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Dáil Éireann debate -
Tuesday, 25 Oct 2011

Vol. 744 No. 4

Written Answers

The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].
Questions Nos. 1 to 14, inclusive, answered orally.
Questions Nos. 15 to 37, inclusive, resubmitted.
Questions Nos. 38 to 46, inclusive, answered orally.

Garda Vetting of Personnel

Michael McGrath

Question:

47 Deputy Michael McGrath asked the Minister for Justice and Equality the number of applicants on the current waiting list for Garda vetting approval; the year-on-year increase in applicants from 2008, 2009, 2010 and to date in 2011; the average waiting time and the measures he has taken to address this problem; and if he will make a statement on the matter. [31105/11]

I am informed by the Garda Authorities that at present, there are around 50,000 applications in the course of being processed and that the average processing time for vetting applications received at the Garda Central Vetting Unit (GCVU) is approximately 9 weeks. While there can be seasonal fluctuations, the average processing time of 9 weeks is a significant improvement on the average processing time of 12 weeks at the end of last year.

There has been a substantial increase in the volume of vetting applications received by the GCVU over recent years. The year on year increase since 2008 is as follows:

2008

2009

2010

2011 (to 30/09/11)

218,404

246,194

291,938

228,454

I am very conscious of the need to keep the time required to obtain a vetting to the minimum possible. Since taking office I have taken a number of initiatives with a view to achieving this objective.

In that regard, the sanction of the Department of Finance was obtained to retain the services of 10 temporary employees working in the GCVU. A further sanction was obtained to engage an additional 10 temporary employees and these have recently commenced work in the GCVU. That brings the staffing levels in the GCVU to 102. This is composed of 5 Gardaí, 76 full-time Garda civilian personnel and 20 temporary civilian personnel. The Unit is headed by a Garda Superintendent. This represents a very significant increase in the level of personnel assigned to the unit, which stood at only 13 before the current process of development in Garda vetting began in 2005. All of this should have a positive impact on processing times. I am looking at other options which may assist further in reducing processing times.

Prison Accommodation

Barry Cowen

Question:

48 Deputy Barry Cowen asked the Minister for Justice and Equality if he will provide an individual breakdown of the recommended capacity of each prison; the current number of inmates incarcerated in them; and if he will make a statement on the matter. [31110/11]

I am informed by the Irish Prison Service that there were 4,275 prisoners in custody on 20 October, 2011 against a bed capacity of 4,510. This represents an occupancy level of 95%. The information requested with the breakdown per prison is set out in the attached table.

As the Deputy may be aware, there has been a consistent increase in the total prisoner population in Ireland over recent years, with dramatic increases in the number of sentenced prisoners, those being committed on remand and a trend towards longer sentences. The problem of prison overcrowding therefore remains a challenging issue which unfortunately cannot be resolved overnight.

I share the view of the Thornton Hall Review Group that decisive action is required on a number of fronts in order to address the problem of overcrowding and poor physical conditions particularly in Mountjoy and Cork Prisons. As the Deputy will know, the Government has decided in principle to proceed with the construction of new prison facilities at Thornton Hall and also at Kilworth, County Cork, albeit on a much smaller scale and design to that previously envisaged. The timeframe for this project is currently being discussed in the context of the Government's discussions on capital spending priorities for 2012.

The State has also been engaged in an ongoing capital programme with almost 600 additional prisoner spaces constructed and brought into use since January 2008. There are a number of ongoing projects, most notably the construction of a new accommodation block at the Midlands prison. This will provide a potential 300 spaces, a new kitchen and work training/education block, and an extension to the visits/reception areas. It is planned to have the new block fully commissioned by mid 2012. An administrative building on the Dóchas site has also just been converted into a new accommodation block which will provide 70 spaces. These will become operational next month.

Institution

Bed Capacity

Number in Custody

% of Bed Capacity

Mountjoy (m)

590

588

100%

Mountjoy (f)

105

117

111%

St. Patrick’s

217

186

86%

Cork

272

281

103%

Limerick (m)

290

293

101%

Limerick (f)

34

27

79%

Castlerea

351

356

101%

Cloverhill

431

418

97%

Wheatfield

700

679

97%

Portlaoise

359

256

71%

Arbour Hill

148

149

101%

Midlands

616

598

97%

Training Unit

127

113

89%

Loughan House

160

110

69%

Shelton Abbey

110

104

95%

Total

4,510

4,275

95%

Restorative Justice

Pearse Doherty

Question:

49 Deputy Pearse Doherty asked the Minister for Justice and Equality when he expects to expand the community restorative projects in Tallaght, Dublin 24, and Nenagh, County Tipperary; and if he will make a statement on the matter. [31241/11]

Following examination of the final report provided by the National Commission on Restorative Justice my Department, through the Probation Service, introduced a scheme to test a range of restorative interventions for adult offenders based on the recommendations contained in the report.

The scheme involves the expansion of both the Nenagh and the Tallaght projects. The Nenagh Community Reparation project has been expanded into Districts Courts in Tipperary Town, Borrisokane and Roscrea. The Tallaght based project has been expanded to the Criminal Courts of Justice and to Courts in South Co. Dublin.

The objective of the scheme is to build the foundation for the implementation of a robust restorative justice model of practice providing an alternative to a prison sentence of less than 12 months duration. This will test the model's ability to manage up to 100 adult offenders by Community Reparation and up to 300 by the Restorative Justice Service.

The Probation Service will monitor, oversee, and evaluate the implementation of the scheme and will provide a report on the effectiveness and value for money of the model after a 12 month operational period. The Deputy can be assured that my focus is to encourage the use, to the greatest extent possible, of the menu of non-custodial options available to the courts. I believe the restorative justice concept has a place in that range of available options.

Traveller Community

Charlie McConalogue

Question:

50 Deputy Charlie McConalogue asked the Minister for Justice and Equality if he will give details of his proposals, revealed in Geneva, Switzerland, on 6 October 2011, to confer ethnic status on Irish Travellers; and if he will make a statement on the matter. [31130/11]

During the course of the examination by a working group of the UN Human Rights Council of Ireland's report to that Council, prepared under the Universal Periodic Review procedures of the Council, I was asked, among many other matters, about the position of Travellers in Irish society.

One delegation specifically recommended that Ireland should recognise Travellers as an ethnic minority while other interventions were of a more general nature. I replied that serious consideration is being given to granting such recognition.

I am aware of the long-standing wish of some Travellers that such status be granted but equally that there is no unanimity among Travellers about this issue. The previous Government was of the view that Travellers are not an ethnic minority.

I am aware that dialogue between staff of my Department and representatives of Traveller organisations has taken place on the issue, most recently on 11 November 2010 during the course of a seminar on the third State report under the Council of Europe Convention on National Minorities. Consideration is ongoing and I intend that the question will be before the Government for decision as soon as possible.

Judicial Appointments

Timmy Dooley

Question:

51 Deputy Timmy Dooley asked the Minister for Justice and Equality the current status of the judicial council; if it will have a role in judicial appointments; and if he will make a statement on the matter. [31114/11]

As indicated in the Government Legislation Programme announced by the Chief Whip on 14 September 2011, the Judicial Council Bill is in the course of being drafted with a view to being published in early 2012. As well as providing for the establishment of a Judicial Council which will promote excellence and high standards of conduct by judges, the proposed Bill is aimed at providing a means of investigating allegations of Judicial misconduct supported by the establishment of a Judicial Conduct Committee. Both the Council and the Committee are to include lay representation.

The appointment of judges is, and in my view should remain, a separate matter. Judges are appointed by the President on the advice of the Government. At present, such appointments are dealt with by the Judicial Appointments Advisory Board which was established pursuant to the Court and Courts Officers Act 1995. Under Section 16 of the Act, where a judicial office stands vacant or before a vacancy in a judicial office arises, the Advisory Board submits to me, as Minister for Justice and Equality, the names of all persons who have informed the Advisory Board of their wish to be considered for appointment to that vacancy and the names of at least seven persons whom it recommends for appointment. I then bring the names to Government. Section 17 of the same Act provides that these procedures shall not apply where the Government propose to advise the President to appoint a serving judge. I have asked officials at my Department to undertake a review of the current process of judicial appointment, with particular reference to the practice in other jurisdictions. That review is ongoing and I do not wish to prejudge its outcome — I will be returning to the matter when the review is complete.

Garda Complaints Procedures

Luke 'Ming' Flanagan

Question:

52 Deputy Luke ‘Ming’ Flanagan asked the Minister for Justice and Equality the reason the Garda has failed to investigate an allegation made against a person (details supplied) in County Clare. [30796/11]

I am informed by the Garda authorities that, following a formal complaint made to An Garda Síochána, investigating gardaí searched the home of the person referred to by the Deputy under warrant in June 2010 and seized a number of items as part of their investigation. The person was subsequently arrested on suspicion of having committed an offence of harassment under section 10 of the Non-Fatal Offences Against the Person Act 1997. An investigation file was forwarded for directions to the Director of Public Prosecutions. In April 2011, the DPP directed no prosecution against the person at that stage. The person subsequently contacted investigating Gardaí seeking to have his property returned. Following review of the matter by An Garda Síochána, the property was returned in September 2011.

The person subsequently complained to the responsible Chief Superintendent in respect of the complaint originally made against him. He declined to refer his complaint to the Garda Síochána Ombudsman Commission. He requested that it be dealt with by the Chief Superintendent, who explained the nature of the complaint against him that was the subject of the Garda investigation. The Chief Superintendent responded in writing to the person on 5 October, 2011.

I am informed by the Garda authorities that local Garda management is satisfied that there is no basis for the complaints being made by the person. It remains open to the person to contact the Garda Síochána Ombudsman Commission.

Prison Inspections

Pádraig Mac Lochlainn

Question:

53 Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality when he expects to get a full report on the extent to which those aspects of the recommendations of the Inspector of Prisons and Places of Detention have been implemented; any information he may have about the implementation of these recommendations; and if he will make a statement on the matter. [31240/11]

I receive regular updates on the implementation of the Inspector's recommendations. The Inspector himself recognised that in certain areas prisons will not be able to comply with all the recommendations in the short term. As long as there is overcrowding and limitations on resources there will be difficulties in achieving full implementation.

