III programme. Theme 1.2 is managed for the SEUPB by the consortium of Pobal and the Community Relations Council of Northern Ireland.
PEACE funding allocation is based on a comprehensive and robust application and approval process. The process involves full project appraisal and scoring which is based on specific criteria relating to the overall aims, priorities and themes of the programme as well as a number of non-specific criteria such as value for money/value added, need and contribution to a number of cross cutting themes.
All funding applications are subject to the above process which ensures that funding is allocated in an effective manner. After a thorough assessment, the decision on whether or not to allocate funding to an application is taken by a Steering Committee, which is composed of nominated representatives of various government and public sector organisations both in Ireland and Northern Ireland, as well as representatives from civil society and the voluntary sector.
The Steering Committee determined that the application in question, for a project entitled ‘Living History', failed to meet the minimum threshold necessary for the Programme Specific Criteria. The Programme Specific Criteria for the theme 1.2 (acknowledging and dealing with the past), under which the application was submitted, include:
Evidence of how the project contributes to the overall objective of the Programme, which is to reinforce progress towards a peaceful and stable society and to promote reconciliation.
Evidence of how the project contributes to Priority 1: Reconciling Communities, Theme 1.2, Acknowledging and Dealing with the Past.
Assessment on whether the project is targeted at a clearly identified area that has been affected by the conflict and has experienced particular problems of segregation, marginalisation and isolation.
The intention to work with any of the target groups named in the Operational Programme.
The application also failed to meet the efficiency and effectiveness criteria, which was assessed on the basis of the information provided within the application and of an Economic Appraisal specific to the project conducted as part of the assessment process.
Following a decision by the Steering Committee, applicants have a period of four weeks from the date of issue of the letter of rejection to appeal the decision and ask for a review of the application. This procedure was outlined to the lead applicant during a meeting with the Community Relations Council, in which the reasons for rejection of the application were explained in detail. The lead applicant did not request a review of the application.
A list of the beneficiaries of the PEACE and INTERREG programmes is available on the SEUPB website at the following address: http://www.seupb.eu/programmes2007-2013/beneficiaries.aspx.
Expenditure Reviews
Dan Neville
Question:14 Deputy Dan Neville asked the Minister for Education and Skills if a school (details supplied) in County Limerick can continue in its present complement; and if he will make a statement on the matter. [13058/11]
I take it that the Deputy's question relates to this school in the context of the value for money review on small schools which is under way at present. The value for money review on small schools is part of the normal review processes undertaken by all Departments on an annual basis on selected areas of expenditure and is being conducted in line with the standard procedure for value for money reviews. These procedures require that the views of stakeholders be obtained and the public consultations were designed to achieve this aim. This was done by issuing a direct invitation to relevant interest groups to provide a submission. The interest groups included the school patron bodies, management bodies, teacher unions, national parents' council, Irish language groups and other groups who operate in the area of social inclusion.
A letter, inviting submissions, issued on 8th February 2011 to these interest groups and a deadline for reply was given for 18th March 2011. As these groups represent a wide spectrum of membership it could be reasonably expected they would communicate with their membership in regard to the review. In addition to the direct letter of invitation issued to these groups, a general invitation for submissions was posted on the Department's website also at the same time. Indeed the large response of in excess of 1,000 submissions seems to support the view that there is high general awareness of the review and a lot of interest in it.
The review will attempt to explore the general policy options for re-organisation of small schools including the sharing of resources and clustering arrangements towards small schools. I think it is important to clarify that this study is part of an overall requirement across all Government Departments to have a rolling programme of such studies.
This review was initiated last October by the previous Fianna Fail — Green Party Government and is not driven by any ideology. The study is simply about ascertaining the facts to inform future policy. It does not mean that any policy decision has been taken at this point or that any particular outcome is sought. Given that the Government has recently announced a Comprehensive Review of Expenditure, all Government expenditure and programmes will come under similar scrutiny.
The terms of reference acknowledge the important role primary schools play in their local communities. In considering any policy change in relation to small schools, the Department of Education and Skills is conscious that there is a wider dimension to be considered in addition to the cost of maintaining small schools.
Among the issues that will need to be taken into account are questions such as availability of diversity of provision, ethos of schools, parental choice, language of instruction, travel distances, transport costs and the impact of schools on dispersed rural communities. The review will examine the locations of small schools relative to each other and to other schools of a similar type. It will also examine the costs of running small schools and the educational outcomes associated with small schools.
Educational quality for the students must be one of the main criteria in any consideration of primary school size. We must also consider the needs of local communities and wider social and cultural factors. Decisions on school provision and reorganisation must be widely perceived to be cost-effective, equitable and reasonable. These decisions need to be based on a rigorous evaluation of requirements and needs, not just at a local level but also at both regional and national levels.
With regard to the specific school referred to by the Deputy the existing rules and current sustainability limits will continue to apply and there are no plans at this time to close this school.
Schools Building Projects
Noel Coonan
Question:15 Deputy Noel Coonan asked the Minister for Education and Skills the position regarding a school (details supplied) in County Tipperary which has applied for major capital funding; the timeframe for completion of works; the works to be completed; and if he will make a statement on the matter. [13076/11]
I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding for an extension. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned a band 3.1 rating.
Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, is available on the Department's website at www.education.ie.
The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on the Department's website.
The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of the Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.
Noel Coonan
Question:16 Deputy Noel Coonan asked the Minister for Education and Skills the progress that has been made in relation to building works in respect of a school (details supplied) in County Tipperary; and if he will make a statement on the matter. [13077/11]
The project to which the Deputy refers is at an advanced stage of the tender process. Subject to no issues arising, it is envisaged that the project will proceed to construction in the coming months.
Departmental Schemes
Jim Daly
Question:17 Deputy Jim Daly asked the Minister for Education and Skills the assistance he will make available to a student who has to enrol in a boarding school 25 miles from home to complete their fifth and sixth years of secondary schooling through the medium of Irish in view of the fact that it is only available at their local school up to junior certificate level; and if he will make a statement on the matter. [13079/11]
My Department provides a Remote Area Boarding Grant for pupils who are educationally disadvantaged, because of their remoteness from schools, in order to provide an opportunity for them to attend school on the same basis as other pupils not so disadvantaged.
Grants are paid for pupils whose normal place of residence is outside the range of public transport services to a school providing suitable free second-level education.
To qualify for a boarding grant, an applicant must be:
normally resident in the State; and
resident at least 4.8 km from a second-level school where suitable free second-level education is available and more than 3.2 km from a pick-up point on a transport service to such a school; and
unable to obtain a place in a suitable second-level school within 25 km of his/her normal place of residence.
An application form for a grant under the scheme is available on my Department's website.
Schools Building Projects
Dan Neville
Question:18 Deputy Dan Neville asked the Minister for Education and Skills if he will review an application in respect of a school (details supplied) in County Limerick; and if he will make a statement on the matter. [13084/11]
I can confirm that the school referred to by the Deputy was approved funding for 2 mainstream classrooms in 2010 to meet its accommodation needs. My Department has no record of having received correspondence from the school relating to the matter contained in the details supplied by the Deputy. Any correspondence received will be considered and a response will be provided to the school.
John McGuinness
Question:19 Deputy John McGuinness asked the Minister for Education and Skills his plans to provide second level schools (details supplied); if funding will be made available for such a secondary school in Kilkenny city; and if he will make a statement on the matter. [13086/11]
My Department has recently announced plans to open at least 13 new post-primary schools over the next five years in the following locations — Gorey, Doughiska (Galway), Lucan (Clonburris), Kingscourt, Ashbourne, Mulhuddart, Blanchardstown West, Drogheda, Claregalway, Maynooth, Naas, Navan and North County Dublin/South County Louth.
The Forward Planning Section of my Department is currently examining all areas of the country to determine where additional provision will be required at both primary and post primary level up to 2017. Overall post-primary requirements in the Kilkenny area will be fully considered in this context.
The Programme for Government gives a commitment to move towards a more pluralist system of patronage at second level, recognising a wider number of patrons. It is my intention to address this policy and I will consider the role that all patron bodies can play in ensuring our education system caters for a pluralism of choice which reflects the needs of Ireland today and into the future.
Schools Amalgamation
John McGuinness
Question:20 Deputy John McGuinness asked the Minister for Education and Skills the progress made in relation to a school amalgamation (details supplied); if the design team are advanced in their work; when the final plan is likely to emerge; the time frame to construction phase; and if he will make a statement on the matter. [13087/11]
The building project for the school referred to by the Deputy is currently at an early stage of architectural planning.
The Stage 1 submission which incorporates Preliminary Design was received on 9th May and is currently being reviewed by my Department. Subject to no issues arising in relation to the stage 1 submission it is envisaged that the project will thereafter advance to completion of stage 2(a) — Developed Sketch Design and stage 2(b) which will include applications for planning permission and other statutory approvals.
Until planning permission has been secured and stage 2(b) of architectural planning has been completed, it will not be possible to give an indication of the timeframe for completion of the subsequent tender and construction stages.
Departmental Schemes
John McGuinness
Question:21 Deputy John McGuinness asked the Minister for Education and Skills if funding allocated to schools in County Kilkenny under the water conservation scheme have received that funding; and if he will make a statement on the matter. [13088/11]
42 Primary Schools and 10 Post Primary Schools in County Kilkenny were allocated funding under my Department's Water Conservation Scheme. The Management Authorities of the schools in question were informed of the terms and conditions of the scheme in an approval letter issued in October 2010.
To date 29 schools have drawn down funding under the scheme and the balance of funding allocated will be paid out as soon as the remaining schools meet the drawdown criteria
School Staffing
Dessie Ellis
Question:22 Deputy Dessie Ellis asked the Minister for Education and Skills his plans to renew the contracts of librarians working in primary schools for the year 2011-12 and if so, when. [13104/11]
The Junior Certificate Schools Programme (JCSP) includes a Demonstration Library Project. This project establishes high quality, fully stocked and equipped modern school libraries and provides each with a professional librarian.
There are 31 Librarians working with this project and I am pleased to say that all of these Librarians will be retained for a further academic year 2011/2012. The contracts will be renewed from September 1st 2011 when they will fall due for renewal.
Dessie Ellis
Question:23 Deputy Dessie Ellis asked the Minister for Education and Skills his plans to cut funding for resource teacher for Travellers programme at a school (details supplied) and if he will provide details of same. [13105/11]
I wish to advise the Deputy that the decision to withdraw Resource Teacher for Travellers (RTT) was taken by the previous Government as part of the last budget. The requirement to make expenditure savings and to ensure that staffing numbers remain within the Public Service Employment Control Framework prevent me from re-visiting this decision.
Resource Teacher for Traveller posts-Teaching Hours for Traveller pupils will be withdrawn, effective from 31st August 2011. Traveller pupils who are eligible for learning support teaching should receive this tuition through the existing learning support provision in schools. All schools should select students for learning support on the basis of priority of need.
Limited alleviation or adjustment measures are being provided to assist schools that have high concentrations of Traveller pupils who were previously supported by Resource Teachers for Travellers.
In respect of DEIS, (Developing Equality of Opportunity in Schools), Traveller enrolments have been included in the valid enrolment for the purpose of allocating additional staffing under DEIS from the 2011/12 school year. The schools involved have already received their staffing allocations for next year.
For schools other than DEIS schools in receipt of enhanced pupil teacher ratios, alleviation measures are being provided to assist schools with high concentrations of Traveller pupils who were previously supported by RTT posts. Any alleviation measures must be considered in the context of the limited resources that are available to my Department. As such, alleviation measures are being concentrated on schools which had 33 or more pupils supported by RTT posts, based on 2009/10 school year enrolments.
With regard to schools which have fewer than 33 Traveller pupils previously supported by RTT posts, within the context of the limited resources which are available and taking into account Government policy and the Employment Control Framework, my Department will consider whether further limited alleviation measures can be provided for schools for whom it can be demonstrated that they have been disproportionately effected by the alleviation/adjustment measures outlined above, in comparison to schools of a similar size and circumstances.
Dessie Ellis
Question:24 Deputy Dessie Ellis asked the Minister for Education and Skills his plans to cut funding for resource teacher for Travellers programme at a school (details supplied); and if he will provide details of same. [13106/11]
I wish to advise the Deputy that the decision to withdraw Resource Teacher for Travellers (RTT) was taken by the previous Government as part of the last budget. The requirement to make expenditure savings and to ensure that staffing numbers remain within the Public Service Employment Control Framework prevent me from re-visiting this decision.
Resource Teacher for Traveller posts-Teaching Hours for Traveller pupils will be withdrawn, effective from 31st August 2011. Traveller pupils who are eligible for learning support teaching should receive this tuition through the existing learning support provision in schools. All schools should select students for learning support on the basis of priority of need.
Limited alleviation or adjustment measures are being provided to assist schools that have high concentrations of Traveller pupils who were previously supported by Resource Teachers for Travellers.
In respect of DEIS, (Developing Equality of Opportunity in Schools), Traveller enrolments have been included in the valid enrolment for the purpose of allocating additional staffing under DEIS from the 2011/12 school year. The schools involved have already received their staffing allocations for next year.
For schools other than DEIS schools in receipt of enhanced pupil teacher ratios, alleviation measures are being provided to assist schools with high concentrations of Traveller pupils who were previously supported by RTT posts. Any alleviation measures must be considered in the context of the limited resources that are available to my Department. As such, alleviation measures are being concentrated on schools which had 33 or more pupils supported by RTT posts, based on 2009/10 school year enrolments.