However, progress is being made. To give examples, issues raised by the Inspector regarding the general cleanliness of prisons including the need for broken fittings to be replaced are being addressed by the Governors of each institution. A programme for painting and cleaning is in place in each prison and those programmes are sufficient to meet the needs of that prison.

Areas mentioned by the Inspector include the use of special cells, prisoners' complaints and the procedure to be followed following deaths of persons in custody. New procedures have been adopted and will be supported by changes to the Prison Rules which have been drafted. These are being finalised in conjunction with the Office of the Attorney General.

The Inspector also referred to minimum standards for prison accommodation and the regimes and services that should be provided. The Government, as you know, is committed to the elimination of slopping out in prisons. The upgrade of more than 100 cells at Mountjoy Prison, including the installation of in-cell sanitation, will be completed by the end of this month. The Irish Prison Service will then consider the feasibility of installing in-cell sanitation in the remaining cells of Mountjoy and to other facilities elsewhere. The completion of the Midlands Prison extension and the provision of 70 extra dormitory style spaces in the Dóchas Centre will mean that 80% of the prisons estate will have in-cell sanitation by mid 2012.

The Inspector also recommended the creation of dedicated committal areas and vulnerable persons units in each closed prison. The Irish Prison Service is looking at all options available to implement these recommendations where they are not already in place.

In relation to the Inspector's recommendation that drug free units be established in each closed prison to accommodate drug free prisoners, I can advise that Arbour hill, St. Patrick's Institution, the Training Unit and Wheatfield Prison already have drug free wing/landings or areas within their prisons. A drug free unit in Mountjoy Prison will become operational before the end of the year. The template developed for the operation of this unit should have application across many of the closed prisons where the development of a drug free unit is warranted. To this end, the Health Care Directorate, working in conjunction with prison management, is looking at the options for the development of drug free areas in closed prisons.

Crime Levels

Gerry Adams

Question:

54 Deputy Gerry Adams asked the Minister for Justice and Equality if he will provide information on the Garda clearing rates for crime on a divisional basis, broken up into types of crime; and if he will make a statement on the matter. [31233/11]

Following the submission in 2004 of a report and recommendations by an expert group on crime statistics, it was decided that the compilation and publication of crime statistics should be taken over by the Central Statistics Office, as the national statistical agency, from An Garda Síochána. The Garda Síochána Act 2005 consequently makes provision for this and the CSO has established a dedicated unit for this purpose. Following the setting up of the necessary technical systems and auditing of the data from which the statistics are compiled, the CSO is now compiling, publishing and responding to queries regarding recorded crime statistics. I have requested the CSO to provide the detailed statistics which he has sought directly to the Deputy.

Detection rates vary, depending on the types of offences involved, with, for example, an 83% rate for homicides in 2010. I fully support the efforts of An Garda Síochána to maintain detections at as high a level as possible.

Michael Colreavy

Question:

55 Deputy Michael Colreavy asked the Minister for Justice and Equality the number of information letters issued to victims of crime utilising the Pulse computer system, broken up into divisional areas and based on the year of sending; and if he will make a statement on the matter. [31238/11]

The Garda Computer system, PULSE, has the capacity to generate automated letters to victims of crime. PULSE letters are sent when a crime is reported to An Garda Síochána. It contains the name of the investigating Garda, how to contact the Garda, details of the PULSE incident number and the number of the National Crime Victims Helpline or Irish Tourist Assistance Service as appropriate. A second PULSE letter is sent to an injured party where a person has been made amenable for the crime, including where a person has been charged, summonsed, dealt with by Adult caution or under the Juvenile Diversion Programme.

PULSE letters improve communications with victims of crime through the provision of information and by providing reassurance that their report is being dealt with by An Garda Síochána. The general feedback from victims and victim support organisation has been positive to the PULSE letters.

It can be seen from the table circulated that the number of letters issued in the first two quarters of 2011 was pro rata 11% greater than the number of letters issued in 2010, and was 26% greater than in the first two quarters of 2009.

I am circulating a table containing the information requested.

Pulse Letters to Victims for 2009-2011

Division

Year

2009Quarter 3 & 4*

2010

2011Quarter 1 & 2

Cavan/Monaghan

1,041

2,123

1,086

Clare

520

1,656

655

Cork City

1,700

3,883

2,101

Cork North

589

1,417

896

Cork West

463

981

663

D.M.R. East

1,931

4,016

1,882

D.M.R. North Central

3,261

5,764

3,151

D.M.R. North

3,535

6,777

3,627

D.M.R. South Central

2,254

5,603

4,078

D.M.R. South

3,055

7,236

3,874

D.M.R. West

4,015

8,349

5,118

Donegal

1,022

2,358

1,271

Galway

1,607

3,006

1,155

Kerry

764

1,689

779

Kildare

572

1,964

1507

Kilkenny/Carlow

750

3,553

1915

Laois/Offaly

977

2,200

1,267

Limerick

2,759

6,080

3,307

Louth

1,495

3,009

1,430

Mayo

420

1,746

897

Meath

1,473

3,408

1,912

Roscommon/Longford

627

1,650

910

Sligo/Leitrim

618

1,434

859

Tipperary

971

2,216

1281

Waterford

1,637

3,767

1,774

Westmeath

843

1,529

788

Wexford

1,139

2,676

1,605

Wicklow

1,125

3,026

2,079

National Total

41,163

93,116

51,867

*Garda Síochána Crime Victims Office, established in Third Quarter 2009

Garda Stations

Pádraig Mac Lochlainn

Question:

56 Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality his plans to close any Garda stations here; the timeframes associated with either decisions on closures or actual closures; and if he will make a statement on the matter. [31239/11]

As with every other public sector organisation, the reality is that the Garda Síochána is going to have to manage with reduced resources. The Garda Commissioner is therefore quite properly reviewing all aspects of the Garda Síochána's policing model, so as to ensure that Garda resources are managed and deployed in the most appropriate manner to meet existing and emerging policing requirements.

The Garda Commissioner's review will examine all aspects of current policing, including the deployment of personnel, the utilisation of modern technologies and the operation of Garda stations.

While no decision has been taken, clearly the reduction in public opening hours in some Garda stations, and the closure of other Garda stations, will be issues that the Garda Commissioner will have to address as part of the review. He may well have to consider whether, in appropriate cases, a better policing service could be delivered to a local community by having Garda members out on patrol rather than in a station.

I will very carefully consider the outcome of this review and the Commissioner's policing plan for next year with the objective of ensuring that priority is given to the maintenance of front-line services.

Crime Strategy

Dessie Ellis

Question:

57 Deputy Dessie Ellis asked the Minister for Justice and Equality if he will provide an update on the formulation of a new State anti-crime strategy; the timeline and any possible initiatives to be contained within; and if he will make a statement on the matter. [31231/11]

Work on the development of a White Paper on Crime is at an advanced stage, following an extensive consultation process. The intention is that this will incorporate a framework National Anti-Crime Strategy which will reflect and respond to the issues raised during the White Paper on Crime consultation process.

Drug Seizures

Robert Dowds

Question:

58 Deputy Robert Dowds asked the Minister for Justice and Equality the extent to which crystal methamphetamine has become a problem for the Garda; if he regards crystal methamphetamine as having the potential to cause widespread social damage as witnessed in the United States of America; the number of seizures of crystal methamphetamine in each of the last five years; and the steps the Garda and his Department are taking to proactively tackle the potential emergence of this drug here. [31049/11]

Methamphetamine is a controlled drug under the Misuse of Drugs Acts 1977 and 1984. Recorded seizures of methamphetamine by An Garda Síochána and the Revenue Customs Service, as recorded by the Forensic Science Laboratory, for the years 2007-2011 (up to 30 September, 2011) are set out below.

I am further informed by the Garda authorities that a recent seizure of methamphetamine at Dublin Airport was found to be in crystal form. However, the Garda National Drugs Union is of the opinion that this was an isolated seizure and is not indicative of a new or developing phenomenon with regard to this drug.

The Health Service Executive has also advised that the number of persons currently presenting for drug treatment services who report any use of crystal methamphetamine remains very small. That said, as the Deputy has highlighted, misuse of methamphetamine remains a significant part of the international drug problem and its abuse can result in extremely harmful medical and social consequences. We must therefore continue to monitor the drugs situation as it occurs so as to identify any emerging trends.

As the Deputy may be aware an Early Warning Emerging Trends Sub-Committee, under the auspices of the National Advisory Committee on Drugs (NACD), is in place to monitor emerging trends in problem drug use in this jurisdiction. Representation on this Committee includes a range of State departments and agencies including my own Department and An Garda Síochána.

I am informed that An Garda Síochána is acutely aware of the dangers associated with this drug. In 2007 the Garda National Drugs Unit hosted an international seminar, under the EU-funded AGIS Programme, to examine the potential threat posed by methamphetamine within the European Union.

An Garda Síochána remains committed to tackling the supply of all drugs at all levels in keeping with its commitment to the National Drugs Strategy. An Garda Síochána in liaison with the Customs authorities and its European counterparts, will continue to closely monitor the availability of drugs including methamphetamine within this jurisdiction, based on an on-going analysis of intelligence and drug-seizure data.

Seizures of Methamphetamine recorded by the Forensic Science Laboratory for each year 2007-2011

Year

Quantity

2011*

1.378 kg (34 cases)

2010

404 g (20 cases)

2009

1.213 kg (27 cases)

2008

4.7k gs (26 cases)

2007

10 g (5 cases)

*(up to 30 September 2011)

Human Trafficking

David Stanton

Question:

59 Deputy David Stanton asked the Minister for Justice and Equality if he will provide details of his review of the current legislation on human trafficking and prostitution; and if he will make a statement on the matter. [31265/11]

I assume the Deputy is referring to the announcement I made last week concerning a consultation process to help inform the future direction of legislation on prostitution. For ease of reference, I am appending the text of the relevant press release and trust that it explains the position in this matter.

Minister Shatter announces publication of his Department's report on Sweden's legislation to combat prostitution and human trafficking

17 October 2011

The Minister for Justice, Equality and Defence, Mr. Alan Shatter T.D., today announced publication of a report of the Department of Justice and Equality on Sweden's legislation criminalising the purchase of sexual services — often referred to as the "Swedish model".