With regard to schools which have fewer than 33 Traveller pupils previously supported by RTT posts, within the context of the limited resources which are available and taking into account Government policy and the Employment Control Framework, my Department will consider whether further limited alleviation measures can be provided for schools for whom it can be demonstrated that they have been disproportionately effected by the alleviation/adjustment measures outlined above, in comparison to schools of a similar size and circumstances.
Preschool Services
Dessie Ellis
Question:25 Deputy Dessie Ellis asked the Minister for Education and Skills his plans to cut funding for the Early Start programme at a school (details supplied); and if he will provide details of same. [13107/11]
The Early Start Programme which was launched in 1994-95 is a targeted intervention for preschool children at risk of educational disadvantage. The Early Start units are located in Primary Schools and while my Department is supporting an Early Start unit in Ballymun, it is not located in Trinity Comprehensive, Main Street, Ballymun. If the Deputy could forward the roll number of the school or further information on the Early Start unit he is inquiring about, I will have further inquiries made.
Dessie Ellis
Question:26 Deputy Dessie Ellis asked the Minister for Education and Skills his plans to cut funding for Early Start programme at a school (details supplied); and if he will provide details of same. [13108/11]
The Early Start Programme which was launched in 1994-95 is a targeted intervention for preschool children at risk of educational disadvantage. The Early Start units are located in Primary Schools and while my Department is supporting Early Start units in Finglas, they are not located in St Joseph's Girls School. If the Deputy could forward the roll number of the school or further information on the Early Start unit he is inquiring about, I will have further inquiries made.
Special Educational Needs
Joanna Tuffy
Question:27 Deputy Joanna Tuffy asked the Minister for Education and Skills the services available for children with autism living in Lucan, County Dublin; and if he will make a statement on the matter. [13121/11]
The Deputy may be aware that the National Council for Special Education (NCSE) is responsible for the provision of a range of educational services at local and national level for students with special educational needs. In particular, its network of Special Education Needs Organisers (SENOs) co-ordinates special needs education provision at local level and arranges for the delivery of special educational services. They act as single points of contact for parents of students with special educational needs. Another specific function of the SENO is to identify appropriate educational placements for children with special educational needs. I have therefore referred this query to the NCSE for their attention and direct reply to the Deputy.
My Department's policy is focused on ensuring that all children including those with autism can have access to an education appropriate to their needs, preferably in school settings through the primary and post primary school network. This facilitates access to individualised education programmes, fully qualified professional teachers who may draw from a range of autism-specific interventions, special needs assistants, and the appropriate school curriculum with the option where possible of full/partial integration and interaction with other pupils. As each child with autism is unique it is important that children have access to a range of interventions so their broader needs can be met. For example some children may be supported in a special class attached to a mainstream school. These students have the option, where appropriate, of full-partial integration and interaction with other pupils. Other children may have such complex needs that they are best placed in a special school. Students with special educational needs have access to a range of support services including additional teaching and/or care supports. In special schools and special classes, students are supported through lower pupil teacher ratios. Special needs assistants may also be recruited specifically where pupils with disabilities and significant care needs are enrolled.
Psychological Service
Michael McGrath
Question:28 Deputy Michael McGrath asked the Minister for Education and Skills when an educational psychologist’s report will be prepared in respect of a child (details supplied) in County Cork. [13128/11]
As the Deputy will be aware all primary and post-primary schools have access to psychological assessments either directly through the National Educational Psychological Service (NEPS) or through the Scheme for Commissioning Psychological Assessments (SCPA). Schools that do not currently have NEPS psychologists assigned to them may avail of the SCPA, whereby the school can have an assessment carried out by a member of the panel of private psychologists approved and paid for by NEPS.
In common with many other psychological services and best international practice, NEPS encourages a staged assessment process, whereby each school takes responsibility for initial assessment, educational planning and remedial intervention, in consultation with their assigned NEPS psychologist. Only if there is a failure to make reasonable progress in spite of the school's best efforts, will a child be referred for individual psychological assessment. This system allows the psychologists to give early attention to urgent cases and also to help many more children indirectly than could be seen individually. It also ensures that children are not referred unnecessarily for psychological intervention.
I have made inquiries with my Department's National Educational Psychological Service in relation to the pupil referred to in the Deputy's question and can confirm that no approach has been made by school authorities in relation to the current assessment or review of the child. The NEPS service is available to provide any relevant assistance requested by school authorities in this instance and I would suggest that the child's parents raise the matter with the school principal.
Higher Education Grants
Michael McGrath
Question:29 Deputy Michael McGrath asked the Minister for Education and Skills the position regarding the eligibility for a post leaving certificate student grant for a level 5 course; if that person has previously completed a level 5 course without grant support. [13129/11]
Under the terms of the relevant student grant scheme, students who are entering approved post leaving certificate courses for the first time are eligible for grants where they satisfy the prescribed conditions including those relating to progression.
In general, students who previously pursued a course of study are not eligible for grant assistance for a second period of study at the same level, irrespective of whether or not a grant was paid previously. Subject to the conditions of the individual schemes, grants are available where students are progressing to a course at a higher level.
The main objective of this policy is to assist as many students as possible in obtaining one qualification at each level of study. Given the level of demand on the student grant schemes budget from first time students and students that are progressing with their studies to a higher level, there are no plans at present to change the arrangements in place.
School Management
Niall Collins
Question:30 Deputy Niall Collins asked the Minister for Education and Skills the procedure for a parent to complain about a school principal and or board of management to his Department; to whom and the location to which such a complaint should be made; and if he will make a statement on the matter. [13139/11]
I wish to advise the Deputy that the 1998 Education Act provides the legal framework for the delivery of education to children through recognised schools. All recognised schools are legally owned by the school patrons or trustees and managed by a school's Board of Management which is also the employer of teachers in a school.
If a parent wishes to make a complaint against a teacher or school they should contact the relevant school authorities. The complaint procedures adopted by most schools are those that have been agreed between the teacher unions and school management bodies. The details of these procedures for primary and post primary schools are in Appendices.
While the Minister for Education and Skills provides funding and policy direction for schools, neither I nor officials of my Department have powers to investigate individual complaints, except where the complaint involves a refused enrolment, expulsion or suspension, in accordance with Section 29 of the 1998 Education Act.
Section 29 of the Education Act 1998 provides for an appeal by a parent or guardian to the Secretary General of my Department, or in the case of a Vocational Educational Committee (VEC) school to the VEC in the first instance, where a Board of Management of a school, or a person acting on behalf of the Board, refuses to enrol a student in a school, expels a student or suspends a student for 20 or more days in any school year.
The Office of the Ombudsman for Children may independently investigate complaints about schools recognised with the Department of Education and Skills, provided the parent has firstly and fully followed the school's complaints procedures. The key criterion for any intervention by the Ombudsman for Children is that the action of the school has had a negative affect on a child. The office can be contacted at Ombudsman for Children's Office, Millennium House, 52-56 Great Strand Street, Dublin 1, (Phone) 1800 20 20 40 or (01) 8656800, E-mail oco@oco.ie.
Further guidance to parents on progressing a concern in relation their child's school is available on the Guide to Services Page of my Department's website at www.education.ie
Appendix 1
INTO/CPMSA Complaints Procedure Guidelines for Primary Schools.
INTO/CPSMA COMPLAINTS PROCEDURE
The Irish National Teachers' Organisation and the Catholic Primary School Managers' Association reached agreement in 1993 on a procedure for dealing with complaints by parents against teachers. The purpose of the procedure is to facilitate the resolution of difficulties where they may arise in an agreed and fair manner. The agreement lays out in five stages the process to be followed in progressing a complaint and the specific timescale to be followed at each stage.
Introduction
Only those complaints about teachers which are written and signed by parents/guardians of pupils may be investigated formally by the Board of Management, except where those complaints are deemed by the Board to be:
(i) on matters of professional competence and which are to be referred to the Department of Education;
(ii) frivolous or vexations complaints and complaints which do not impinge on the work of a teacher in a school; or
(iii) complaints in which either party has recourse to law or to another existing procedure.
Unwritten complaints not in the above categories may be processed informally as set out in Stage 1 of this procedure.
Stage 1
1.1 A parent/guardian who wishes to make a complaint should, unless there are local arrangements to the contrary, approach the class teacher with a view to resolving the complaint.
1.2 Where the parent/guardian is unable to resolve the complaint with the class teacher she/he should approach the Principal with a view to resolving it.
1.3 If the complaint is still unresolved the parent/guardian should raise the matter with the Chairperson of the Board of Management with a view to resolving it.
Stage 2
2.1 If the complaint is still unresolved and the parent/guardian wishes to pursue the matter further she/he should lodge the complaint in writing with the Chairperson of the Board of Management.
2.2 The Chairperson should bring the precise nature of the written complaint to the notice of the teacher and seek to resolve the matter between the parties within 5 days of receipt of the written complaint.
Stage 3
3.1 If the complaint is not resolved informally, the Chairperson should, subject to the general authorisation of the Board and except in those cases where the Chairperson deems the particular authorisation of the Board to be required:
(a) supply the teacher with a copy of the written complaint; and
(b) arrange a meeting with the teacher and, where applicable, the Principal Teacher with a view to resolving the complaint. Such a meeting should take place within 10 days of receipt of the written complaint.
Stage 4
4.1 If the complaint is still not resolved the Chairperson should make a formal report to the Board within 10 days of the meeting referred to in 3.1(b).
4.2 If the Board considers that the complaint is not substantiated the teacher and the complaint should be so informed within three days of the Board meeting.
4.3 If the Board considers that the complaint is substantiated or that it warrants further investigation it proceeds as follows:
(a) the teacher should be informed that the investigation is proceeding to the next stage;
(b) the teacher should be supplied with a copy of any written evidence in support of the complaint;
(c) the teacher should be requested to supply a written statement to the Board in response to the complaint;
(d) the teacher should be afforded an opportunity to make a presentation of case to the Board. The teacher would be entitled to be accompanied and assisted by a friend at any such meeting;
(e) the board may arrange a meeting with the complainant if it considers such to be required. The complainant would be entitled to be accompanied and assisted by a friend at any such meeting; and
(f) the meeting of the Board of Management referred to in (d) and (e) will take place within 10 days of the meeting referred to in 3.1(b).
Stage 5
5.1 When the Board has completed its investigation, the Chairperson should convey the decision of the Board in writing to the teacher and the complainant within five days of the meeting of the Board.
5.2 The decision of the Board shall be final.
5.3 This Complaints Procedure shall be reviewed after three years.
5.4 CPSMA or INTO may withdraw from this agreement having given the other party three months’ notice of intention to do so.
In this agreement ‘days' means schools days.
Appendix 2
ACCS, ASTI and TUI Code of Practice for Processing Complaints Made by Parents / Guardians or Students (who have reached the age of 18 years) Against a Teacher in Community and Comprehensive Schools
March 2005
This Code of Practice has also been agreed between PACCS and ACCS
Introduction
Procedures are necessary to ensure fair treatment for all in the school and acceptable procedures should be known, agreed, and observed in the interest of good relationships with Parents/Guardians/Students, good industrial relations with Teaching Staff and harmony in the school environment. Throughout the procedures outlined below all communication between the Teacher, Parent/Guardian and or Student (who has reached the age of 18 years) must take place in an atmosphere that is calm, dignified and in a climate that respects the viewpoint of either party involved in the Complaints Procedure.
It is to the advantage of the parties to the complaint that a speedy resolution be secured by the complaints process.
Periodic review of all procedures should take place to ensure practices are good and adhere to any developments in employment legislation or other legislation or case law.
Purpose of Complaints Procedure
To provide a fair, consistent and equitable mechanism for processing complaints by Parents/Guardians or Students (who have reached the age of 18 years) against Teachers.
To do so in a manner that affords all concerned full rights in accordance with natural justice.
To outline the procedures, which should be followed by all, Board of Management, Teachers, Parents/Guardians and or Students over 18 years of age and or their representatives, in the event of complaints being made against Teachers.
Exclusions
When complaints are deemed by the Principal//Board of Management to be:
(i) On matters of professional competence which cannot be dealt with at school level and which may be referred to the Department of Education and Science for investigation. The Complainant to be informed of any such decision;
(ii) Frivolous, vexatious or anonymous complaints and complaints which do not impinge on the work of a Teacher in a school;
(iii) Complaints in which either party has had recourse to law or to another standard procedure, may be excluded from the scope of this procedure.
Introduction
(i) Verbal complaints may be processed informally through Stage 1 of the procedure. Where the complaint is made in writing initially, the complaint should be processed through Stage 1 but a copy of the complaint should be given to the Teacher at Stage 1.
(ii) Only those complaints which are written and signed by the Complainants may be investigated through stage three and or stage four of these procedures.
(iii) The Complainant to be informed if the complaint is amenable to resolution within the terms of these procedures, and if not the reasons for this decision.
Stage 1
1.1 Parent/Guardian who wishes to make a complaint should, unless there is good and sufficient reason, in the first instance make an appointment to discuss the matter with the Teacher concerned, with a view to resolving the complaint. A Student attending the school who is over 18 years of age who wishes to make a complaint should in the first instance lodge the complaint through the existing agreed pastoral care structures in the school.
1.2 If the Parent/Guardian or a Student (who has reached the age of 18 years) is unable to resolve the complaint with the Teacher, she/he should approach the Principal with a view to resolving it.
It is envisaged that most complaints received under Stage 1 would be resolved to the satisfaction of both parties to the complaint.
Stage 2
2.1 A Parent/Guardian or a Student (who has reached the age of 18 years) who is unable to resolve the complaint at Stage 1 may seek an appointment to report and discuss the matter with the school Principal with a view to resolving the complaint. The Principal will arrange a meeting with a view to resolving the complaint. In some instances and where deemed appropriate by the Parent/Guardian and the Teacher it may be necessary for the Parent/Guardian, Teacher and school Principal to meet with a view to resolving the complaint. Such a meeting will take place within a maximum of seven days.
Both parties to the complaint may be accompanied at such a meeting by a Trade Union representative or a friend/colleague.
2.2 Following the consultation process with both parties to the complaint, the Principal will communicate the outcome verbally to both parties.
2.3 If after Stages 2.1 and 2.2 the complaint is still unresolved, the Parent/Guardian or a Student (who has reached the age of 18 years) should be advised that they may raise the matter formally with the Board of Management as set out at Stage 3 with a view to resolving it.
2.4 In the case of a complaint against a Principal, the Parent/Guardian or a Student (who has reached the age of 18 years) should discuss the complaint with the Principal, who may be accompanied by a Union Representative or colleague in the first instance. If the Parent/Guardian/Student is unable to resolve the complaint with the Principal, the complaint may be processed as provided for at Stages 3 and 4 of this procedure.
It is envisaged that the overwhelming majority of complaints will be resolved at either stages 1 and 2.
Stage 3
3.1 If the issue is not resolved at Stage 1 or 2 then the Parent/Guardian/Student should lodge the complaint in writing with the Secretary of the Board of Management.
3.2 The Board of Management should formally acknowledge receipt of the complaint, note it formally and appoint a member of the Board of Management and the school Principal to deal with the matter. Any member of the Board of Management to whom a complaint refers shall be excluded from discussion/decision of the Board of Management on the matter. If the Secretary to the Board of Management is the subject of the complaint, then correspondence in this instance should be addressed to the Chairperson, Board of Management.
3.3 The appointed representatives (if Principal is the subject of the complaint then 2 Board of Management Representatives) must, subject to the general authorisation of the Board of Management:
a) supply the Teacher with a copy of the written complaint, and a copy of all other written evidence submitted by the Parent/Guardian or a Student (who has reached the age of 18 years).
b) supply the Parent/Guardian or a Student (who has reached the age of 18 years) with copy of all written documentation concerning the complaint received by the Principal from the Teacher or report written by the school Principal following his/her investigation at Stage 2.2.
3.4 The duly authorised representatives of the Board of Management should convey the outcome of any discussions / investigation, in writing, to the Teacher, Complainant and the Board of Management and indicate whether or not the matter has been resolved to the satisfaction of all parties.
3.5 If the complaint has not been resolved at this stage and the Complainant wishes to proceed to Stage 4 she/he shall indicate this in writing to the Board of Management within a maximum of 10 school days of receipt of the letter referred to in 3.4.
Stage 4
4.1 If the Board of Management considers the complaint is not substantiated, the Teacher and the Complainant should be so informed within 3 days of the Board of Management meeting.
4.2 If the Board of Management considers that the complaint warrants further investigation, it shall proceed as follows:
a) both parties to the complaint shall be informed that the investigation is proceeding to the next stage;
b) both parties to the complaint shall be supplied with a copy of all written evidence relevant to the complaint;
c) the Teacher shall be requested to supply a written statement to the Board of Management in response to the complaint;
d) both parties to the complaint shall be afforded an opportunity to make formal presentations of their case/position to the Board of Management. Both parties to the complaint would be entitled to be accompanied and assisted by a friend/colleague (non-legal) or Trade Union representative at any such meeting,
and
e) the meeting/hearing of the Board of Management referred to in 4.2(d) will take place within a maximum of 11 school days of the meeting referred to in 2.2.
4.3 When the Board of Management has completed its investigation, the decision of the Board of Management shall be conveyed in writing to the Teacher and the Complainant within 5 school days of the decision being taken. The Board will also outline how its decision is to impact on the student.
A member(s) of the Board of Management who has acted as an authorized representative(s) of the Board of Management in the investigation of the complaint should not participate in the decisions of the Board of Management relating to the application of any disciplinary action.
4.4 The decision of the Board of Management shall be final subject to section 4.5.
4.5 In the event of the complaint being upheld the Teacher will have recourse to Trade Union and Management agreements, where they exist, but all disciplinary procedures undertaken by the Board of Management will proceed in accordance with the principles of natural justice.
4.6 If disciplinary action is to be initiated against a Teacher after stage 4.4 it will be effected in accordance with procedures agreed between ACCS, ASTI, TUI and the DES.
4.7 Where the complaint lodged is proved to be groundless then all correspondence relating to complaint should be removed from the Teachers file except for a statement of the complaints and outcome of the investigation.
If the complaint is upheld then the relevant file may be removed from the school records following agreement between all the parties involved.
Notes
(i) In this procedure a school day means a day on which the school is in operation.
(ii) At all stages of the Complaints Procedure a written record should be kept of
a) the investigation undertaken;
b) communications to Board of Management/Parent/Guardian or a Student (who has reached the age of 18 years) and Teacher, and
c) the steps and /or decision taken.
Copies of this written record may be made available for inspection to the Complainant and to the Teacher concerned.
(iii) This Code of Practice for processing Complaints made by Parents/Guardians of Students or Students (who have reached the age of 18 years) against the Teacher shall be reviewed by the ACCS, ASTI and TUI every five years or earlier at the request of any one of the parties.
(iv) The Complaints procedure will be reviewed by ACCS and PACCS every five years or earlier at the request of either one of the parties.
Niall Collins
Question:31 Deputy Niall Collins asked the Minister for Education and Skills the minimum required number of meetings a board of management should hold per annum; and if he will make a statement on the matter. [13140/11]
The "Constitution of Boards and Rules of Procedure" which applies to primary schools requires that the Board of Management must hold a minimum of one meeting per school term and shall hold not less than five meetings in any school year. The booklet is available on my Department's website.
Special Educational Needs
John Lyons
Question:32 Deputy John Lyons asked the Minister for Education and Skills when a special needs assistant will be approved in respect of a person (details supplied) in Dublin 9; and in view of the specific care and educational requirements that this child will need, if he will give special consideration to this application. [13173/11]
I wish to advise the Deputy that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating resource teachers and Special Needs Assistants (SNAs) to schools to support children with special educational needs. The NCSE operates within my Department's criteria in allocating such support. 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.
Schools Building Projects
Frank Feighan
Question:33 Deputy Frank Feighan asked the Minister for Education and Skills the position regarding the provision of an extension at a school (details supplied) and when will work re-commence on this project. [13178/11]
The contract for the school building project referred to by the Deputy is between the Board of Management and the contractor. The Department is liaising with the Board of Management in relation to next steps.
Social Welfare Code
Aengus Ó Snodaigh
Question:34 Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if consideration has been given to allowing siblings with no income who are living at home to qualify as a dependent adult for purposes of social welfare payments; and if she will make a statement on the matter. [13071/11]
Under current legislation, a person is not entitled to receive jobseeker's allowance while attending a course of study. A person aged 18 or over is regarded as attending a course of study:
(a) for 3 months immediately following the completion or the leaving by that person of second level education or the completion by him or her of the leaving certificate examination whichever is the later,
(b) for the duration of an academic year, or
(c) for the period immediately following the completion of one academic year, other than the final academic year of a course of study, up to the beginning of the following academic year.
It is understood that the Deputy is referring to the situation where a person is not entitled due to one or other of the reasons outlined above and where the parent or parents of that person are in receipt of a welfare payment in their own right. For the purposes of weekly social welfare income maintenance payments, an increase for a qualified child is payable in respect of each qualified child. Qualified children include children who are 18 years or over following completion of second-level education or the Leaving Certificate, provided he or she does not qualify for a social welfare payment in his/her own right. This increase can continue to be payable up to the end of the academic year in which a son or daughter attains the age of 22 years of age provided that person remains in full time education.
Increases for qualified adults are payable in respect of a spouse, civil partner or a person cohabiting with a welfare recipient who is wholly or mainly maintained by that recipient. There are no plans to further extend the categories of persons in respect of whom an increase for a qualified adult is payable. Any changes to the provisions relating to persons regarded as attending a course of study would have to be considered in a Budgetary context and in the light of available resources.
Social Welfare Benefits
John McGuinness
Question:35 Deputy John McGuinness asked the Minister for Social Protection if a claim for supplementary allowance will be expedited and approved and if a separate application for the purpose of assistance with the purchase of special footwear will also be approved in respect of a person (details supplied) in County Kilkenny. [13091/11]
Under the supplementary allowance scheme an exceptional needs payment (ENP) may be made by the Health Service Executive (HSE) to help meet an essential, once-off cost which the applicant is unable to meet out of his/her own resources. There is no automatic entitlement to this payment. Each application is determined by the HSE based on the particular circumstances of the case. Eligible people would normally be in receipt of a social welfare or HSE payment. The community welfare officer (CWO) in the HSE has advised that the application for assistance with home heating costs made on 6th May 2011 has been granted and a payment has already issued to the person concerned. An application form for assistance relating to special footwear needs has been forwarded to the person concerned. When the application form has been returned to the CWO, the application for assistance will be examined.
Social Welfare Code
Bernard J. Durkan
Question:36 Deputy Bernard J. Durkan asked the Minister for Social Protection further to Parliamentary Question No. 253 of 17 May 2011 if cognisance was given to the fact that a person’s (details supplied) income was less than their outgoings; that their situation was so adjudicated by a professional, that MABS in any event could not increase their payment and that the initial refusal of exceptional needs payment is in fact the catalyst in that failure to address the position at that stage has resulted in the present position which now requires the issue of an exceptional needs payment; if this issue can now be arranged; and if she will make a statement on the matter. [13099/11]
The position remains as advised in question number 253 which was answered for the Deputy on 17 May 2011 Under the supplementary allowance scheme an exceptional needs payment (ENP) may be made by the Health Service Executive (HSE) to help meet an essential, once-off cost which the applicant is unable to meet out of his/her own resources. There is no automatic entitlement to this payment. Each application is determined by the HSE based on the particular circumstances of the case. Eligible people would normally be in receipt of a social welfare or HSE payment.
The person concerned was refused an exceptional needs payment in this case and advised in writing of her right to appeal the decision to the relevant appeals office in the HSE. The person concerned has also been advised of the availability of the Money Advice and Budgeting Service (MABS) which is a free and confidential service for people with debt problems and money management problems. The person concerned should contact her local community welfare officer where any entitlements she may have can be discussed.
Question No. 37 withdrawn.
Social Welfare Benefits
Bernard J. Durkan
Question:38 Deputy Bernard J. Durkan asked the Minister for Social Protection the procedure to be followed to undertake a full review of the application for mortgage interest relief in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [13117/11]
In order to have her entitlement to mortgage interest supplement considered the person in question should contact the community welfare officer dealing with her case and provide the documentation requested.
Employment Support Services
John Deasy
Question:39 Deputy John Deasy asked the Minister for Social Protection if she will change the eligibility criteria for the position of Tús supervisors to allow FÁS community employment scheme supervisors to apply for these positions. [13131/11]
John Deasy
Question:40 Deputy John Deasy asked the Minister for Social Protection the reason she has prevented FÁS community employment scheme supervisors from applying for the position of supervisors under the Tús scheme; if it is necessary to maintain the strict eligibility criteria; her rationale for preventing FÁS community employment supervisors from applying for the scheme; and if she will make a statement on the matter. [13132/11]
I propose to take Questions Nos. 39 and 40 together.
Tús is a community work placement initiative which will provide up to 5,000 short-term, quality work opportunities for those who are unemployed for more than a year. Some €30 million has been provided in the Department's Estimates in 2011 to fund the roll-out of the initiative. This initiative is delivered through the network of local development companies and Údarás na Gaeltachta in Gaeltacht areas. Participants will, in the first instance, be identified by the Department for Social Protection by applying the following conditions:
A person must be unemployed and in receipt of a jobseeker's payment for at least 12 months, and
Currently be in receipt of jobseekers allowance, and
Be fully unemployed.
The purpose of Tús is to focus on those people who are long-term unemployed. For this reason, eligibility is at present confined to those on the Live Register for 12 months and in receipt of jobseeker's allowance. These provisions are to ensure a targeted approach to those currently affected by long-term unemployment. Persons already in employment are not eligible for these positions. The operation of the scheme, including eligibility criteria, will be kept under review and will inform the evaluation process in due course.
Jobs Initiative
Eric J. Byrne
Question:41 Deputy Eric Byrne asked the Minister for Social Protection the position regarding the internship scheme as announced in the jobs initiative; if it is envisaged that these internships will include workplace based personal assistants and if he will give these schemes consideration for coverage under the scheme. [13141/11]
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. Under the National Internship Scheme, internship opportunities should provide participants with valuable work experience, which enhance their skills and competencies, with the aim of improving their prospects of securing employment. Provided both an organisation and the internship opportunity they intend to offer meet the scheme's eligibility criteria, they will be allowed to participate in the scheme.
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. It is expected that a website will be available in the coming days so that potential host organisations and interns can access information and also express their interest in participating in the scheme.