In July, 2010 Sweden published the findings from the first formal evaluation of its 1999 ban on the purchase of sexual services. In September last year, the Dignity Project arranged a visit to Sweden by a group which included representatives of what was then the Department of Justice and Law Reform and An Garda Síochána to meet officials and experts in this area and to discuss the Swedish legislation and its operation. Following the visit, a report was prepared by the Department for the then Minister, and after consideration by him it was submitted to the Attorney General's Office.

Since then Minister Shatter has carefully examined the report and the advice subsequently received from the Attorney General.

Announcing publication of the report, Minister Shatter stated "I am determined to ensure that everything that can possibly be done to combat prostitution and human trafficking will be done. However, it will be recognised that any proposal to criminalise the purchase of sex within our legal and constitutional framework raises complex issues and would have to be considered very carefully. Also, it is inevitable that there will be conflicting views about such a proposal and representations made to me in this matter reflect different and genuinely held views. There has been much media coverage on these matters and, in order to help inform public debate, I have decided to put my Department's report into the public domain."

Minister Shatter also said:

"I am concerned to ensure that public debate on this issue is open to the widest possible audience. I therefore intend to arrange a consultation process to help inform the future direction of legislation on prostitution". A consultation document to facilitate this process is being prepared and the Minister will make a further announcement shortly.

The report is available on the Department's website www.justice.ie.

Ends

Note to Editors

The Dignity Project was an EU funded, inter-agency and inter-jurisdictional research project which examined services provided for victims of human trafficking with a view to replicating best practice models in partner countries. Led by the Dublin Employment Pact and the Immigrant Council of Ireland, Dignity concluded its work at a final conference held in February, 2011.

Legislation introduced in Sweden in 1999 provides that a person who obtains or attempts to obtain a casual sexual relation, in any place, in return for payment commits the offence of purchase of sexual service.

In Ireland, traditionally the law has had two objectives. Firstly, it is aimed at protecting society from the more intrusive aspects of such activity from a public order perspective. For that reason, under the Criminal Law (Sexual Offences) Act 1993, which codified the law relating to prostitution, it is an offence to solicit in a street or public place for the purposes of prostitution. The offence can be committed by the client, the prostitute or a third party — a pimp, for example. The second objective of the law on prostitution is to protect prostitutes from exploitation. Accordingly, under the 1993 legislation, it is an offence to organise prostitution, coerce or compel a person to be a prostitute, knowingly live off the earnings of a prostitute, or keep or manage a brothel.

In this jurisdiction, it is not an offence, in itself, to sell sex. In general, it is not an offence to purchase sex either. However, the Criminal Law (Human Trafficking) Act 2008 made it an offence to knowingly solicit or importune a trafficked person, in any place, for the purpose of prostitution.

Courts Service

Aengus Ó Snodaigh

Question:

60 Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the timeframe for the proposed upgrade of the ICT system for the courts as well as the appointment of approved persons as receivers in order to introduce the remaining sections of the Fines Act; when he expects to receive this report, including implementation proposals, from the Courts Service; and if he will make a statement on the matter. [31229/11]

As I have previously informed the House, the majority of the Fines Act 2010 has been commenced. It is particularly important to note the commencement of Section 14 of the Act, which for the first time placed an obligation on the court to take account of a person's financial circumstances before the amount of a fine, if any, to be imposed.

Implementation work is continuing on two key sections of the Act. Section 15 provides for the payment of fines by instalment. There are a number of practical and technical issues required to commence this provision. As the Deputy will appreciate, the current system of payment allows only for a single payment in respect of each fine to be made within a specified period and this payment is recorded on the Courts Service IT system, the Criminal Case Tracking System (CCTS). In order to allow for a fine to be paid by instalments over a year or in certain circumstances longer as the Act provides, it is necessary for the system to be substantially modified to allow for the payment of instalments and to ensure that such instalments are accurately recorded and tracked.

In that regard, I met with the Courts Service management and informed them of this Government's commitment to ensuring that payment by instalments is introduced as speedily as possible. I requested the Courts Service to consider the matter and to report back with implementation proposals before the end of October 2011. The Courts Service has now reported that work has commenced on the development of the specifications of the necessary changes required to the CCTS to facilitate implementation. The Service is also in the course of establishing a Project Board, which will be representative of the relevant business units, to oversee the development of the CCTS enhancements. Subject to funding availability, it will take approximately 12 months to complete the administrative and technical modifications required.

Section 16 of the 2010 Act will require a judge, consequent on determining that a fine is to be imposed, to make an order appointing an "approved person", commonly referred to as a receiver, to recover the fine in the event of default.

The Courts Service is engaged in discussions with the Revenue Sheriffs, who have relevant experience through their work in the recovery of outstanding tax liabilities on behalf of the State, with a view to Sheriffs being nominated as approved persons. Again, some IT enhancements will be necessary in order to allow for the electronic transfer of recovery orders and data exchange with the receivers. This work will take approximately six months to complete and will be done concurrently with the other enhancement works already mentioned.

I should also point out that my Department is currently examining a number of proposed amendments to the 2010 Act which may be necessary to address some practical issues in terms of implementation. The Government remains committed to implementing the remaining provisions of the Fines Act 2010 as speedily as possible.

Legislative Programme

Denis Naughten

Question:

61 Deputy Denis Naughten asked the Minister for Justice and Equality his plans to reform the Irish Nationality and Citizenship Act 1956; and if he will make a statement on the matter. [30800/11]

I have no plans at present to reform the legislation on citizenship and naturalisation beyond those changes contained in the Civil Law (Miscellaneous Provisions) Act 2011.

My primary objective for legislative reform in the immigration area is to progress the Immigration, Residence and Protection Bill 2010 through the Oireachtas. I will, of course, continue to keep the Act in question under review.

Drug Dealing

Gerry Adams

Question:

62 Deputy Gerry Adams asked the Minister for Justice and Equality his plans or initiatives to deal with low and mid-level drug dealers, not only to arrest and convict, but to disrupt their operations and to ensure they do not profit from their business; and if he will make a statement on the matter. [31234/11]

Tackling serious crime including drug trafficking remains a key ongoing priority both for the Government and for An Garda Síochána.

These priorities are clearly reflected in the Garda Policing Plan for 2011. A key action in the Plan is the proactive targeting by An Garda Síochána of drug trafficking, including low-level drug dealing.

Under the direction of the Assistant Commissioner at An Garda Síochána's National Support Services, the Garda National Drugs Unit and the Criminal Assets Bureau are pursuing their respective remits.

As part of this structure, a strategic partnership has been established between the Garda National Drugs Unit and the Criminal Assets Bureau to particularly target those criminals and criminal groups believed to be deriving profits and assets from drug-related criminal activity.

In addition, the Criminal Assets Bureau continues to utilise the services of criminal assets profilers located in Garda Divisions throughout the country. The Bureau uses the valuable local knowledge supplied to them by these profilers to target the assets of known drug dealers in local communities.

The role of the Criminal Assets Bureau in tackling those involved in drug dealing, and the Bureau's focus on middle and lower ranking criminals, was acknowledged during the public consultation process which informed the development of the National Drugs Strategy 2009-2016.

With regard to further initiatives, the Deputy will be aware that the Programme for Government includes a commitment to strengthen the powers of the Criminal Assets Bureau in relation to the forfeiture of the proceeds of crime.

In this regard, an Expert Group, has been established under the auspices of my Department, to review the operation of the Proceeds of Crime legislation with a view to identifying possible improvements which would serve to enhance the powers of the Bureau. When that work concludes I will bring forward my proposals in the normal way.

Magdalene Laundries

Michael Colreavy

Question:

63 Deputy Michael Colreavy asked the Minister for Justice and Equality when he expects receipt of the interim report from the group assessing the State’s responsibilities regarding the victims of the Magdalene laundries; and if he will make a statement on the matter. [31237/11]

I can advise the Deputy that the Committee, under the independent chairmanship of Senator Martin McAleese, has submitted an interim progress report. The report was considered by Cabinet this morning and arrangements are being made for its publication.

Cash for Gold Industry

Mary Lou McDonald

Question:

64 Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide an update on the progress made and a timeframe for the report of the group within his Department that is looking into the cash for gold industry; and if he will make a statement on the matter. [31236/11]

My Department is currently finalising a report on criminal justice aspects of the "Cash for Gold" trade and I can inform the Deputy that this report will be submitted to me shortly for consideration. Following consideration of the report I will make an assessment as to what, if any, action, legislative or otherwise, may be required. I will, in due course, make known the report's findings and any proposals which may arise.

Drug Trafficking

Jonathan O'Brien

Question:

65 Deputy Jonathan O’Brien asked the Minister for Justice and Equality the relationship between this State and other EU countries in the Maritime Analysis and Operations Centre — Narcotics (MAOC-N); and if he will make a statement on the matter. [25090/11]

The Maritime Analysis and Operations Centre, Narcotics (MAOC-N) was established pursuant to an international agreement concluded on 30 September 2007 between Ireland, the Netherlands, Spain, Italy, Portugal, France and the United Kingdom.

The impetus for this regional initiative was a concern that the analysis of dug imports, in particular cocaine imports from South America into Western Europe, had shown an increase in illicit drug trafficking by sea and air across the Atlantic to Europe and the West African Seaboard. Furthermore, there was a concern about the difficulty in obtaining timely information for actions in this field.

The purpose of the Centre, which is based in Lisbon, is to facilitate cooperation in the suppression of illicit drug trafficking across the Atlantic towards Europe and the West African Seaboard, with the possibility of extending its operations, inter alia, into the Western Mediterranean basin. The functions of the Centre are collecting and analysing operational information, enhancing intelligence through better information exchange, and ascertaining the availability of assets to facilitate interdictions in accordance with the national laws of the Parties.

The Centre's work is primarily focused on intelligence exchange and cooperation between the Parties leading to the interdiction of large maritime and aviation drug shipments and the severing of links between transportation networks and the shore based command and control personnel.

All Parties to the Agreement are members of the Centre. The Executive Board of the Centre is comprised of a representative from each of the Parties. In addition, all of the Parties have national drug liaison officers stationed in the Centre who can assist in the exchange of intelligence with the other State Parties and in the development of international multi-agency operations.

Ireland is represented at the Centre by Liaison Officers from An Garda Síochána and the Revenue Commissioners (Customs Service). While significant funding contributions towards the centre are made by the European Commission, additional costs are borne equally by the Parties to the Agreement.