Social Welfare Code
Anne Ferris
Question:42 Deputy Anne Ferris asked the Minister for Social Protection if a person is deemed eligible for rent allowance, the reason there is a ceiling on the maximum amount they are allowed to pay for housing; if the person receiving rent allowance can make up the difference from another source; the reason this is not permitted; and if she will make a statement on the matter. [13146/11]
Seán Kyne
Question:45 Deputy Seán Kyne asked the Minister for Social Protection her plans to review the limits of the maximum rent levels for each county, as set by the Department of Social Protection for the rent supplement scheme, in view of the recent increases in rent levels and also the considerable discrepancies in rental levels which now exist between different urban centres and between locations within counties. [13169/11]
I propose to take Questions Nos. 42 and 45 together.
The purpose of rent supplement 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.
Rent supplement is subject to a limit on the amount of rent that an applicant may incur. Rent limits are set at levels that enable eligible households to secure and retain basic suitable rented accommodation, having regard to the different rental market conditions that prevail in various parts of the state. It is essential to ensure that state support for rent supplement tenants, who form a substantial section of the rental market, does not give rise to inflated rental prices with particular negative impact on those tenants on lower incomes, including people in low paid employment. Community Welfare staff have the authority to set levels lower than those provided for in the regulations, in respect of sub-divisions of their functional areas, where this is appropriate. This power is provided to reflect the fact that lower rent levels may apply in certain locations within counties.
Under normal circumstances rent supplement is not paid where the rent charged for the accommodation is above the relevant maximum rent limit. Notwithstanding these limits, under existing arrangements the Health Service Executive may, in certain circumstances, exceed the rent limits as an exceptional measure, for example where there are special housing needs for a disabled person in specially-adapted accommodation or on a short term basis until the tenant is in a position to resume responsibility for his/her rent. This discretionary power is only used in special cases, but it ensures that individuals with particular needs can be accommodated within the scheme.
In addition, where a person is availing of an income disregard in respect of part-time earnings, the applicant may be allowed to contribute an additional amount towards his/her rent where the rent is in excess of the rent limits. This is only allowable where the person in question has sufficient income after paying the rent to meet his/her basic needs. "Sufficient income" in this context means the relevant basic supplementary allowance rate less the prescribed minimum contribution to rent.
The most recent rent limit review established new maximum rent limits from June 2010 which were in line with the most up to date market data available. The current rent limits are in place until December 2011 and will be reviewed later this year. The review will be based on analysis on data on private rental prices supplied by the Central Statistics Office, the Private Residential Tenancies Board and publicly available data.
Community Employment Schemes
Jack Wall
Question:43 Deputy Jack Wall asked the Minister for Social Protection if she will give consideration to carers who are seeking to improve their skills and educational prospects by allowing them to apply for community employment schemes; and if she will make a statement on the matter. [13161/11]
The rules governing Carer's Allowance include the following conditions for receipt of the payment:
The Carer must:
be aged 18 or over;
satisfy a means test;
be living with the person s/he is looking after, or be in a position to provide full time care and attention to a person who is not living with him/her;
be caring for the person on a full-time basis;
not be employed or self-employed outside the home for more than 15 hours per week;
not be living in a hospital, convalescent home or other similar institution;
be fit to care.
Community Employment (CE) involves working a 19½ hour week, therefore, by taking up a CE position a Carer would breach several of the above conditions for retention of the carer's allowance, which would cause the payment to cease. When a person's caring responsibilities do cease, s/he can transfer to another CE qualifying social welfare payment such as jobseeker's allowance and have his/her time spent in receipt of carer's allowance counted towards the CE qualifying period which is generally 12 months in addition to time spent on his/her new payment.
Money Advice and Budgeting Service
Michelle Mulherin
Question:44 Deputy Michelle Mulherin asked the Minister for Social Protection if she will provide an additional member, a money advisor, to the north Mayo Monetary Advice and Budgeting Service office which has a seven week waiting list and services from Blacksod to Ballaghaderreen and south Sligo which includes an area with one of the highest unemployment rates in the country and has not had an increase in staff numbers since 2004. [13162/11]
The Money Advice and Budgeting Service (MABS) assists people who are over-indebted and need help and advice in coping with debt problems. The role of money advisers is to help clients to assess their financial situation, make a budget plan and deal with creditors.
There are 52 independent MABS companies operating the local MABS services from 65 locations throughout the country, including offices in North Mayo, South Mayo and Sligo, with national support provided by the MABS NDL. In addition, the MABS National Telephone Helpline is available from 9am to 8pm Monday to Friday and the MABS website can be accessed 24 hours a day at www.mabs.ie. Some 90% of clients presenting to MABS are assisted through the telephone helpline, which provides assisted self-help to ensure clients take steps to assess and address their situation.
The Citizens Information Board (CIB), which has responsibility for MABS, compiles information on the waiting times in each MABS office on a quarterly basis and posts it to the www.mabs.ie website. At the end of March 2011 the average waiting time from first point of contact to first appointment with a money adviser is some 6 weeks. This is the average nationally and there are fluctuations between offices.
The focus of MABS is in ensuring clients get the level of support they need and as such client assessments and effective case management are important components of the overall approach. During the waiting period, clients are assessed and those in need of immediate assistance are given a priority appointment, others are provided with assisted self-help to ensure that they have taken steps to assess their situation and if appropriate they are supported to take holding action with their creditors. In this context MABS highlights the importance of creditors proactively working with their customers to resolve arrears difficulties at an early stage.
In 2010, the CIB allocated a total budget of some €18.2m for the delivery of money advice and budgeting services and this figure was increased to €18.3m in 2011. As well as funding, the Citizens Information Board also provides management support to ensure services are delivered effectively. The Board is aware of the client demand for money advice services in the north west region and a request for additional staffing in respect of North Mayo MABS has been received. This is under review in the context of requests from other services, the increased demand for services throughout the country, and the financial resources available.
Question No. 45 answered with Question No. 42.
Social Welfare Appeals
Sean Fleming
Question:46 Deputy Sean Fleming asked the Minister for Social Protection when a disability allowance will be paid in respect of a person (details supplied) in County Laois; and if she will make a statement on the matter. [13177/11]
I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision. The person concerned has been notified of the decision. 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.
Question No. 47 withdrawn.
Social Welfare Benefits
Bernard J. Durkan
Question:48 Deputy Bernard J. Durkan asked the Minister for Social Protection if and when partial rent support will be awarded in the case of a person (details supplied) in County Kildare; the full entitlements in such a case; and if she will make a statement on the matter. [13193/11]
The Health Service Executive has advised that the person concerned was recently refused rent supplement. It remains open to this person to appeal this decision to the HSE Appeals Office.
Health Service Allowances
Bernard J. Durkan
Question:49 Deputy Bernard J. Durkan asked the Minister for Social Protection if an exceptional needs payment will be made in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [13195/11]
Under the supplementary allowance scheme an exceptional needs payment (ENP) may be made by the Health Service Executive (HSE) to help meet an essential, once-off cost which the applicant is unable to meet out of his/her own resources. There is no automatic entitlement to this payment. Each application is determined by the HSE based on the particular circumstances of the case. Eligible people would normally be in receipt of a social welfare or HSE payment. The community welfare officer (CWO) in the HSE has advised that the application for assistance has been granted and a payment issued to the person concerned on 13th May 2011.
Social Welfare Benefits
Bernard J. Durkan
Question:50 Deputy Bernard J. Durkan asked the Minister for Social Protection the position regarding an application for rent support in the case of a person (details supplied) in County Kildare; if she will expedite the appeal process; and if she will make a statement on the matter. [13197/11]
The Health Service Executive (HSE) has advised that the person concerned has been requested to provide further information in order to process her application for rent supplement. A decision will be made on her application when the requested information has been provided.
Bernard J. Durkan
Question:51 Deputy Bernard J. Durkan asked the Minister for Social Protection the position regarding an entitlement to a social welfare payment such as jobseeker’s allowance in the case of a person (details supplied) in County Kildare in view of the fact that the person has been working part-time since November 2010, is now undertaking re-training by way of work experience one day per week, attending college one day per week and is available for work for the remaining three days; and if she will make a statement on the matter. [13200/11]
The person concerned is in receipt of jobseeker's allowance at the weekly rate of €60.60. This payment includes a personal rate, and increases in respect of a qualified adult and a qualified child less weekly means assessed from spousal earnings. The rate of payment is correct according to the current information available to the deciding officer.
Bernard J. Durkan
Question:52 Deputy Bernard J. Durkan asked the Minister for Social Protection the current level of rent support payable in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [13202/11]
The position remains as advised in Question No. 82 which I answered for the Deputy on 12th May 2011. Payment of rent supplement has been suspended as the person concerned had failed to secure accommodation within the rent limits prescribed for a single person. The HSE has advised that it has had no contact with the person concerned since payment was suspended in April 2011.
Grant Payments
Bernard J. Durkan
Question:53 Deputy Bernard J. Durkan asked the Minister for Social Protection when payment under the back to work enterprise scheme will be paid in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [13204/11]
A Technical Assistance and Training grant for van advertising was issued in respect of the person concerned on 12 November 2010. Payment was issued by cheque to the supplier of the service and was cashed on 25 November 2010.
Irish Language
Bernard J. Durkan
Question:54 Deputy Bernard J. Durkan asked the Minister for Tourism, Culture and Sport the extent to which she intends to further the promotion of the Irish language through the various agencies under the remit of his Department; and if he will make a statement on the matter. [13186/11]
As the Deputy will be aware, there are three agencies under the remit of my Department with specific roles in the promotion of the Irish language. Údarás na Gaeltachta is responsible for the economic, social and cultural development of the Gaeltacht. Further details are available at www.udaras.ie. Foras na Gaeilge, one of the two agencies comprising the North/South Language Implementation Body, An Foras Teanga, is responsible for promotion of the Irish language on an all-island basis. Further details are available at www.gaeilge.ie. The Office of An Coimisinéir Teanga was established under the Official Languages Act 2003 as an independent, statutory office and is responsible for ensuring the legislation is implemented. Further details are available at www.coimisineir.ie.
The Deputy will also be aware that, following an extensive consultation process, the 20-Year Strategy for the Irish Language was officially launched in December 2010 and received significant cross-party support. The Strategy identifies nine areas of action to be addressed in order to sustain and strengthen the Irish language over a 20-year period both within the Gaeltacht and on a national basis. To that end the Strategy proposes various policies and structures to assist in the achievement of the overall goal of increasing the number of Irish speakers on a phased basis over a 20-year period. These matters are currently under active consideration in conjunction with the Cabinet Committee on the Irish Language and the Gaeltacht which is chaired by An Taoiseach. I expect that specific proposals in this regard will be brought to Government shortly.
Grant Payments
Éamon Ó Cuív
Question:55 Deputy Éamon Ó Cuív asked the Minister for Tourism, Culture and Sport if he will ensure full compensation for farmers, as agreed between him and the Department of Agriculture, Fisheries and Food to farmers in an area (details supplied); and if he will make a statement on the matter. [12809/11]
I can confirm that, as Minister, I have made no new commitments on payments of the nature referred to by the Deputy but my Department is honouring the commitments made by the previous Government.
Arts Funding
Michael Healy-Rae
Question:56 Deputy Michael Healy-Rae asked the Minister for Tourism, Culture and Sport the position regarding structured funding in respect of a centre (details supplied) in County Kerry; and if he will make a statement on the matter. [13174/11]
Since 2004 the centre referred to by the Deputy has received in excess of €1m in capital funding towards the development of an arts and cultural centre.
The Government's policy on the arts is to promote and strengthen the arts in all its forms, increase access to and participation in the arts, and make the arts an integral and valued part of our national life. I am continuing to work towards this goal with my Department and our agencies and I remain committed to securing the best possible funding deal for the arts sector.
However, the type of funding for the centre referred to in this Question is one which falls for consideration by the Arts Council. Under the Arts Acts 2003, the Arts Council is statutorily independent of the Minister in its funding decisions and in its processes and the Minister is not the responsible authority to the Dáil on these matters. Section 24(2) of the Arts Act 2003 precludes interference by the Minister in Arts Council funding decisions.
Fishing Licences
Brendan Griffin
Question:57 Deputy Brendan Griffin asked the Minister for Communications, Energy and Natural Resources the reason a draft net licence for 2011 was refused in respect of a person (details supplied) in County Kerry; if he will explain the workings of Article 6 of Order 2011, Statutory Instrument No. 123, 2011; and if he will make a statement on the matter. [13062/11]
As indicated in my reply to Question No. 305 of 17 May 2011, the application for a draft net salmon licence by the individual concerned was unsuccessful. As the Deputy is aware Article 6 of the Control of Fishing for Salmon Order 2011 (S.I. No. 123 of 2011) sets out the order of priority under which licence allocations are decided. There were only three commercial licences available in the Kerry Fishery District. In accordance with Article 6 of the Control Order, three other applicants who had higher priority status were granted these commercial fishing licences.
As the Deputy may be aware there is a statutory public consultation process currently underway in relation to the commercial fishery in Castlemaine Harbour. In the event of the re-opening of the commercial fishery in Castlemaine Harbour, it will be necessary to revise the Control of Fishing for Salmon Order to set out the order of priority in which additional licences would be granted in the Kerry fishery district. I intend to make such an order in the coming weeks.