The Centre has played a significant role in assisting the interception of narcotic shipments destined for the European Union arriving from the Americas. Since the Centre was set up it has assisted in 47 maritime interdictions, which resulted in the seizure of over 52 tonnes of cocaine and over 47 tonnes of cannabis.

Question No. 66 answered with Question No. 44.

Asylum Support Services

Richard Boyd Barrett

Question:

67 Deputy Richard Boyd Barrett asked the Minister for Justice and Equality his plans to improve the living conditions of asylum seekers living in direct provision; and if he will make a statement on the matter. [31226/11]

In response to this question, I will firstly explain the direct provision system, how it came about, why it remains a necessary feature of the State's asylum and immigration system.

The accommodation of asylum seekers through the direct provision system is the responsibility of the Reception and Integration Agency (RIA) of my Department. Direct Provision means that the State, through RIA, assumes responsibility for providing for asylum seekers suitable accommodation and certain other services on a full board basis. All accommodation costs, together with the costs of meals, heat, light, laundry and maintenance are paid directly by the State. Asylum seekers in direct provision accommodation also receive a weekly cash allowance which takes account of board and lodgings and other ancillary benefits provided through the direct provision system. Asylum seekers can also apply to Community Welfare Officers (CWO) for assistance to meet a particular once-off need by way of an exceptional needs payment under the Supplementary Welfare Allowance scheme. Payments under this category cover once-off costs such as back-to-school clothing and footwear.

In addition to full board accommodation, RIA coordinates, through other Government bodies, a number of ancillary services to asylum seekers in direct provision accommodation. All asylum seekers are offered free medical screening on arrival in the State and are allowed access to health services on the same basis as for Irish citizens. Asylum seekers in direct provision accommodation will generally qualify for a medical card whereby they are eligible to receive a wide range of health services free-of-charge including GP services and prescribed medicines. Other HSE-provided supports include Public Health Nurse (PHN) service as well as a dedicated asylum seeker psychological service in Dublin.

Asylum seeker children are entitled to access free Primary and Post-Primary education on the same basis as an Irish citizen. In addition, English language supports are made available to adult asylum seekers; in some cases facilities are provided on-site in RIA accommodation centres for such classes. At a number of centres, RIA has provided facilities for on-site preschool services.

As of today, RIA has 39 asylum seeker accommodation centres throughout the country. The system is a constantly evolving one, taking account of the ebb and flow of residents and of the financial resources available to RIA. Overall demand for RIA services is declining. At the beginning of 2009, RIA was accommodating an overall number of 7,002 asylum seekers. Today, it is accommodating just over 5,500 persons, a reduction of over 21% during this period.

The direct provision system was a necessary response to the large numbers of asylum seekers who arrived into the State from the late 90's. Before 1999, these asylum seekers were treated as homeless under the structures then in place. These structures were entirely unsuited to the situation facing Ireland and the homeless service of the then Eastern Health Board could not cope and there was a serious prospect of widespread homelessness among asylum seekers.

In response to this serious and unprecedented challenge, the organisation which was subsequently named the Reception and Integration Agency (RIA) was established to coordinate the scheme of dispersal and direct provision for asylum seekers

The direct provision system is only one element of the State's response to its international obligations on the asylum issue. As well as educational, health and welfare costs there is the asylum determination system itself, as well as the downstream judicial and policing costs. In the period 2005 to 2009 inclusive, the total amount spent across the whole of Government on asylum seekers was €1,275.31 million of which €424.43 million was spent on the direct provision system. Quite clearly, meeting our international obligations in this respect consumes very considerable public monies. But Ireland is not unique in this respect. All countries which take their responsibilities in this area seriously are faced with similar calls on their financial resources. There are no cheaper alternatives to the direct provision system. This was a key finding in the recent Value for Money Report on the direct provision system which was published in 2010 and is on the RIA website —www.ria.gov.ie. In fact, if we were operating a system which facilitated asylum seekers in living independent lives in individual housing with social welfare support and payments, the cost to the Exchequer would be double what is currently paid under the direct provision system.

In relation to the standard of accommodation provided in direct provision, the deputy may wish to note that all accommodation providers are required under contract to ensure that accommodation centres comply and operate in accordance with all statutory requirements of local authorities and state agencies in relation to bedroom capacity, food, food-hygiene, water supply, fire safety and general safety.

In addition, all operators are required to offer menus which reflect the reasonable ethnic dietary customs of asylum seekers. There are 96 nationalities with hugely divergent food and ethnic needs accommodated by RIA at present and in all the large centres, 56-day menu cycles are in place. Other centres, depending on their size, operate 28-day and 14-day menu cycles. In addition, particular emphasis is placed on meeting, to the greatest extent possible, specific needs of asylum seekers. For example, special arrangements are made to cater for the needs of Muslims observing Ramadan.

RIA independent external assessors to conduct comprehensive inspections of all centres on at least an annual basis. These inspections are always unannounced and the inspectors look at all aspects of the accommodation centres in relation to the proprietors' obligations under the contract. These inspections cover such areas as reception, staff cover, menus, facilities being provided, maintenance of the property and fire and safety issues. In addition, RIA has an internal Inspections Unit which conducts inspections of each of the properties used to accommodate asylum seekers at least on a twice yearly basis. Further unannounced visits are made to accommodation centres throughout the State on a regular basis by senior management to ensure that standards are being maintained. Staff from the Agency hold information clinics on a regular basis in accommodation centres which afford asylum seekers an opportunity to comment on accommodation and operating standards and to discuss other general issues.

Any diminution in standards which comes to the attention of the RIA is immediately followed up and proprietors are instructed to make any changes and improvements deemed necessary. Follow-up inspections are also arranged as appropriate. In cases where standards stipulated in the contract have not been met and the proprietor has not made sufficient efforts to remedy the situation, the contract may be terminated.

A number of asylum seeker accommodation centres have received the Excellence Ireland Quality Association mark (or equivalent) and each year, a number of them qualify as finalists and also feature as winners in the overall National Q Mark Awards. In the most recent award ceremonies (held on 14/10/2011) two centres — Balseskin and Clonakilty — received overall national awards for excellence. RIA welcomes the recognition of standards shown by the EIQA award and the commitment shown by staff and management at the various centres towards achieving and retaining the relevant standards required. The Deputy should note that, notwithstanding the stringency of its own contractual requirements, RIA does not oblige operators to obtain Q Marks (or equivalent).

RIA staff liaise with providers of accommodation in other European countries and have visited centres elsewhere in the EU. While no two countries accommodate asylum seekers in exactly the same way, RIA strongly contends that the treatment of asylum seekers in this country is, at a minimum, on a par with the best on offer in this context anywhere in the EU. The direct provision system delivers a high standard of service, a consistent standard of service and value for money to the taxpayer through coordinated service delivery to asylum seekers.

I do not believe that any alternative model would deliver the same level and consistency of service to asylum seekers. While the operation of direct provision is being constantly monitored, and is kept under continuous review in my Department, I have no intention of seeking a change in direct provision policy at this time.

Deportation Orders

Richard Boyd Barrett

Question:

68 Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the role of a company (details supplied) in deportation flights from Ireland; the way this company is operating here; and if he will make a statement on the matter. [31225/11]

Frontex (European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union) is the European Union agency for external border security. It is responsible for coordinating the activities of the national border guards in ensuring the security of the EU's borders with non-member states. Frontex is headquartered in Warsaw, Poland.

Frontex was established by Council Regulation (EC) 2007/2004. The agency started to be operational on 3 October 2005 and was the first EU agency to be based in one of the new EU states.

Frontex's mission is to help EU Member States implement EU rules on external border controls and to coordinate operational cooperation between Member States in the field of external border management. While it remains the task of each member state to control its own borders, the Agency is vested with the function to ensure that they all do so with the same high standard of efficiency.

Frontex also assists EU Member States and Schengen-associated countries in the co-ordination of return flights. In the event that somebody is determined by a Member State government to be staying in that country illegally, they may be asked to leave. Most do so voluntarily, but those who do not may be returned to their country of origin by the Member State concerned. In these cases, it is Frontex's role to coordinate repatriation activities between those countries to ensure that humanitarian standards are met and to maximise efficiency and cost-effectiveness in joint return operations. Together with the experts from the Member States and refugee and asylum organisations, Frontex is also involved in identifying best practices in this area.

The Deputy will appreciate that in light of the above clarification, Frontex is not a company and its operations in Ireland are subject to Council Regulation (EC) 2007/2004.

Courts Service

Mary Lou McDonald

Question:

69 Deputy Mary Lou McDonald asked the Minister for Justice and Equality the position regarding an admission by the Courts Service that an error was made by backdating a High Court order in the case of a person (details supplied); the modalities to correct such an acknowledged error and to ensure that the person’s rights, which could have been negatively impacted by such a mistake, were restored; how he will facilitate same; and if he will make a statement on the matter. [31228/11]

I understand that the individual concerned has commenced proceedings in the High Court in relation to this matter and in the circumstances it would be inappropriate for me as Minister for Justice and Equality to comment on a matter before the Courts. Furthermore, the Courts are, subject to the Constitution and the law, independent in the exercise of their judicial functions. Accordingly, I cannot intervene in any way in relation to a particular case.

Prison Accommodation

Clare Daly

Question:

70 Deputy Clare Daly asked the Minister for Justice and Equality his views on whether, when prisoners have flushable toilets in their cells, having to perform toilet functions in front of others amounts to inhuman and degrading treatment. [30802/11]

I can advise the Deputy that all cells with flushable toilets have a modesty screen. A programme to fit improved modesty screens in these cells to provide further privacy from other occupants is currently under way. Such screens have been fitted in Castlerea Prison, Cloverhill Prison and all doubled-up cells in Wheatfield. This programme will continue to be rolled out where necessary and will be completed in 2012.

David Stanton

Question:

71 Deputy David Stanton asked the Minister for Justice and Equality the actions he is taking to address overcrowding in prisons; and if he will make a statement on the matter. [31264/11]

There has been a consistent increase in the total prisoner population in Ireland over recent years, with dramatic increases in the number of sentenced prisoners, those being committed on remand and a trend towards longer sentences. As of 20 October, 2011, there were 4,275 prisoners in custody and 755 on temporary release. The number on temporary release equates to 15% of the total prisoner population.