Alternative Energy Projects
Billy Timmins
Question:58 Deputy Billy Timmins asked the Minister for Communications, Energy and Natural Resources the reason the Sustainable Energy Authority of Ireland is no longer supporting biomass or heat pump technologies but is still grant aiding gas and oil condensing burners; when this change was introduced; the reason this was introduced; and if he will make a statement on the matter. [13114/11]
I refer the Deputy to my reply to Question No. 212 of 24 May 2011.
Seán Kyne
Question:59 Deputy Seán Kyne asked the Minister for Communications, Energy and Natural Resources if he will review the categorisation of schools which generate their own electricity through renewable sources, for example, wind turbines, and instead place them in the not-for-profit farming and residential category and thereby promote schools’ participation in sustainable energy generation while avoiding the situation of schools being forced to supply energy for free to the national grid at certain times while having to pay for electricity at others. [13171/11]
I have no statutory function in the categorisation of schools which generate their electricity through renewable sources.
The Commission for Energy Regulation is an independent statutory body with responsibility for regulation of electricity market in Ireland since 1999. In 2007, the Commission for Energy Regulation (CER) published the ‘Arrangements for Micro-generation' decision paper (CER/07/208), which outlined the technical and commercial arrangements for micro-generation including installation, safety, notifications to the network operator and metering for microgenerators that are sized at or below 11kW. In this paper, microgeneration was defined as generation from units that rate at or below 11kW.
In 2008, as part of the regulation of ESB Customers Supply's retail tariffs, the CER approved a proposal from ESB Customer Supply to make a 9 cent payment for domestic microgeneration output from domestic customers. Non-domestic customers, including schools, were not included in the ESB Customer Supply proposal at that time. The CER also encouraged all suppliers to offer innovative products, which reward appropriately for any export by microgenerators and which could be extended to non domestic microgenerators. In parallel to that, ESB Networks offered an initial 10 cent per kilowatt hour payment for output for domestic microgeneration, but this a voluntary rate introduced by the company itself and was not a regulated offering.
As prices in the retail market have now been fully deregulated, effective since 4th April, there is no longer scope for specifying a regulated tariff/payment for microgeneration in the retail market as part of the CER's tariff setting process. However, individual supply companies remain free to make such offerings on a commercial basis.
Departmental Schemes
Bernard J. Durkan
Question:60 Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the full extent of the schemes available to him for the promotion of community activities in urban and rural settings in 2011; and if he will make a statement on the matter. [13182/11]
The information requested is being compiled and will be forwarded to the Deputy as soon as possible.
Community Development
Bernard J. Durkan
Question:61 Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which he expects the CLÁR programme to deal with various grant aid applications in 2011; and if he will make a statement on the matter. [13183/11]
Bernard J. Durkan
Question:62 Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the number of applications for assistance under the CLÁR programme currently on hand; and if he will make a statement on the matter. [13184/11]
I propose to take Questions Nos. 61 and 62 together.
With the reduced resources available for Department funding programmes, the CLÁR programme is being wound down. My Department has provision of up to €0.5m for the Programme for 2011; this will be used to meet existing commitments arising during this year. There are currently approximately 143 projects under the Programme on hands with my Department. Most of these are in the area of support for Sports Capital projects. I understand that no new funding applications have been invited since August 2008 under the main CLÁR programme measures.
Bernard J. Durkan
Question:63 Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which he expects the RAPID programme to operate in 2011; the likely expenditure under this heading; and if he will make a statement on the matter. [13185/11]
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 individual Departments to report on the provision of funding and progress on delivery with regard to projects under their responsibility in the different RAPID areas.
My Department administers the RAPID Leverage Schemes, which are designed to support small scale projects identified locally by Area Implementation Teams in each of the RAPID areas. These schemes are co-funded by the relevant agencies, and the schemes support projects that focus on estate enhancement, graffiti removal, traffic calming, community closed-circuit television, health and sports facilities and the provision of playgrounds.
Funding of €3.16m is being provided in my Department's Vote in 2011 to support a number of projects under the leverage schemes. My primary focus will be to ensure that the front-line services being supported by my Department — and especially those focused on the needs of the most socially deprived communities — are protected. Given that the schemes are demand-led, it is not possible to indicate the extent of demands during 2011. However, I am satisfied that this year's allocation will be sufficient to enable progress to be made with small-scale co-funded projects in RAPID areas.
Departmental Funding
Bernard J. Durkan
Question:64 Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which he expects to meet the various requests for financial assistance from community or voluntary representatives throughout the country in 2011 and in future years; and if he will make a statement on the matter. [13187/11]
The information requested is being compiled and will be forwarded to the Deputy as soon as possible.
Departmental Agencies
Question:
65 Deputy Michael P. Kitt asked the Minister for the Environment, Community and Local Government if he has received a report on the future options in relation to the Western Development Commission; and if he will make a statement on the matter. [13094/11]
I took the opportunity during a recent visit to the office of the Western Development Commission (WDC) to confirm my support for the organisation and its valuable work.
The work of the WDC is important in promoting the development of the western region specifically in relation to job creation and enterprise. In this regard co-operation and alignment with other relevant local, regional and national bodies, including the local authorities is a priority in order to ensure maximum effectiveness and efficiency. In line with the commitments in the Programme for Government and the requirements of the Comprehensive Expenditure Review, all areas of work and programmes in my Department are being examined. I acknowledge the positive track record of the WDC and am supportive of their role in this context.
Dormant Accounts Fund
Kevin Humphreys
Question:66 Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government if he intends to introduce an application procedure for disbursement of grants from the dormant accounts fund; and if he will make a statement on the matter. [13111/11]
The Dormant Accounts Acts provide for an annual transfer by credit institutions and insurance undertakings of monies in accounts determined to be dormant into the Dormant Accounts Fund (DAF). Since its establishment in April 2003, to the end of March 2011, the transfers to the DAF have totalled some €589m, which includes interest earned of some €35m. Funds reclaimed in that period by account holders amounted to approximately €209m.
Allocations from the DAF — in accordance with Part 6 of the Acts, as amended by the Dormant Accounts (Amendment) Act 2005 — are focused on programmes or projects to assist:
1. the personal and social development of persons who are economically or socially disadvantaged;
2. the educational development of persons who are educationally disadvantaged; or
3. persons with a disability.
The value of the DAF at the end of March 2011, net of liabilities, was some €52.5m. This figure excludes €48.23m maintained in a Reserve Account to meet future reclaims by account holders and to cover expenses associated with the operation of the DAF.
In accordance with Section 42, the Dormant Accounts Board is required to prepare and submit for Government approval a plan for the disbursement of moneys under Part 6 of the Dormant Accounts (Amendment) 2005 Act.
Legislation is in preparation to dissolve the Dormant Accounts Board and make appropriate arrangements for the transfer of its functions to my Department. The Bill is scheduled for publication during the current parliamentary session, and, following enactment, consideration can be given to future application procedures for the disbursement of Dormant Accounts funds.
Further details of projects to which funding has been allocated to date and a summary of the status of the DAF are available at www.pobail.ie/en/DormantAccounts.
Planning Issues
John Deasy
Question:67 Deputy John Deasy asked the Minister for the Environment, Community and Local Government if he is satisfied that local authority planning officials are not granting time extensions to planning permissions contrary to the intent of SI 406 of 2010; if he will clarify if local authority planning officials can set aside the specified statutory instrument in certain circumstances notwithstanding compliance with the general aims and intentions of the regulation; and if he will make a statement on the matter. [13133/11]
Section 42 of the Planning and Development Act 2000 was amended by section 28 of the Planning and Development (Amendment) Act 2010.
While the provision remains whereby an extension of permission is automatically given on application in a case where substantial works have been carried out within the original duration (subject only to the condition that an application complying with the relevant Regulations was made before the expiration of the initial period), a new provision was introduced whereby the duration of a permission may be extended where substantial works have not been done, or where the development has not even commenced, in cases where the planning authority is satisfied that there were considerations of a commercial, economic or technical nature beyond the control of the applicant which substantially militated against either the commencement of development or the carrying out of substantial works, pursuant to the planning permission (again provided that an application complying with the relevant Regulations was made before the expiration of the initial period). This latter provision is, however, subject to the following qualifications—
that the planning authority is satisfied that there have been no significant changes in the development objectives in the development plan or in regional development objectives in the Regional Planning Guidelines for the area of the planning authority since the date of the permission such that the development would no longer be consistent with the proper planning and sustainable development of the area,
that the planning authority is satisfied that the development would not be inconsistent with the proper planning and sustainable development of the area, having regard to any guidelines issued by the Minister under section 28, notwithstanding that they were so issued after the date of the grant of permission in relation to which an application is made under this section, and/or
that the planning authority is satisfied where the development has not commenced, that an environmental impact assessment, or an appropriate assessment, or both of those assessments, if required, was or were carried out before the permission was granted.
Some necessary consequential amendments to the Planning Regulations were made in the Planning and Development Regulations 2010 to take account of these new provisions. Planning authorities are required to implement section 42, as amended, and the relevant Regulations. I am not aware of any instances of their not doing so.
Water and Sewerage Schemes
Michael Healy-Rae
Question:68 Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the position regarding the commencement of a sewerage scheme forKilcummin, County Kerry; and if he will make a statement on the matter. [13163/11]
The Water Services Investment Programme 2010-2012, a copy of which is available in the Oireachtas Library, provides for the development of a comprehensive range of new water services infrastructure in County Kerry. The Programme includes contracts under construction and to commence to the value of some €92 million in the county during the life of the Programme.
The Kilcummin Sewerage Scheme is included in the 2010-2012 programme as a scheme at planning. Due to high unit costs, Kerry County Council has been requested to review the scope of the scheme before it can be given approval to prepare revised Contract Documents. The Department and the Council will be meeting in the coming weeks to discuss the Council's approach to addressing this issue.
Local Authority Funding
Joan Collins
Question:69 Deputy Joan Collins asked the Minister for the Environment, Community and Local Government the surplus or debit balance of each county and city council, as outlined in their respective annual financial statement for the financial year ended 31 December 2009 including the deficit or surplus for the year; the opening debit balance, if any, for the year; the closing debit balance, if any, for the year; and if he will make a statement on the matter. [13167/11]
A local authority is under a statutory obligation to adopt an annual budget providing for the estimated expenditure necessary to carry out its functions and the estimated income to accrue to the authority in that year. The precise manner in which current accounts are managed in order to achieve the overall balance necessary is a matter for individual local authorities.
The information requested is set out in the following table.
|
Overall Surplus/Deficit for Year |
Opening Balance @ 01/01/2009 |
Closing Balance @ 31/12/2009 |
|
|
County Councils |
|||
|
Carlow |
(23,212) |
(98,888) |
(122,100) |
|
Cavan |
1,201 |
1,660,060 |
1,661,261 |
|
Clare |
(82,493) |
(1,774,045) |
(1,856,538) |
|
Cork |
(1,993,915) |
17,150,638 |
15,156,723 |
|
Donegal |
105,152 |
(12,998,286) |
(12,893,134) |
|
Fingal |
2,081,925 |
15,366,861 |
17,448,786 |
|
Dun Laoghaire Rathdown |
12,555 |
8,981,378 |
8,993,933 |
|
Galway |
(123,014) |
(1,149,537) |
(1,272,551) |
|
Kerry |
132,998 |
1,756,037 |
1,889,034 |
|
Kildare |
767,801 |
(5,653,544) |
(4,885,744) |
|
Kilkenny |
(94,767) |
59,434 |
(35,333) |
|
Laois |
7,768 |
(529,372) |
(521,605) |
|
Leitrim |
(27,531) |
(60,733) |
(88,264) |
|
Limerick |
10,771 |
70,449 |
81,220 |
|
Longford |
(1,347,577) |
505,178 |
(842,399) |
|
Louth |
(50,290) |
1,720,511 |
1,670,221 |
|
Mayo |
463,488 |
(3,513,412) |
(3,049,924) |
|
Meath |
309,200 |
(9,613,937) |
(9,304,737) |
|
Monaghan |
439,458 |
(1,503,721) |
(1,064,263) |
|
North Tipperary |
270,779 |
(245,753) |
25,026 |
|
Offaly |
(152,587) |
(332,081) |
(484,669) |
|
Roscommon |
(353,587) |
31,082 |
(322,505) |
|
Sligo |
(3,232,961) |
(4,285,150) |
(7,518,111) |
|
South Dublin |
(348,799) |
12,418,975 |
12,070,176 |
|
South Tipperary |
(152,050) |
3,092,257 |
2,940,207 |
|
Waterford |
(17,030) |
(6,916,777) |
(6,933,807) |
|
Westmeath |
114,952 |
(2,911,002) |
(2,796,050) |
|
Wexford |
409,743 |
(6,791,386) |
(6,381,643) |
|
Wicklow |
(264,385) |
(1,733,350) |
(1,997,736) |
|
City Councils |
|||
|
Cork |
65,607 |
251,416 |
317,023 |
|
Dublin |
5,439,744 |
4,326,015 |
9,765,759 |
|
Galway |
(558,551) |
32,681 |
(525,870) |
|
Limerick |
81,787 |
178,404 |
260,192 |
|
Waterford |
69,303 |
(517,190) |
(447,887) |
Building Regulations
Bernard J. Durkan
Question:70 Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the full extent to which he has examined the use of pyrite in the course of housing construction; the total number of houses deemed to be affected; the degree to which HomeBond scheme caters for or is capable of catering for the needs arising from claims under this heading; and if he will make a statement on the matter. [13189/11]
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 insofar 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 will be meeting a representative group in the next few weeks to establish what can be done to help home owners deal with outstanding issues in the context of recent court decisions and departmental responsibilities.