While measures are being taken to upgrade prison facilities and increase the range of non-custodial options available to the courts, the problem of prison overcrowding remains a challenging issue which unfortunately cannot be resolved overnight.

I share the view of the Thornton Hall Review Group that decisive action is required on a number of fronts in order to address the problem of overcrowding and poor physical conditions particularly in Mountjoy and Cork Prisons. As the Deputy will know, the Government has decided in principle to proceed with the construction of new prison facilities at Thornton Hall and also at Kilworth, County Cork, albeit on a much smaller scale and design to that previously envisaged. The timeframe for this project is currently being discussed in the context of the Government's discussions on capital spending priorities for 2012.

The State has also been engaged in an ongoing capital programme with almost 600 additional prisoner spaces constructed and brought into use since January 2008. There are a number of ongoing projects, most notably the construction of a new accommodation block at the Midlands prison. This will provide a potential 300 spaces, a new kitchen and work training/education block, and an extension to the visits/reception areas. It is planned to have the new block fully commissioned by mid 2012. An administrative building on the Dóchas site has also just been converted into a new accommodation block which will provide 70 spaces. These will become operational next month.

I am also pursuing alternatives to custody and progress is being made. The recently enacted Criminal Justice (Community Service) (Amendment) Act 2011 requires the sentencing judge to consider the imposition of community service where a custodial sentence of 12 months or less is being considered. My officials are also working on the roll-out of a pilot community service scheme under which offenders who pose no threat to the community are offered earned earlier release in return for community service. In addition, I intend to give new guidelines to the Parole Board for the application of a similar scheme to long-term prisoners. It may take time but I expect to make further announcements about the implementation of these reforms later in the year.

The Fines Act 2010 introduced measures to prevent the automatic imprisonment of fine defaulters. I intend to bring forward new legislative proposals to introduce a system of “attachment orders” allowing a small amount of money to be taken from wages or social welfare facilitating the payment of the debt or fine over time. The concept of restorative justice also has a place in the range of non-custodial options which are available for use by the courts. The Deputy can be assured that my focus is to encourage the use of such options to the greatest extent possible.

Question No. 72 answered with Question No. 44.

International Time Zones

Noel Harrington

Question:

73 Deputy Noel Harrington asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 10 and 16 of 23 June 2011, if he will report any developments or discussions that have occurred since with either his British or European counterparts; if so, and arising from same if he will seek submissions from the public and organisations and State departments on the implications, benefits or disadvantages to Ireland if such a change was made of changing our time zone to European Time; and if he will make a statement on the matter. [31261/11]

I wish to refer the Deputy to my reply to Question Nos. 10 and 16 of 23 June, 2011 below.

The position remains unchanged.

10. To ask the Minister for Justice and Equality if he had any discussions with either his British counterpart or his European colleagues regarding the possibility of changing our time zone to European Time; his views on the benefits or disadvantages to Ireland if such a change was made; and if he will make a statement on the matter.—Noel Harrington.

16. To ask the Minister for Justice and Equality his plans to conduct a cross Departmental analysis of the potential costs and benefits of advancing time by one hour all year round for Ireland; if his attention has been drawn to the passage of a Bill in the House of Commons undertaking a similar study; and if he will make a statement on the matter. — Noel Harrington For ORAL answer on Thursday, 23rd June, 2011.

I can inform the Deputy that I am aware of the Bill to which he refers. The Daylight Saving Bill 2010/11 passed its second reading in the House of Commons on 3 December, 2010. I understand that, if it became law, this Private Members' Bill would require the British Government to conduct a cross-departmental analysis of the potential costs and benefits of the advancing time by one hour for all, or part of, the year. I further understand that such analysis would include a breakdown, so far as possible, of the costs and benefits for England, Wales, Scotland and Northern Ireland. In light of this, I would expect that each of the devolved administrations in Wales, Scotland and Northern Ireland would ensure that their views and concerns would be fully reflected in any analysis that might be conducted.

Were this cost benefit analysis to be conducted, the Bill requires that an independent Commission would be established to assess it. If that Commission were to conclude that the advancing of time by one hour for all, or part of, the year would be beneficial to England, Wales, Scotland and Northern Ireland then an Order bringing the Commission's recommendations into effect for a three-year trial period would need to be made. Given that European Union Directive 2000/84/EC results in all EU member states starting and ending summer time simultaneously in order that time differences between member states remain constant throughout the year, this would impose a limitation on the discretion available in this area.

At present Ireland and the United Kingdom operate in the same time zone. Each year summer time begins at 1:00 a.m. Greenwich Mean Time (GMT) on the last Sunday in March when clocks are put forward one hour and ends at 1:00 a.m. GMT on the last Sunday in October when clocks are put back one hour. During summer time our clocks are set at GMT plus one hour and at GMT during winter time. Were clocks to be put forward for an hour for all of the year, clocks would be set at GMT plus two hours during summer time and at GMT plus one hour during winter time. To illustrate this point I wish to inform the Deputy that today in Belfast sunrise was at 4:48 a.m. and sunset will be at 10:04 p.m. If clocks were put forward by one hour sunrise in Belfast would have been at 5:48 a.m. and sunset would be at 11:04 p.m. Six months from now, if clocks were put forward by one hour, sunrise would be at 9:45 a.m. and sunset at 5 p.m. instead of 8:45 a.m. and 4 p.m.

I can also inform the Deputy that in advance of the second reading of the Bill Mr. Edward Davey, Parliamentary Under-Secretary at the Department for Business, Innovation and Skills sought a meeting with our Ambassador in London to discuss issues concerning daylight hours. The meeting took place in November 2010.

I can further inform the Deputy that in February 2011 officials from my Department and our London Embassy met with the Bill's Sponsor, Rebecca Harris, M.P. in order to find out more about the background to her Bill as well as registering our interest in its passage and the potential implications for this country. While there has been contact with the British no discussions have been held with our European colleagues in relation to this matter as the matter is not at a sufficiently advanced stage.

I have no plans at this time to change the present time zone arrangements or to conduct a cross-departmental cost benefit analysis of advancing time by one hour all year round for Ireland. However, officials of my Department and the Department of Foreign Affairs are keeping a close watch on the issue and should the position I have outlined change I will review the situation.

Joint Policing Committees

Dessie Ellis

Question:

74 Deputy Dessie Ellis asked the Minister for Justice and Equality if he will provide an update on the review of joint policing committees; when this will be finalised and any findings thus far; and if he will make a statement on the matter. [31230/11]

The functions and powers of Joint Policing Committees (JPCs) are set out in the Garda Síochána Act 2005, which provides for a Committee in each local authority area. The Act provides that JPCs operate under guidelines issued by the Minister for Justice and Equality after consultation with the Minister for the Environment, Community and Local Government. The current guidelines were issued in September, 2008.

The Programme for Government makes a commitment to build on existing community policing partnerships and forums to enhance trust between local communities and their Gardaí. I am aware that some JPCs are working better than others, depending on the local authority. As I have already informed the House, I intend shortly to communicate with local authorities to get an overview of how the JPCs are operating and the extent to which their activities are constructive and beneficial to the community and the Gardaí. My Department, the Department of the Environment, Community and Local Government and An Garda Síochána have commenced work on reviewing the operation of the Committees. My intention is that a document will be prepared, on the basis of which consultations will take place with the local authorities on how the operation of the Committees might be improved, with a view to updating the guidelines. I envisage that this process will be substantially complete in the early part of next year.

In addition, my Department has been engaged in a major consultative exercise leading to the production of a White Paper on crime. One of the issues addressed in this exercise has been the role of the JPCs. The White Paper will set out a policy framework for future strategies to combat and prevent crime. The intention is that this process will lead ultimately to a national anti-crime strategy, in which the JPCs will have a role to play.

Sexual Offences

Denis Naughten

Question:

75 Deputy Denis Naughten asked the Minister for Justice and Equality if he is satisfied with the level of compliance by persons who are subject to the requirements of Part 2 of the Sex Offenders Act 2001; the number of notifications received from other jurisdictions or from Interpol regarding the travel of convicted sex offenders to Ireland between 2009 and 2011; and if he will make a statement on the matter. [30799/11]

The Sex Offenders Act 2001 contains a comprehensive series of provisions aimed at protecting children and other persons. Part 2 of the Act makes persons convicted of a range of sexual offences subject to notification requirements. The provisions of the Act also extend to any offenders convicted abroad of the same range of sexual offences who enter the State. I am informed by the Garda authorities that as of 19 October, 2011 there were 1,175 persons subject to the requirements of Part 2 of the Act.

All offenders subject to the notification requirements are monitored by the Sex Offender Management and Intelligence Unit (SOMIU) at the Garda National Bureau of Criminal Investigation. The Unit is supported by Garda Inspectors nominated in each Garda Division throughout the State. I am informed that the nominated Inspector in each Division has access to all necessary resources within his/her Division to assist him/her in carrying out his/her duties. Where An Garda Síochána becomes aware that an offender subject to the notification requirements has breached those requirements, appropriate action is taken. I am confident that the appropriate level of monitoring is carried out by An Garda Síochána and all breaches of the requirements which come to notice are pursued.

An Garda Síochána receive on a regular basis notifications regarding convicted sex offenders who travel to this country. When SOMIU receives such a notification, it is recorded on the Garda PULSE system and the relevant nominated Divisional Inspector is notified immediately. I am informed that the information requested regarding the number of such notifications received is not readily available and would require a disproportionate amount of time and resources to collate.

My Department is conducting a wide ranging examination of the law on sexual offences, including an evaluation of the Sex Offenders Act 2001. The review is close to completion, and I expect to bring legislative proposals to Government in the coming months.

Garda Stations

Alan Farrell

Question:

76 Deputy Alan Farrell asked the Minister for Justice and Equality the funding available to keep Garda stations open; the number of stations in the greater Dublin area; the opening and closing hours of same and the staffing levels available in same; and if he will make a statement on the matter. [31099/11]

The Budget of An Garda Síochána is under constant review and Garda Management closely monitors the allocation of resources, including transfers and retirements, in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level, to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public. Senior Garda Management is satisfied that a full and comprehensive policing service continues to be delivered and that current structures in place meet the requirement to deliver an effective and efficient policing service to the community.