Sexual Offences
Paschal Donohoe
Question:71 Deputy Paschal Donohoe asked the Minister for Justice and Equality his plans to implement electronic tagging for convicted sex offenders; the timing of same; and if he will make a statement on the matter. [13059/11]
As set out in my reply to Parliamentary Question No. 36 on 18 May 2011, following the completion of the pilot project which tested the use of electronic monitoring technology in this jurisdiction, a comprehensive review of its viability in the management of offenders along with a cost benefit analysis is underway. This process will be completed by the end of September. In addition, I expect to bring legislative proposals to amend the Sex Offenders Act 2001 to Government in the coming months. Measures being considered in this context include the electronic monitoring of sex offenders in specific circumstances.
Paschal Donohoe
Question:72 Deputy Paschal Donohoe asked the Minister for Justice and Equality his plans to improve the successful prosecution rates for rape. [13060/11]
The criminal law treats the offence of rape extremely seriously. A person convicted of rape is liable to imprisonment for life. An Garda Síochána is acutely aware of the special care and attention which complaints of rape require because of the vulnerable circumstances in which victims find themselves and attaches great importance to combining professionalism with sensitivity and compassion in the investigation of rape.
In 2010 An Garda Síochána published a new comprehensive policy document on the investigation of sexual crime, crimes against children and child welfare, which is available on the Garda website www.garda.ie. The fundamental principle underpinning the policy is the vindication of the rights of victims and all those with whom members of the Force come in contact and the protection of the public by the thorough and professional investigation of this form of crime. The functions of the Garda Domestic Violence and Sexual Assault Investigation Unit include the promotion of best practice within An Garda Síochána in the investigation of rape and other sexual crime. The Unit also liaises with relevant State bodies and voluntary groups, taking a multi-agency approach to tackling these crimes and their causes. Initiatives introduced by An Garda Síochána also include a crime training facility which trains senior investigating officers in the investigation of such offences.
The National Strategy on Domestic, Sexual and Gender-based Violence 2010-2014, contains a specific action to minimise attrition levels in sexual violence cases. Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence, which is an Executive Office within my Department, led a committee which considered the attrition problem. The committee finalised its work in February, 2011 and made a number of recommendations on attrition in sexual violence cases which are being pursued.
Garda Investigations
Finian McGrath
Question:73 Deputy Finian McGrath asked the Minister for Justice and Equality if he will provide an update on an investigation in respect of a person (details supplied). [13067/11]
I am informed by the Garda authorities that a statement of complaint made on behalf of the person referred to by the Deputy has been received and the matter is under investigation. An investigation file is currently being prepared and will be submitted to the Director of Public Prosecutions for directions. The Deputy will appreciate that, as the matter is under investigation, it would not be appropriate for me to comment further at this time.
Citizenship Applications
Finian McGrath
Question:74 Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding an application for citizenship in respect of a person (details supplied). [13075/11]
A valid application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in February, 2009. The application is at an advanced stage of processing and will be finalised as expeditiously as possible.
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.
Asylum Applications
Bernard J. Durkan
Question:75 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will state, arising from Parliamentary Question No. 381 of 17 May 2011, the way it transpired that a situation in respect of residency in the case of a person (details supplied) in County Cork took ten years; and if he will make a statement on the matter. [13096/11]
In reply to the Deputy's Parliamentary Question, he should note that the individual who was the subject of his Parliamentary Question No. 381 of 17 May, 2011 has only resided in Ireland since 2009.
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:76 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the correct status in the case of a person (details supplied) in County Mayo who originally had permission to remain in the State; if this permission has been affected by subsequent travels; and if he will make a statement on the matter. [13097/11]
The person concerned was approved under the IBC/05 Scheme which resulted in her being granted permission to remain in the State for a two year period, valid to 7th October, 2007. A request for the renewal of this permission to remain was refused as the person concerned was not living continuously in the State.
Arising from the refusal of her application for the renewal of her permission to remain in the State, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 23rd June, 2010, that the Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against her.
The position in the State of the person concerned 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.
In advance of a final decision being made, the case of the person concerned will be examined to determine what, if any, impact the recent European Court of Justice Judgment in the Zambrano case may have on her case. The Deputy might wish to note that a representative of my Department wrote to the legal representative of the person concerned on 24th May, 2011 to advise of the documentation and information that must submitted before the case of the person concerned can be considered under the terms of the Zambrano Judgment. Upon receipt of the requested documentation and information, the matter can be considered further.
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.
Rights of Way
Mary Mitchell O'Connor
Question:77 Deputy Mary Mitchell O’Connor asked the Minister for Justice and Equality the position regarding the implementation of provisions of the Land and Conveyancing (Law Reform) Act 2009 in respect of the registration of rights of way; if he intends to make any changes to the provisions in view of the expense of registering such rights; if he intends to extend the deadline for registration of such rights; and if he will make a statement on the matter. [13101/11]
The position is that Part 8 (Chapter 1) of the Land and Conveyancing Law Reform Act 2009 has updated the law concerning the acquisition of easements based on reform recommendations of the Law Reform Commission. Section 35 of the Act, which entered into operation on 1 December 2009, provides that easements shall be acquired at law by prescription only on registration in the Land Registry or the Registry of Deeds of a court order under that section.
Late last year the Law Society made a submission to my Department containing proposals to amend the 2009 Act with a view to simplifying the procedures for registering easements acquired by prescription. During subsequent discussions involving my Department, the Law Society and the Property Registration Authority, agreement was reached on the outline of a draft scheme whereby the Authority would be empowered to register such easements without a court order under section 35 of the 2009 Act on being satisfied that the claim had been substantiated.
In order to give statutory effect to the proposed scheme, amendments to the Registration of Title Act 1964 and the Land and Conveyancing Law Reform Act 2009 will be required. I intend therefore to include the necessary amendments to both Acts in the forthcoming Civil Law (Miscellaneous Provisions) Bill which will be published later this year. I intend also to take advantage of this legislation to extend from 3 years to 12 years the period referred to in section 38 of the 2009 Act during which easements acquired, or in the course of acquisition, prior to 1 December 2009 may be registered.
Asylum Applications
Bernard J. Durkan
Question:78 Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 377 of 17 May 2011, in respect of a person (details supplied) in Dublin 8, if this materially affects the reply; if the status of the family is otherwise affected; and if he will make a statement on the matter. [13115/11]
I refer the Deputy to my reply below to Parliamentary Question No. 377 of 17 May, 2011. The position remains the same.
The person concerned is the subject of a Deportation Order, signed on 5 February 2009, following a comprehensive and thorough examination of her asylum claim, and a detailed examination of the representations she submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).
However her file is currently being examined to establish as to whether the recent European Court of Justice Judgment in the Zambrano case might impact on her case. When this examination of her case is complete we will contact the person concerned as to the outcome and consequence of same.
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
Alan Farrell
Question:79 Deputy Alan Farrell asked the Minister for Justice and Equality the timeframe for the determination of an application for naturalisation in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [13148/11]
A valid application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in March 2008.
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.
Jack Wall
Question:80 Deputy Jack Wall asked the Minister for Justice and Equality the position regarding an application for citizenship in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [13160/11]
An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in May 2008.
On examination of the application submitted it was determined that the person in question did not meet that statutory residency requirements as set out in the Irish Nationality and Citizenship Act, 1956, as amended. The person concerned was informed of this in a letter issued to her on 8 October, 2008.
Section 15 of the Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must—
be of full age
be of good character
have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years
have made, either before a Judge of the District Court in open court or in such a manner as the Minister for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State
In the context of naturalisation, certain periods of residence in the State are excluded. These include—
periods of residence in respect of which an applicant does not have permission to remain in the State
periods granted for the purposes of study
periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act, 1996.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended.
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.
I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
Garda Vetting of Personnel
John Deasy
Question:81 Deputy John Deasy asked the Minister for Justice and Equality the length of time it takes to process an application through the Garda vetting service; the number of applications that are currently pending; and if he will make a statement on the matter. [13180/11]
I share the Deputy's concern about the length of time currently being taken to process vetting applications. I recognise that it is important to process these applications within a reasonable time frame both for the benefit of the applicants and the organisations involved.
A number of immediate measures are being taken to improve the situation. The sanction of the Department of Finance has been obtained to retain the services of ten temporary employees in the GCVU. A further sanction has been obtained to engage an additional ten temporary employees for the Unit and the process of recruiting these is underway. This should have an impact on processing times.
In addition, further steps are under consideration with a view to alleviating the pressure on the staff of the GCVU and to reduce the time taken for the processing of applications.
I am informed by the Garda Authorities that, at present, the average processing time for vetting applications received at the GCVU is approximately 10 weeks.
The average processing time for vetting applications fluctuates in line with periods of increased demand. In processing an individual vetting application, additional time may be required in cases where clarification is needed as to the details provided or where other enquiries need to be made, for example, when the person in question has lived and worked abroad. There will always be a reasonably significant time period required to process a vetting application. Registered organisations have been advised to take account of this in their recruitment and selection process. However, the Gardaí make every effort to reduce the time to the minimum possible consistent with carrying out what are very necessary checks.
The GCVU has managed a substantial increase over recent years in the numbers of vetting applications it receives from around 188,000 in 2007 to almost 292,000 in 2010. At present, there are approximately 55,000 applications in the course of being processed.
Asylum Applications
Bernard J. Durkan
Question:82 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in the matter of determination of residency in the case of a person (details supplied) in County Louth; if he is satisfied that all due process was observed at every stage throughout the adjudication of the application; if he will review the case; and if he will make a statement on the matter. [13208/11]
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 15th June, 2005, that the Minister proposed to make Deportation Orders in respect of her, her daughter and her nephew. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out the reasons why Deportation Orders should not be made against her and the children. Representations were received on behalf of the person concerned at that time.
The person concerned subsequently submitted an application for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.
The person concerned initiated judicial review proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. Following the refusal of the judicial review proceedings, the earlier decisions of the Refugee Appeals Tribunal and the Minister stood.
The legal representative of the person concerned was subsequently advised that as the daughter and nephew of the person concerned had reached the age of 18, their cases would be considered as individuals and, as such, they were advised of their respective entitlements to submit representations and/or applications for Subsidiary Protection in their own right.
The application for Subsidiary Protection submitted by the person concerned will be considered next and a decision notified. 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 can be assured that the procedures followed and to be followed in the case of the person concerned are as set out in the relevant asylum and immigration legislation and take account of the State's international obligations in this area. As such, I am satisfied that all determinations and decisions made in the context of the person concerned have been arrived at in the appropriate manner.
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:83 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedures to be followed in order to validate the application for naturalisation in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [13209/11]
Officials in the Citizenship section of my Department inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question.
Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must—
be of full age
be of good character
have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years
have made, either before a Judge of the District Court in open court or in such a manner as the Minister for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State
In the context of naturalisation, certain periods of residence in the State are excluded. These include—
periods of residence in respect of which an applicant does not have permission to remain in the State
periods granted for the purposes of study
periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act, 1996.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended.
I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.
Deportation Orders
Bernard J. Durkan
Question:84 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position regarding residency in the case of a person (details supplied) in County Waterford, a verified victim of torture; if the procedure to date in this case is in accordance with due process and natural justice; and if he will make a statement on the matter. [13210/11]
The Deputy can be assured that the procedures followed and to be followed in the case of the person concerned are as set out in the relevant asylum and immigration legislation and take account of the State's international obligations in this area.
I refer the Deputy to my detailed reply (see below) to his recent Parliamentary Question, No. 117 of Thursday, 12th May, 2011. The position is unchanged since then.
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 24th August, 2009, 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, including any reports prepared on this case by the Centre for the Care of Survivors of Torture, 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.
Asylum Applications
Bernard J. Durkan
Question:85 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the matter of determination of residency or naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [13211/11]
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 29th 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:86 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the case of an application for family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [13212/11]
I am informed by the Irish Naturalisation and Immigration Service (INIS) that a decision was made on the Family Reunification application of the person in question and this decision issued on 24 May 2011.
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.
Asylum Applications
Bernard J. Durkan
Question:87 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of residency status in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [13213/11]
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 30th May, 2007, 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.
Milk Quota
Jim Daly
Question:88 Deputy Jim Daly asked the Minister for Agriculture, Fisheries and Food if it is possible for successful applicants of category A brand new entrants to dairying to purchase additional quota on the open market; and if he will make a statement on the matter. [13081/11]
The 2011 Scheme for the Allocation of Milk Quota to New Entrants was announced on 31 January 2011, with a closing date of 8 April 2011. The Scheme provides for three New Entrant categories, namely: Category A — Brand New Entrant to Dairying; Category B — Purchaser of Quota as a New Entrant through the Milk Quota Trading Scheme; Category C — Purchaser of Quota as a Successor through the Milk Quota Trading Scheme.
Quota allocated under this scheme is for the use of the successful applicant only, for as long as he/she remains in milk production, and is subject to the normal conditions in relation to transfer, disposal or temporary leasing that attach to allocations of National Reserve quota.
The detailed rules of the Scheme state that applicants in Category A above who receive quota under this scheme may not benefit from the transfer of quota for a period of 3 years, except through inheritance following the death of the transferor. However, successful applicants who acquire quota under this scheme will be eligible to apply to purchase additional quota in the Milk Quota Trading Scheme.