I am informed by the Garda authorities that the personnel strength of the Dublin Metropolitan Region, as of 30 September, the latest date for which figures are readily available, was as set out in the table attached.

All Garda Stations in the DMR are open on a 24 hour basis with the exception of 5 Stations, the opening hours of those Garda stations are as in the following table:

Division

Strength

DMR South Central

Donnybrook

130

Irishtown

50

Kevin Street

153

Kilmainham

75

Harcourt Terrace

80

Pearse Street

256

DMR Southern

Crumlin

105

Sundrive

72

Rathmines

64

Terenure

102

Rathfarnham

73

Tallaght

198

DMR Northern

Balbriggan

71

Garristown

3

Lusk

7

Rush

4

Skerries

10

Ballymun

117

Dublin Airport

26

Santry

82

Whitehall

47

Coolock

119

Malahide

36

Swords

81

Clontarf

78

Howth

40

Raheny

68

DMR West

Blanchardstown

195

Cabra

68

Finglas

122

Ballyfermot

97

Clondalkin

98

Rathcoole

27

Lucan

78

Ronanstown

98

DMR North Central

Bridewell

170

Fitzgibbon Street

114

Mountjoy

100

Immigration D/Docks

8

Store Street

278

DMR Eastern

Blackrock

94

Dundrum

74

Stepaside

30

Cabinteely

38

Dalkey

31

Dun Laoghaire

105

Kill-O-Grange

29

Shankill

60

Station

Mon-Fri

Sat

Sun

Skerries

10.00 — 18.00

10.00 — 18.00

11.00 — 14.00

Lusk

10.00 — 14.00

10.00 — 14.00

10.00 — 14.00

Rush

10.00 — 14.00

10.00 — 14.00

12.00 — 14.00

Garristown

10.00 — 14.00

10.00 — 14.00

12.00 — 14.00

Rathcoole

10.00 — 13.00 & 14.00 — 17.00

10.00 — 13.00 &14.00 — 17.00

10.00 — 13.00 &14.00 — 17.00

Fuel Smuggling

Derek Keating

Question:

77 Deputy Derek Keating asked the Minister for Justice and Equality the steps being taken by the Garda to deal with the problem of illegal diesel being sold to reputable outlets; and if he will make a statement on the matter. [30795/11]

The collection of Mineral Oil Tax and tackling the illicit trade in fuel products are primarily matters for the Revenue Commissioners.

I am informed by the Revenue Commissioners that they are very aware of the threat to the Exchequer posed by the laundering of markers from mineral oil and the onward sale and supply of the laundered product as auto diesel.

In response, the Revenue Commissioners employ a broad range of compliance and enforcement strategies to detect and counteract illegal practices involving mineral oils.

I am further advised that these strategies continue to be successful in tackling this form of criminal activity with the ongoing detection of oil laundering plants, the seizure of laundered oil and the detection of retailers found dealing in laundered oil, as well as the detection of haulage companies who are using it in their vehicles.

The Revenue Commissioners are also aware of the existence of a number of unlicensed or suspect retail outlets offering low price diesel. In this regard, Revenue has embarked on a vigorous campaign targeting specific locations nationwide. This action has resulted in a number of these outlets closing down. Evidence regarding the sale of illegal diesel through reputable outlets has not yet been established.

The Revenue Commissioners are fully supported in this area of work by An Garda Síochána. Searches are regularly undertaken by members of An Garda Síochána, at the behest of the Customs authorities as part of intelligence-led operations led by Customs, which have resulted in a number of significant seizures of diesel and the closure of diesel-laundering plants, particularly in Border counties.

As an example of this co-operation, a recent multi-agency operation involving An Garda Síochána and the Revenue Commissioners resulted in the seizure of approximately 110,000 litres of diesel, the search and closure of a sophisticated diesel laundering plant, the arrest of four persons, and the search and closure of five filling stations at locations in Dublin and the Midlands.

Furthermore, a Cross Border Task Force, comprising representatives from the Police Service of Northern Ireland, HM Revenue Customs, the UK Serious Organised Crime Agency, An Garda Síochána and the Criminal Assets Bureau and the Revenue Commissioners (Customs Service) has been established.

Arising from the work of this Task Force, a number of groups involved in the laundering and distribution of illegal fuels, operating in both jurisdictions, have been identified and are now being specifically targeted for investigation by all law enforcement agencies concerned.

I can assure the Deputy that our law enforcement agencies continue to tackle, within their respective remits, the problem of illegal diesel .

Question No. 78 answered with Question No. 44.

Garda Strength

Seán Crowe

Question:

79 Deputy Seán Crowe asked the Minister for Justice and Equality if he will provide an update on the proposed civilianisation policy being discussed between himself and the Garda Commissioner and any necessary discussions between him and the Minister for Public Expenditure and Reform in this regard; the likely outcomes and the timeline for implementation; and if he will make a statement on the matter. [31235/11]

There are currently over 2,000 full-time-equivalent civilian support staff in the Garda Síochána.

These staff provide vital support services in a wide range of areas, such as human resources, training and development, IT and telecommunications, finance and procurement, internal audit, research and analysis, accommodation and fleet management, scene-of-crime support and medical services. In doing so, they release highly trained Gardaí from administrative tasks to operational policing.

While the current number of civilian support staff is an increase on previous years the level of civilian support staff in the Garda Síochána is still significantly lower than in many comparable police forces. This is reflected in the 2009 Garda Inspectorate report on Resource Allocation, which called for the numbers of Gardaí available for operational duty to be maximised through a structured programme of civilianisation.

However, in seeking to increase the number of civilian support staff, we must face the reality of the need to reduce overall numbers in the public service. The answer may lie in the more effective use of resources across the public service, including in particular more flexibility in redeployment of staff to priority areas. Indeed, the Garda reform agenda under the Croke Park Agreement contains a specific commitment, agreed by Garda management and the Garda Associations, to augment civilian support staff in the Force through appropriate redeployment of staff from elsewhere in the public service.

Crime Levels

Bernard J. Durkan

Question:

80 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which all levels of crime have been committed by persons while on bail in each of the past ten years to date; the way these figures compare with those in other jurisdictions; the number of cases in respect of which serious crime is involved; the nature of these cases; the number of crimes documented as being carried out by those in respect of whom warrants have been issued for previous crimes; if he intends to introduce the necessary legislation to ensure that persons remanded on bail are not in the position to commit further crimes, intimidate witnesses or interact with colleagues in the criminal world; and if he will make a statement on the matter. [31224/11]

Bernard J. Durkan

Question:

441 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the action taken or likely to be taken to prevent recidivism with particular reference to prevention while on bail; and if he will make a statement on the matter. [31570/11]

I propose to take Questions Nos. 80 and 441 together.

Following the submission in 2004 of a report and recommendations by an expert group on crime statistics, it was decided that the compilation and publication of crime statistics should be taken over by the Central Statistics Office, as the national statistical agency, from An Garda Síochána. The Garda Síochána Act 2005 consequently makes provision for this and the CSO has established a dedicated unit for this purpose. Following the setting up of the necessary technical systems and auditing of the data from which the statistics are compiled, the CSO is now compiling, publishing and responding to queries regarding recorded crime statistics.

I have requested the CSO to provide detailed statistics directly to the Deputy.

The criminal law takes a serious view of offences committed by persons on bail. Section 11 of the Criminal Justice Act 1984 provides that any sentence of imprisonment passed on a person for an offence committed while on bail must be consecutive on any sentence passed on him or her for a previous offence, or on the sentence last due to expire, if more than one is being served. It also provides that the fact that an offence was committed while on bail must be treated as an aggravating factor at sentencing and that the court shall impose a sentence that is greater than that which would have been imposed otherwise, unless there are exceptional circumstances.

The Bail Act 1997, which gave effect to the terms of the Sixteenth Amendment of the Constitution, provides for the refusal of bail to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person. In addition, section 6 of that Act, as amended by section 9 of the Criminal Justice Act 2007, provides that every bail recognisance is subject to the condition that the accused person shall not commit an offence while on bail.

I am conscious of public concern about the extent to which offences continue to be committed by persons on bail. I share that concern. I believe that bail law must be continually reviewed to ensure that all possible avenues are taken to protect the public against the commission of crime, particularly serious crime, by persons on bail. In doing this, we have to take account of the restrictions which exist in the provisions of our Constitution and the European Convention on Human Rights on the extent to which the right to bail can be limited.

My Department has been engaged in work to consolidate and update bail law with a view to presenting a clear, accessible and modern statement of the law. In the context of that modernisation of the law, I will be seeking to restructure the law so that it has a focus on the protection of the individual and of the public. My intention is that the new proposals will provide better guidance to the courts on how such protection might be provided. I am also taking the opportunity to introduce some general improvements to bail law to improve the overall working of the bail system.

I will bring proposals to Government on the matter shortly.

Departmental Agencies

Mary Lou McDonald

Question:

81 Deputy Mary Lou McDonald asked the Taoiseach if he will provide the following information regarding the agencies operating under his aegis (details supplied) namely, the total number of whole-time equivalent staff, the total number of board members, the chairperson and board members respective remuneration packages, the total annual wage bill and the total amount of central funding provided to the agency inclusive of wage bill. [30918/11]

The details sought by the Deputy in respect of the two bodies she mentions are as follows.

The Chief State Solicitor's Office has a whole-time staff equivalent of 230. The Office is part of the civil service and like other Departments and Offices is managed by a Management Advisory Committee, headed by the Chief State Solicitor.

The Office is entirely funded by the Exchequer and has its own Vote (Vote 13). The net total voted allocation for 2011 is €34.188m, of which €14.995m is allocated to payroll.

The Law Reform Commission has a whole-time staff equivalent of 23.

The Commission does not have board members or a Chairperson, but rather a President and four Commissioners. The position of President is currently vacant. The remuneration of the President of the Commission would depend on the circumstances. Appointees to the office of President of the Commission to date have been holders of judicial office. If a serving judge were President they would not receive any remuneration over and above their judge's salary. A retired judge may receive an amount not exceeding the difference between their pension and the salary they would receive as a serving judge.

The remuneration of the Commissioners is as follows:

One full-time Commissioner: annual salary €184,187.

Two part-time Commissioners: annual salary €23,750 each.

One part-time Commissioner not in receipt of any salary (serving judge).

The Commission is entirely funded by the Exchequer. The total allocation to the Commission in 2011 is €2.301m, of which €1.153m is allocated to payroll.

Mary Lou McDonald

Question:

82 Deputy Mary Lou McDonald asked the Taoiseach if he will provide a list of all non-commercial State agencies under the aegis of his Department. [30790/11]

Mary Lou McDonald

Question:

84 Deputy Mary Lou McDonald asked the Taoiseach if all non-commercial State agency employees under his Department’s aegis are paid directly from the Exchequer. [30895/11]

I propose to take Questions Nos. 82 and 84 together.

The National Economic and Social Development Office NESDO is the only agency under the aegis of my Department. NESDO's staff are paid from my Department's vote.

Éamon Ó Cuív

Question:

83 Deputy Éamon Ó Cuív asked the Taoiseach the number of State agencies, independent statutory bodies, State boards or other quangos established by his Department since February 2011; the number which have been abolished; and if he will make a statement on the matter. [30805/11]

No State agencies, independent statutory bodies, State boards, or other quangos were established or abolished by my Department since February 2011.

Question No. 84 answered with Question No. 82.

Mary Lou McDonald

Question:

85 Deputy Mary Lou McDonald asked the Taoiseach if he will provide the following information regarding the agencies operating under his aegis (details supplied) namely, the total number of whole-time equivalent staff, the total number of board members, the chairperson and board members respective remuneration packages, the total annual wage bill and the total amount of central funding provided to the agency inclusive of wage bill. [30919/11]

The National Economic and Social Development Office (NESDO), which includes the National Economic and Social Council (NESC), comes under the aegis of my Department. The total number of whole time equivalent staff is 19.2.

There are currently 33 members on the NESC Council, which is chaired by the Secretary General of my Department. No remuneration is paid to persons in relation to their membership of the Council.

The grant-in-aid for NESDO for this year, which is paid out of my Department's Vote, is €2.325m, of which €1.8m has been allocated for salaries.

The Central Statistics Office (CSO) is an Independent Office and is not under the aegis of my Department. Similarly, the National Statistics Board (NSB) which is established under the Statistics Act 1993 is not a board under the aegis of my Department. However to be helpful to the Deputy I am providing the information requested in relation to both the CSO and the NSB.

Central Statistics Office

The Central Statistics Office allocation in 2011 is €80.067m, compared with spending of €50.762m in 2010. The increase this year relates to the Census of Population. The total number of whole time equivalent staff serving in the CSO at 30 September 2011 was 828. The peak number of staff was in April, during collection of the census, when more than 5,000 field staff were employed. The total annual wages and salaries bill for the CSO amounted to €35.866m in 2010. The corresponding allocation for 2011 is €38.997m for office-based staff and €22.246m for staff engaged in the collection of statistics.

National Statistics Board

Under the Statistics Act 1993, the National Statistics Board comprises a Chairperson and seven Board members.

One position on the board is unfilled at present. The Chairperson receives an annual stipend of €8,978 and four of the seven Board members are paid an annual stipend of €5,985. The other members are serving Civil Servants and receive no additional remuneration for serving on the Board. The costs of the Board are met from the CSO Vote.

Departmental Expenditure

Anne Ferris

Question:

86 Deputy Anne Ferris asked the Taoiseach if he will provide details for the years 2006 to 2011, inclusive, of the arrangements entered into by him, by any body under his aegis or State agency for which he has responsibility for the obtaining of advice from a senior or junior counsel and-or a firm of solicitors; the subject matter for which advice was sought; the names of the barristers and solicitors firms concerned and the fees paid; the nature of the work concerned; if in each case the matter was advertised for competitive tender and if not, the reason; and if he will make a statement on the matter. [30975/11]

My Department did not obtain legal advice from a firm of solicitors or from Senior or Junior Counsel, other than through the Office of the Attorney General, during the period in question.

In 2006, the National Economic and Social Development Office (NESDO), following a competitive tendering process for the provision of legal advice services, awarded the contract to Mason, Hayes and Curran. Details of the legal advice sought under this contract is contained in the following table.

Date

Subject Matter

Fees Paid

2006

Nil

January 2007

Presentation to NESDO staff on the National Economic and Social Development Office Act 2006

€8,288

February 2007

Legal advice on employment law

€7,773

March 2007

Legal advice on public procurement

€3,574

May 2007

Legal advice relating to mental health employment law for the National Economic and Social Forum Report Mental Health and Social Inclusion

€4,447

November 2007

Legal advice on procurement in relation to the FuturesIreland project

€2,627

February 2008

Legal advice in relation to NESDO IT contract

€336

August 2008

Legal advice on a recruitment issue

€7,196

September 2008

Further legal advice on a recruitment issue

€1,885

March 2008

Legal advice on a Memorandum of Understanding with the Korean Economic and Social Development Commission

€841

August 2008

Legal advice on National Workplace Survey contracts

€2,221

September 2008

Legal advice on National Workplace Survey contracts

€3,398

September 2008

Legal advice on National Workplace Survey contracts

€1,888

November 2008

Legal advice on National Workplace Survey contracts

€236

2009

Nil

2010

Nil

2011

Nil

Mary Lou McDonald

Question:

87 Deputy Mary Lou McDonald asked the Taoiseach the annual cost of the licensed payroll system, Corepay, to his Department. [31064/11]

My Department's payroll is administered by the Department of Justice and Equality's Financial Shared Services Centre.

I understand that the Minister for Justice and Equality's reply to an identical question asked by the Deputy will include the information requested in relation to my Department.

Departmental Agencies

Mary Lou McDonald

Question:

88 Deputy Mary Lou McDonald asked the Taoiseach if he will provide a list of all commercial semi-State companies under his aegis. [31400/11]

There are no commercial semi-State agencies under the aegis of my Department.

Departmental Expenditure

Billy Kelleher

Question:

89 Deputy Billy Kelleher asked the Taoiseach the total expenditure in 2010 on ICT, including staff costs, support and maintenance services, hardware, software, and external resources, including consultancies, contractors and service providers, and all agencies under the aegis of his Department. [31525/11]

Total expenditure by my Department in 2010 on ICT including staff costs, support and maintenance services, hardware, software, and external resources including consultancies, contractors and external service-providers was €1,329,279.

The corresponding figure for the National Economic and Social Development Office (NESDO), the only agency under the aegis of my Department was €178,811.

Departmental Funding

Joanna Tuffy

Question:

90 Deputy Joanna Tuffy asked the Tánaiste and Minister for Foreign Affairs and Trade the position regarding the United Nations Relief and Works Agency funding shortfall; its effects on the agency’s works in Gaza and the urgent need for sufficient funding to be made available to the agency next year; and if he will make a statement on the matter. [30734/11]

The United Nations Relief and Works Agency (UNRWA) is the UN agency which has responsibility for the provision of assistance and services to five million Palestinian refugees in five areas of operation, the West Bank, Gaza Strip, Jordan, Lebanon, and Syria. The agency manages a budget of €450 million annually to deliver the range of assistance and services to its target population. These include basic education, health services, community employment schemes and food aid for vulnerable families.

Ireland has been, and continues to be, a strong supporter of UNRWA and its vital work. In the past five years, funding of €21.2 million has been provided by Ireland to assist UNRWA in helping vulnerable Palestinians. In 2011 alone, funding of €4 million in core programme support has been provided by Ireland to UNRWA.

It has come to my attention in recent weeks that UNRWA's funding situation in Gaza at this point in 2011 is in serious crisis. A number of activities including job creation, agriculture and fisheries programmes have already been cut back significantly and, in some cases, ceased in June. Of particular concern to me is a funding gap of more than €12 million in the food aid programme which, if not met by donors in the coming weeks, will see the food aid supply to vulnerable refugees in Gaza, including children, breaking down. If this happens, 600,000 refugees will no longer receive vital food rations and 200,000 schoolchildren will no longer receive school feeding supplements. In response to UNRWA's urgent request for further assistance, I have now approved further emergency funding of €500,000 to be delivered to the agency at the earliest opportunity.

It is my earnest hope that other governments will respond with similar speed and flexibility in response to this urgent situation. It is vital that the supply of essential humanitarian assistance to the Palestinian refugee population in Gaza is not interrupted over the coming period.

Departmental Agencies

Mary Lou McDonald

Question:

91 Deputy Mary Lou McDonald asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide the following information regarding the agencies operating under the aegis of his Department (details supplied); the number of whole-time equipment staff; the number of board members, the chairperson and board members respective remuneration packages; the annual wage bill; and the amount of central funding provided to the agency inclusive of wage bill. [30764/11]

There are no agencies operating under the aegis of my Department. Below are the details requested for the two bodies that operate under the auspices of my Department: the Development Education Advisory Committee (DEAC) and Emigrant Services Advisory Committee (ESAC). The membership of the Committee was renewed for a further two-year term in April 2010. Members serve in a voluntary capacity and are not remunerated. Travel expenses relating to the work of the Committee are reimbursed on a vouched basis.

The administration of the DEAC is serviced by the Department of Foreign Affairs and Trade from the Department's overall budget.

The current membership of the Committee is as follows:

Ms Moira Leydon, Assistant General Secretary, Association of Secondary Teachers Ireland (Chairperson).

Mr. Kevin J. McCarthy, Department of Education and Skills Inspectorate.

Ms Annette Honan, National Council for Curriculum and Assessment (NCCA).

Dr. Claire Lyons, Mary I College, Limerick.

Ms Maria Barry, Trócaire.

Mr. Patsy Toland, Self Help Africa.

Dr. Paul Conway, University College Cork.

The primary role of the Emigrant Services Advisory Committee (ESAC) is to advise me on the welfare of and the allocation of grants to Irish community organisations in Britain under the Emigrant Support Programme.

The Committee consists of thirteen members, including two officers from our Embassy in London who act as Chair and Secretary to the Committee. The other eleven members of the Committee serve in a voluntary capacity.

In April of this year, after consultation with our Embassy in London and the Irish Abroad Unit in the Department, I made the following appointments to the Committee:

Mr. Michael Forde — Chairman of the Irish Diaspora Foundation.

Mr. Séamus McGarry — Member of the Ireland Fund of Great Britain; Board of Irish Cultural Centre, Hammersmith.