Fishing Industry Development
Jim Daly
Question:89 Deputy Jim Daly asked the Minister for Agriculture, Fisheries and Food if he will confirm if he received correspondence from a co-op (details supplied) in County Cork in relation to small scale funding to ensure the survival of the co-op; if he will consider making such funding available; and if he will make a statement on the matter. [13082/11]
I assume the Deputy is referring to recent correspondence from the Cork South West Lobster Fishermans Co-Operative in relation to funding for the cooperative.
This Cooperative wrote to me in April seeking funding of €50,000 over 5 years for the cooperative, to enable it to continue to fund its contribution towards payments to lobster fishermen who are members of the Coop and who engage in lobster v-notching. Under the Seafood Development Operational Programme 2007-2013, BIM pays cooperatives 55% of the market price of berried lobsters presented by coop members for v-notching by a BIM officer and returned alive to the sea by the fishermen in order to spawn. I understand that this Coop and some others pay their members the remaining 45% of the market value of the lobster from funds derived from the subscriptions of their members, while other cooperatives do not. Where this other 45% is paid to the coop member by his coop, he or she receives the full market value of the lobster and this makes participation in the v-notching programme a very attractive option for the coop members. V-notching rates tend to be higher for such coops, but this practice also places a great strain on the finances of those coops, particularly if coop membership numbers are falling.
V-notching is a very important conservation measure for the lobster stock. In areas with strong v-notching programmes, the scheme has had a very positive impact on maintaining and increasing the lobster stock. It is very much in the interests of lobster fishermen to maximise v-notching rates in their area in order to ensure the sustainability of the fishery and their livelihoods into the future. I too am very supportive of the Programme and would urge all lobster fishermen to think to the future, their future, and to participate fully in the Programme.
If I was to accede to a request to provide additional funding to the Cork South West Lobster Fishermans Co-Operative, I would have to provide similar funding to all other cooperatives engaged in the v-notching scheme. Funding for fisheries is limited and BIM endeavour within its budget allocation to support a range of important programmes and initiatives and at this time there are no additional funds available. I regret, therefore, that it is not possible to provide additional funds to the Coop on top of the present 55% funding rate. However, I would welcome the views of the Coop on how, in other ways, v-notching rates might be better promoted and increased and indeed proposals on other possible conservation measures for the lobster stock.
Animal Welfare
Jack Wall
Question:90 Deputy Jack Wall asked the Minister for Agriculture, Fisheries and Food the actions he has undertaken or is planning regarding the content of and the industry reply to the UCD report on animal welfare; and if he will make a statement on the matter. [13156/11]
Jack Wall
Question:91 Deputy Jack Wall asked the Minister for Agriculture, Fisheries and Food the responsible agencies for animal welfare (details supplied); if he proposes any changes to such responsibility; his plans for legislation; and if he will make a statement on the matter. [13157/11]
I propose to take Questions Nos. 90 and 91 together.
In June 2010 UCD launched a report entitled ‘Challenges and Solutions to Support Good Equine Welfare Practice in Ireland'. The report highlighted a number of factors including the increasing numbers of horses at risk of being abandoned and the necessity for a comprehensive system of equine identification.
The response from the Equine Industry to the report has been positive. It remains committed to working with the Department to address welfare issues as they relate to the equine industry and considers that a quantitative study of equine welfare cases in Ireland should be established.
My Department together with the Industry takes a very serious view of the issue of horse welfare and our response, notwithstanding the fact that the primary responsibility for the welfare of an animal rests with the owner or keeper, is to ensure there is comprehensive legislation in place to deal with horse welfare issues arising.
My Department's responsibility in the area of animal welfare extends to the welfare and protection of farmed animals only i.e. animals normally bred or kept for the production of food or for use in, or for the purposes of, the farming of land or of animal husbandry. The relevant legislation in this area is The Protection of Animals Kept for Farming Purposes Act 1984 and the European Communities (Welfare of Farmed Animals) Regulations 2010, S.I. 311 of 2010. Animals used in competitions, shows, cultural or sporting events or recreational activities fall outside the scope of S.I. 311 of 2010.
The principal statutes governing cruelty to all animals, including horses, in Ireland is The Protection of Animals Acts 1911 and The Protection of Animals (amendment) Act 1965. This legislation is enforced by An Garda Síochána, who may on receipt of a complaint investigate and bring a prosecution against any person alleged to have committed an offence under these Acts.
The Turf Club while having no statutory responsibility for animal welfare can, depending on the nature of a complaint made, investigate such complaint (provided it relates to a licensee) and refer the matter to the Garda Síochána if intervention is required. If the Turf Club investigators find that welfare issues concerning a licensee are of such magnitude that the matter requires immediate intervention, there is power under its rules to suspend the licence of any person. In the event of a licensee being convicted in court for an animal welfare offence relating to a racehorse the Turf Club can then deal with that person under its rules concerning the preservation and good reputation of horse-racing.
Horse Racing Ireland (HRI) has responsibility under the Horse and Greyhound Racing Act 2001 for the provision of support it deems appropriate to maintain the health and welfare status of the thoroughbred horse. In order to carry out this function, HRI provides annual grant aid to the Irish Equine Centre and, from time to time, to horse welfare organisations. In 2009, all the key bodies in the industry produced a comprehensive booklet entitled "Promoting Responsible Thoroughbred Ownership" to provide advice for owners in relation to best practice in relation to welfare matters. At race meetings, the racecourses employ specialist vets to deal with horse injuries or fatalities under guidelines issued by the Turf Club, while the Stewards of the meeting have the power under Turf Club rules to deal with specific welfare matters such as use of the whip.
There are legislative commitments relating to animal welfare in The Programme for Government 2011, including a commitment to amend and strengthen animal welfare legislation. A draft Animal Health and Welfare Bill giving effect to this commitment is in the course of preparation. The Bill will consolidate and update existing legislation in the area of animal health and welfare with the aim of ensuring that the welfare of all animals, including non-farm animals, is properly protected.
Mindful of the equine identification issue highlighted in the UCD report, national legislation on equine identification is currently being finalised in my Department. The Industry had identified the necessity for a quantitative study to be carried out on equine welfare cases in Ireland. In this regard I have recently announced funding of €10,000 to assist the Irish Equine Centre who is undertaking, at the request of the Irish Thoroughbred Breeders Association, a demographic study to determine the extent of the unwanted horse population in Ireland.
My Department will continue to actively engage with all stakeholders to ensure the continued protection of equine health and welfare.
Jack Wall
Question:92 Deputy Jack Wall asked the Minister for Agriculture, Fisheries and Food if his attention has been drawn to the concerns of a person (details supplied) in County Laois regarding animal welfare; the actions taken to alleviate such concerns; and if he will make a statement on the matter. [13158/11]
I am aware of the issues raised by the person to whom the Deputy refers. There has been extensive contact between the individual concerned and officials from my Department. It is my understanding that the complaints made by this individual to the relevant regulatory bodies have been investigated and the outcome of those investigations have been made known to the complainant.
My Department's responsibility, which is set down in legislation, extends to the welfare and protection of farmed animals only i.e. animals normally bred or kept for the production of food or for use in or for the purpose of farming. The relevant legislation in this area is the Protection of Animals Kept for Farming Purposes Act 1984 and the European Communities (Welfare of Farmed Animals) Regulations 2010, SI 311 of 2010. Animals "used in competitions/shows, cultural or sporting events or activities while so being used" are outside the scope of SI 311 of 2010. Accordingly it is clear that the complaints forwarded by the named individual to this Department are not covered by this legislation and thus fall outside the remit of the Department. My Department must act at all times in accordance with legislation. The principal statutes governing cruelty to all animals, including horses, in this country are the Protection of Animals Acts 1911 and 1965. Responsibility for pursuing cases under this legislation rests with An Garda Síochána, who may on receipt of a complaint investigate and bring a prosecution against any person alleged to have committed an offence under these Acts.
This Department has clarified its position in this matter both verbally and in writing in recent months by way of direct contact with the individual and also in a response issued to earlier representations made on his behalf. I have written to this person (12th May 2011) and explained to him that my Department has no role, or jurisdiction, in resolving the issues referred to and that it is for him to decide if he wishes to report these matters to the Gardaí or indeed if he wishes to institute civil proceedings. Officials from my Department will meet with the person named this week to explain the Department's position.
Health Service Expenditure
Pádraig Mac Lochlainn
Question:93 Deputy Pádraig Mac Lochlainn asked the Minister for Health and Children if it is financial policy within his Department for the Health Service Executive national directors to use taxpayers’ money through the use of credit cards to pay for institute membership; his views on whether this should be the responsibility of the staff member concerned just as health care professionals have to pay for their own; and if he will make a statement on the matter. [13052/11]
Pádraig Mac Lochlainn
Question:94 Deputy Pádraig Mac Lochlainn asked the Minister for Health and Children the measures in place to ensure that credit cards are not used within the Health Service Executive as a means of circumventing the national financial regulations; and if he will make a statement on the matter. [13053/11]
I propose to take Questions Nos. 93 and 94 together.
The HSE's National Financial Regulation (NFR) 10 sets out the policies and procedures for the approval, set-up, usage and transaction processing of credit cards. It also sets out the policies and procedures for the monitoring and audit of credit card transactions . The National Financial Regulations stipulate that the use of credit cards is not intended to avoid or bypass appropriate procurement and payment procedures, and all purchases must be made in accordance with applicable HSE purchasing policies and procedures.
Currently, nine senior HSE officials are approved credit card holders. Credit cards are used to meet expenses incurred by or on behalf of that senior official in respect of the carrying out of his/her duties. Credit cards are used to settle vouched expenses which are incurred on official HSE business. In the absence of a credit card arrangement, this expenditure would otherwise be reclaimed by the HSE official by way of vouched expenses in accordance with public sector travel and subsistence regulations. The credit card constitutes an efficient payment method for this type of expenditure.
With regard to the use of credit cards to pay for institute membership, the Executive reimburses certain employees for institute membership which is incurred wholly, exclusively and necessarily by an individual in the performance of the duties of his or her employment with the HSE and where: the duties of the employee and the duties of the employment require the exercise or practice of the occupation or profession in respect of which the annual membership fee refers; the employee so exercises or practices the occupation or profession in respect of which the annual membership fee refers; and membership of the professional body is an indispensable condition of the tenure of the employment.
The credit card constitutes an efficient payment method for this type of expenditure which in some instances is incurred in foreign currency, e.g. GBP (£).
Ambulance Service
Pádraig Mac Lochlainn
Question:95 Deputy Pádraig Mac Lochlainn asked the Minister for Health and Children if he had at any time a relationship with a private ambulance company (details supplied); and if he will make a statement on the matter. [13054/11]
I have not now, nor ever had, a business relationship with the company outlined in the details supplied.
Hospital Staff
Pádraig Mac Lochlainn
Question:96 Deputy Pádraig Mac Lochlainn asked the Minister for Health and Children if he will publish the audits and special investigation reports regarding public hospital consultants who were allegedly in breach of their contracts by continuing to conduct private practice or who carried out a level of private practice beyond the set limits; and if he will make a statement on the matter. [13055/11]
The 2008 consultants' contract includes measures to strengthen the management, monitoring and control of activity in hospitals with a view to ensuring that the level of consultant private practice within public hospitals does not exceed the permitted ratio. The HSE in conjunction with the ESRI has introduced a range of new measurement systems in order to meet the requirements of the contract.
The HSE is currently auditing the implementation of the contract. Revised performance measures are currently being developed which will enable the Executive to publish summary statistics in relation to compliance towards the end of 2011.
Since January 2009 each consultant is issued with a monthly public/private mix measurement report. This documents the consultant's activity in relation to inpatient, day case, outpatient and diagnostic activity over the previous three months. Under the terms of the contract, written notification will issue within a period of a month to a consultant who exceeds the permitted level of private practice.
The contract provides that the employer may require the consultant to remit monies in respect of any private practice excess to a research and study fund.
Medical Cards
Jack Wall
Question:97 Deputy Jack Wall asked the Minister for Health and Children the position regarding the renewal of a medical card in respect of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [13064/11]
As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
Medical Inquiries
Finian McGrath
Question:98 Deputy Finian McGrath asked the Minister for Health and Children if he will provide an update on an investigation (details supplied). [13065/11]
As this is a service matter the question has been referred to the HSE for direct reply.
Medical Cards
John McGuinness
Question:99 Deputy John McGuinness asked the Minister for Health and Children if a medical card will be issued in respect of a person (details supplied) in County Kilkenny and if he will expedite the matter. [13089/11]
As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
Health Services
Bernard J. Durkan
Question:100 Deputy Bernard J. Durkan asked the Minister for Health and Children if and when nursing home accommodation or an alternative will be afforded to a person (details supplied) in County Kildare in view of the fact that all documentation has been provided; and if he will make a statement on the matter. [13098/11]
As this is a service matter it has been referred to the Health Service Executive for direct reply.
Sean Fleming
Question:101 Deputy Sean Fleming asked the Minister for Health and Children if physiotherapy services will be restored to a health centre (details supplied) immediately; and if he will make a statement on the matter. [13112/11]
As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
Bernard J. Durkan
Question:102 Deputy Bernard J. Durkan asked the Minister for Health and Children if he will undertake a review of the accommodation requirements at a health centre (details supplied) in County Kildare; if he will enter into dialogue with the Health Service Executive and the local community in an effort to address these issues; and if he will make a statement on the matter. [13116/11]
As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
Health Service Expenditure
Niall Collins
Question:103 Deputy Niall Collins asked the Minister for Health and Children if his attention has been drawn to the proposal by the Health Service Executive to cut funding for the mid-west region across all services by €17.59 million which is in addition to cuts already announced in 2011, these cuts amount to €12.1 million in acute services and €5.42 million primary care services; if he will instruct the Health Service Executive to abandon this latest proposal; and if he will make a statement on the matter. [13119/11]
The Health Service Executive is not planning to cut funding for the HSE West (Mid West Area) in 2011. The budget for health services in the Mid West Area for this year was allocated in January at €605m and this remains unchanged. What is apparent from the April accounts is that the Mid West Area is overspending by approximately €4m per month for the first four months of this year. While acknowledging that service pressures are highest in the 1st Quarter, it is clear that corrective action is urgently required to address what is potentially a major financial problem.
The core objective in the Mid West Area remains the delivery of the 2011 service plan activity and performance targets, which overall provides for a similar volume of services to that provided in 2010, but within the budget allocated for the year. A range of cost containment plans and control measures have been prepared by management in order to address the financial challenge. These measures are targeting non front-line service areas in the first instance in order to ensure that services for patients and clients are protected. This includes measures to improve productivity, secure better procurement and value for money and deliver efficiencies under the Croke Park Agreement.
The package of cost containment plans with a value of €17m in the current year includes measures to address areas such as:
Streamlining management structures and functional supports
Streamlining service delivery
improving day case activity levels
Improving same day admission for services and operating theatre efficiency
Reducing average length of stay
Controlling overtime, agency and on-call costs
Reducing absenteeism
Controlling travel and subsistence costs, legal costs and professional fees
Securing better pricing for non pay items and consumables
Improving income collection
All areas of expenditure and income generation are being examined across the services to ensure that maximum value for money and efficiency is being achieved. Measures that do not have front line service implications are being implemented in the first instance. Measures that have a potential to impact on front line patient or client services will only be considered following a full evaluation and impact assessment and consideration at a national level.
Health Services
Joanna Tuffy
Question:104 Deputy Joanna Tuffy asked the Minister for Health and Children the services available for children with autism living in Lucan, County Dublin; and if he will make a statement on the matter. [13122/11]
As the Deputy's question relates to service matters, I have referred this question to the Health Service Executive for direct reply.
Health Service Staff
Patrick O'Donovan
Question:105 Deputy Patrick O’Donovan asked the Minister for Health and Children the position regarding the chief dental officer; when the position is likely to be filled; and if he will make a statement on the matter. [13123/11]
Given the introduction of the moratorium it has not been possible to fill the post of Chief Dental Officer although until mid 2009 our Department did have the services of a dental advisor. The dental advisor has since completed her secondment and returned to the HSE. However, a review of this Department was recently carried out as part of the Organisational Review Programme under the auspices of the Department of An Taoiseach, as a result of which we will review the balance of skills needed to enable us to carry out our functions into the future. As part of this process we will consider the future position of the Chief Dental Officer.
Medical Cards
Patrick O'Donovan
Question:106 Deputy Patrick O’Donovan asked the Minister for Health and Children the position regarding a medical card application in respect of a person (details supplied) in County Limerick. [13130/11]
As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
Jack Wall
Question:107 Deputy Jack Wall asked the Minister for Health and Children the position regarding a medical card application in respect of a person (details supplied) in County Laois; and if he will make a statement on the matter. [13134/11]
As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
Alcohol Branded Sponsorship
Kevin Humphreys
Question:108 Deputy Kevin Humphreys asked the Minister for Health and Children the status of any working group in his Department studying the phasing out of alcohol branded sponsorship in sporting and cultural events; the terms of reference on any working group studying the issue; if they are working with other Departments; his views on alcohol sponsorship of sporting and cultural events; and if he will make a statement on the matter. [13154/11]
A Working Group was established in 2008 to "discuss the question of the sponsorship of sporting events by the alcohol industry with a view to phasing it out", its report was published in June 2010. The Report showed that there were two different views represented in the Working Group; but it was not charged with finding a means of reconciling these opposing views or to assess the relative merits of the arguments made.
The Report was then referred to the Steering Group that is developing the National Substance Misuse Strategy to assist it in its deliberations on actions to tackle the harm caused to individuals and society by alcohol use and misuse and on the issues of alcohol marketing and sponsorship.
The Steering Group is made up of representatives from the Departments of Sport, Tourism & Culture, Environment, Heritage & Local Government, Justice & Equality and Education & Skills along with a representative from the former Department for Community , Equality & Gaeltacht Affairs.
In addition, as part of its work, the Group invited individuals and groups to submit proposals with regard to alcohol.
The question of alcohol branded sponsorship in sporting and cultural events is under consideration and the report of the National Substance Misuse Strategy Steering Group will be finalised in the coming months.
Medical Investigations
Clare Daly
Question:109 Deputy Clare Daly asked the Minister for Health and Children if he will outline the 11 recommendations made in the investigation into the death of a person (details supplied) and the reason three of the recommendations have not yet been implemented over a year after the death. [13155/11]
This case was investigated under the National Incident Protocol by the HSE, using the Investigation Procedure and Toolkit to identify factors that contributed to this maternal death. To address these contributory factors and to prevent future harm arising from them 11 actions were recommended.
Recommendations were made in relation to the need to identify clinical pathways for the management of such cases.
The recommendations are as follows:
1. The need to identify clinical pathways relating to management of women with an intrauterine death in third trimester to complement existing medical management policy.
2. The Guidelines for Medical Management of Intrauterine Death should be revised in line with a review of the medical literature.
3. Details of all patients for Induction of Labour, regardless of place of induction should be centrally documented.
4. This recommendation cannot be disclosed as it contains personal, private, sensitive and confidential information relating to the individual patient.
5. Develop a brief operational outline of the Gynaecology Department to assist staff who are sent there on an occasional/intermittent basis.
6. Due to the complexity of work, there is a need for an updated training needs analysis of all midwifery and nursing staff on the gynaecology ward.
7. There should be a designated individual with responsibility for coordinating, monitoring and auditing the Basic Life Support attendance and Advanced Life Support Skills attendance, ideally a designated Resuscitation Training Officer.
8. An Obstetric Early Warning System should be introduced and evaluated.
9. Install additional phone lines in the ward.
10. A review of the possibility of emergency call bells or designated phones for emergencies in each room should be carried out and measures taken to address this.
11. Hospital wide analysis of all doorways in clinical areas to establish the feasibility of moving a bed in a critical event.
I have been informed by the HSE that all but the 7th recommendation have now been implemented. Discussions are under way in the HSE to bring the implementation of this recommendation to conclusion.
Medical Cards
Jack Wall
Question:110 Deputy Jack Wall asked the Minister for Health and Children the position regarding an application for a medical card in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [13168/11]
As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
Jack Wall
Question:111 Deputy Jack Wall asked the Minister for Health and Children the position regarding an application for a medical card in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [13172/11]
As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.
Nursing Homes Support Scheme
Bernard J. Durkan
Question:112 Deputy Bernard J. Durkan asked the Minister for Health and Children the action he will take to ensure the operation of the nursing home subvention scheme, fair deal programme; if it is expected to ensure the on-going operation of the scheme; if legislation is likely to become necessary to meet any contingencies; and if he will make a statement on the matter. [13205/11]
The Minister for Health and Children has recently been made aware of a serious shortfall in the budget for Long-term Residential Care for this year. The budget is coming under pressure from, amongst other things, increases in overall costs and increases in net demand for long term care. Furthermore the HSE has advised that the Long-term Residential Care subhead is also funding services other than those covered by the Nursing Homes Support Scheme. I should point out that we understand these other services, which include therapies and medications, are being provided to people in nursing homes. The Minister is currently seeking to ensure that only agreed costs are met from the Long-term Residential Care subhead.
The Minister has sought further information about the level of funding provided for, and the costs drivers impacting on the Long-term Residential Care subhead. The main priority at this stage is to establish what steps might be taken to allow more people to benefit from the scheme.
In the meantime, applications for financial support under the scheme will continue to be accepted and processed. However decisions to grant approval will be subject to the availability of funding.
A full examination of the funding situation is underway, conducted jointly by the Department of Health and the HSE.
Health Service Staff
Bernard J. Durkan
Question:113 Deputy Bernard J. Durkan asked the Minister for Health and Children the full complement of nursing and care staff required at Maynooth community hospital, County Kildare; the degree to which such requirements are being met in full; if any changes are necessary; and if he will make a statement on the matter. [13206/11]
As this is a service matter it has been referred to the Health Service Executive for direct reply.
Hospital Waiting Lists
Bernard J. Durkan
Question:114 Deputy Bernard J. Durkan asked the Minister for Health and Children if a person (details supplied) will receive an appointment at Tallaght hospital, Dublin; and if he will make a statement on the matter. [13207/11]
As this is a service matter, it has been referred to the Health Service Executive for direct reply.
Road Safety
David Stanton
Question:115 Deputy David Stanton asked the Minister for Transport, Tourism and Sport the legal obligations of local authorities regarding road makings, signage and so on for primary and second level schools; and if he will make a statement on the matter. [13100/11]
The new Traffic Signs Manual was published in January of this year. The Traffic Signs Manual constitutes a direction given to road authorities under section 95(16) of the Road Traffic Act 1961 in relation to the provision of traffic signs, other than regulatory signs.
Regulations will be required to give legal effect to some elements of the new Manual. These Regulations are being prepared by my Department at present and I expect to approve them in the near future. In the meantime, while there is no statutory obligation for road authorities to provide any warning signs, speed limit signs or road markings at or adjacent to a school, the Traffic Signs Manual provides guidance and details of the traffic signs which may be used at or near schools, including their layout and symbols, and the circumstances in which the signs may be used and the rules for positioning them.
Road Signage
Patrick Deering
Question:116 Deputy Pat Deering asked the Minister for Transport, Tourism and Sport if he will ensure that Carlow is added to the motorway sign, at the point that the M7 and M9 split at junction 11. [13142/11]
As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme element of Transport 21. The construction, improvement and maintenance of individual national roads, is a matter for the National Roads Authority under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned. In particular I would draw the Deputy's attention to section 19 of the principal Act.
Noting this I have referred the Deputy's question to the NRA for direct reply. The Deputy should advise my private office if he does not receive a reply within 10 working days.
Taxi Regulations
Paschal Donohoe
Question:117 Deputy Paschal Donohoe asked the Minister for Transport, Tourism and Sport if individual taxi drivers will have an opportunity to input directly into the review he will be undertaking into the taxi industry; and if he will make a statement on the matter. [13145/11]
Robert Dowds
Question:118 Deputy Robert Dowds asked the Minister for Transport, Tourism and Sport his response to a television programme (details supplied) on the taxi industry. [13149/11]
I propose to take Questions Nos. 117 and 118 together.
The forthcoming review of the taxi sector will be undertaken in line with the commitment in the Programme for Government and its Terms of Reference will be announced shortly. The review will enable stakeholder consultation so that the views of both the taxi sector as well as the interest of consumers can be addressed.
To date I have met with various taxi representative bodies and will continue to do so over the coming weeks.
National Car Test
Robert Dowds
Question:119 Deputy Robert Dowds asked the Minister for Transport, Tourism and Sport the position regarding the operation of the national car testing service at a facility (details supplied) in Clondalkin, Dublin 22; and if he will make a statement on the matter. [13150/11]
Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) the Road Safety Authority has responsibility for the delivery of the National Car Test.
The RSA has overall responsibility for the operation, oversight, development, quality assurance and delivery of vehicle testing arrangements. The testing function is carried out by Applus, since January 2010, under a contractual arrangement with the RSA.
I have requested the RSA to respond to the specific aspect of the Deputy's question. If he has not received a response within ten days, he should contact my office.
Taxi Regulations
Robert Dowds
Question:120 Deputy Robert Dowds asked the Minister for Transport, Tourism and Sport the role of An Garda Síochána in regulating the taxi industry. [13151/11]
An Garda Síochána is responsible for the vetting of Small Public Service Vehicle driver licence applicants and the issue of such licences. It has also a key role in taxi regulation enforcement, which it carries out in cooperation with the National Transport Authority under the Taxi Regulation Act 2003. Members of An Garda Síochána are authorised persons for the purpose of Section 49 of the 2003 Act. A review of how this system is operating is currently ongoing.
Departmental Schemes
Seán Kenny
Question:121 Deputy Seán Kenny asked the Minister for Transport, Tourism and Sport if the golden trekker free rail travel scheme for visitors aged 66 years and older will be made available in 2011. [13159/11]
Following a comprehensive review of the costs and benefits of the 2010 pilot Golden Trekker scheme it was decided not to extend the scheme into 2011. While the scheme was a useful once-off initiative and helped to generate publicity for Ireland and the value now available here, the analysis by the agencies involved concluded that an extension of the pilot scheme would not be justified given the costs, benefits and resources available.
However, as part of the ongoing positive commitment from Iarnród Éireann to tourism I was pleased to announce yesterday that senior citizens from overseas will be able to travel anywhere within the Iarnród Éireann network for a maximum fare of €26.
Overseas visitors of any age can also avail of the many other competitive offers available from Iarnród Éireann.