Mr. Jim O'Hara — Vice Chair, Irish Youth Foundation UK, Chair of Irish Cultural Centre, Hammersmith.

Cllr. Sally Mulready — Councillor in the London Borough of Hackney; Irish Elderly Advice Network.

Mr. Tony Cusack — Manager of Irish Centre in Leicester.

Ms Breege McDaid — Chief Executive, Irish Community Care Merseyside.

Mr. Tony Corcoran — Tyneside Irish Festival and Secretary of the Tyneside Irish Centre.

Mr. Des Hurley — Chief Executive, Irish Arts Foundation.

Ms Bridie Nugent — Board Member of the Irish Welfare and Information Centre in Birmingham.

Mr. John Gormley Former President of the GAA in Britain.

Mr. Joe Brown Chair of the Irish Travellers Movement.

The Chairperson is Ms Jane Connolly and the Secretary is Michael Keavaney. The Ireland-United States Commission for Educational Exchange (The Fulbright Commission) and the North/South Ministerial Council (NSMC) do not operate under my direct authority. The Ireland-United States Commission for Educational Exchange enjoys autonomy of management and administration in accordance with section 2(5) of the Educational Exchange (Ireland and the United States of America) Act, 1991. Under section 3(1) of the 1991 Act, the Minister for Foreign Affairs and Trade is responsible for the appointment of four members of the eight - member Commission.

The Commission's accounts are available in the Oireachtas library. The Good Friday Agreement provides for the establishment of the North/South Ministerial Council and the NSMC Joint Secretariat, which was established in Armagh to support and facilitate the North/South Ministerial Council. It is jointly-staffed by personnel from the Irish and Northern Irish civil services. The NSMC, and each of the North/South Bodies which operate on an all-island basis under the auspices of the NSMC, are accountable to the Oireachtas and the Northern Ireland Assembly.

Mary Lou McDonald

Question:

92 Deputy Mary Lou McDonald asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide a list of all non-commercial State agencies under the aegis of his Department. [30784/11]

There are no State agencies under the aegis of the Department of Foreign Affairs and Trade.

Ministerial Responsibilities

Eoghan Murphy

Question:

93 Deputy Eoghan Murphy asked the Tánaiste and Minister for Foreign Affairs and Trade if the trade function has moved under his remit, if not when will this occur, if it has happened, to what extent; and if he will make a statement on the matter. [30847/11]

Following a Government decision on 24 May last, the transfer of trade promotion functions from the Department of Jobs, Enterprise and Innovation to the Department of Foreign Affairs and Trade took place on 1 June. The transfer gives my Department an enhanced role in trade promotion.

On a practical level, my Department now has responsibility for the management of the Export Trade Council and of our Joint Economic Commissions which Ireland maintains with a number of countries. I chaired the first meeting of the Export Trade Council, on Thursday 29 September 2011. In line with the commitment in the Programme for Government the new Council will strengthen cooperation and coordination across all Government Departments and State Agencies involved in the promotion and development of trade and exports and will oversee the progressive implementation of the recommendations set out in Trading and Investing in a Smart Economy published last autumn.

I will lead the Irish delegation at the forthcoming meeting of our Joint Economic Commission with the Russian Federation scheduled to take place on 7 November next in Moscow.

The transfer of trade functions has resulted in a closer working relationship with Enterprise Ireland, particularly in relation overseas trade missions which they organise and which are led by myself or my colleague the Minister for State for Trade and Development. Minister O'Sullivan has recently led trade missions to London, Saudi Arabia and Qatar, and will shortly lead one to South Africa. I attended the annual meeting of Asia Pacific Ireland Business Forum (APIBF) in Seoul, on 14 October 2011 and while in the region, took the opportunity to travel to Tokyo to have a number of meetings there focussed on trade and economic issues.

The Department of Jobs, Enterprise and Innovation retains lead responsibility for trade policy, which includes representing Ireland's trade interests in the context of the EU Common Commercial Policy and at the World Trade Organisation.

Passport Applications

Micheál Martin

Question:

94 Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if passports or travel documents will issue to a person (details supplied) who was born outside Ireland but whose parentage is proved to be Irish; and if not his plans to bring forward urgent legislation to allow them to do so. [30853/11]

Before issuing a passport to a minor the Passports Act 2008 requires that the Minister must be satisfied, amongst other matters, that the child is an Irish citizen, and that the passport application has been submitted by either a parent or guardian of the child. On 8 June the family sought and were refused a declaration of parentage from the Circuit Court. I can confirm that the Attorney General was on notice of the case and did not offer any objection to the order being made. The consequences of this order are that the Irish citizen male has been found not to be the father of the child and accordingly the child is not entitled to Irish citizenship. In light of this ruling, which is binding on the State, the Department is not able to issue a passport or other travel document under the Act. I along with my officials fully understand and appreciate the depth of frustration and disappointment experienced by the parents as a result of the difficult and complex situation which they are now in. Nevertheless, it is important to re-state the legal position in regard to that court decision which I have put on record in the House in our debate on 18 October last, that, there is no administrative procedure available to the State to overrule or ignore the determination made by Circuit Court in this case that would allow for the issue of a passport to this person at this stage. That ruling can only be reversed on appeal by the High Court.

The couple's solicitor has lodged an appeal with the High Court and has been informed that the Attorney General will not oppose the appeal nor seek any costs in this matter. I have informed the couple of this. There is no legislation specifically dealing with surrogacy in Ireland, but existing laws with regard to issues such as citizenship, parentage, guardianship and passports apply. It is clear that legislation is needed to deal specifically with this important and sensitive issue. As provided for in the Programme for Government, it is the Government's intention to bring forward such legislation. This matter is being dealt with by the Minister for Justice and Equality. However, given the complexity of the issue and the policy involvement of various other Government Departments, including Health, Children, Social Protection and my own, this will take time. In the short term, officials in my Department in conjunction with officials from the Attorney General's Office, the Department of Justice and Equality and others are currently working on guidelines on dealing with such cases pending the enactment of legislation in this area. Work on the guidelines is at an advanced stage. The aim of the process is to produce guidelines for the public that would bring a degree of clarity on the law applicable to this complex area. It is also hoped to put people on notice in regard to the issues, requirements and difficulties which may arise.

Departmental Agencies

Mary Lou McDonald

Question:

95 Deputy Mary Lou McDonald asked the Tánaiste and Minister for Foreign Affairs and Trade if all non-commercial State agency employees under his Department’s aegis are paid directly from the Exchequer. [30889/11]

There are no State agencies under the aegis of the Department of Foreign Affairs and Trade.

Departmental Expenditure

Anne Ferris

Question:

96 Deputy Anne Ferris asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide details for the years 2006 to 2011, inclusive, of the arrangements that he, any body under his aegis or State agency for which he has responsibility entered into for the obtaining of advice from a senior or junior counsel and or a firm of solicitors; the subject matter for which advice was sought; the names of the barristers and solicitors’ firms concerned and the fees paid; the nature of the work concerned; if in each case the matter was advertised for competitive tender and if not, the reason; and if he will make a statement on the matter. [30969/11]

My Department has a Legal Division, staffed by qualified legal professionals who provide legal advice on a wide range of international legal issues. Having such "in-house" legal experts reduces the costs which would be incurred if the Department was to engage externally for similar services. The majority of other instances where legal advice and services have been required by my Department in the State during the period in question have been handled either by the Attorney General's Office or the Chief State Solicitor's Office, or have related to cases processed by the State Claims Agency. As the Deputy will be aware, Government Departments do not directly pay for the legal services provided by the Office of the Attorney General and or the Chief State Solicitor's Office or for advice from Counsel briefed by them.

Nevertheless, there are from time to time occasions where a need to engage external legal services in the State arises, where the necessary specialised expertise is not available within my Department and cannot be accessed from the AGO or the CSSO. In the period in question this occurred on three occasions, the details of which are included in the table below.

The Department's Missions abroad may have occasional requirements for legal services and these are sourced from local legal practitioners as and when required.

Year

Subject matter

Solicitor/Barrister

Fee

Nature of the work

Tendering

2006

Passport biometrics

Mason, Hayes & Curran

€39,351.75

Legal advice and associated services

Standard tendering using etenders

2006

Preparation of tender for transport provision

Ronan Daly Jermyn Solicitors

€10,315.25

Legal advice

Assigned by the CSSO

2007

EPassport

Matheson Ormsby Prentice

€1,473.78

Oversight of EPassport certification

Recommended by the CSSO

Mary Lou McDonald

Question:

97 Deputy Mary Lou McDonald asked the Tánaiste and Minister for Foreign Affairs and Trade the annual cost of the licensed payroll system, CorePay, to his Department. [31058/11]

Core International license their CorePay payroll system by way of an annual maintenance and support charge on installed elements. For 2011 the charge is €20,728. New functionality has been implemented during 2011 for which additional licensing is required at a cost of €31,460. There will also be an associated additional support and maintenance charge of €3,680.

Election Monitoring

Finian McGrath

Question:

98 Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs and Trade if he will list persons in tabular form sent abroad since May 2010 to monitor elections and referendums; the process by which election observers are appointed to the observer panel; the number of male and female observers on the panel; and if he will make a statement on the matter. [31134/11]

The Government believes that international election monitoring missions have an important role to play in the promotion of human rights and democracy. Irish Aid in the Department of Foreign Affairs and Trade maintains a roster of observers for election monitoring missions. There are currently some 300 people on the roster, 104 women and 196 men.

The main requirements for inclusion on the roster are overseas or domestic experience in the administration of elections, or significant overseas development expertise. Members should also be Irish citizens, be in good health and have an ability to adapt to difficult conditions. Knowledge of foreign languages is also an advantage. Candidates who fulfil the requirements are placed on the roster following an interview. The election observation programme is subject to continuous monitoring to ensure that it operates efficiently and effectively and provides the best possible value for money.

The Government aims to ensure that, when requested, Ireland is represented at an appropriate level in international observation missions for elections and constitutional referendums. Irish observers participate primarily on missions organised by the European Union and the Organisation for Security and Cooperation in Europe (OSCE), but have also been involved in missions organised by the Council of Europe, the United Nations and the Carter Centre.

A list in tabular form of persons sent abroad between May 2010 and October 2011 to monitor elections and referendums is set out below.

Election observation missions, May 2010 to October 2010

Irish observers act on observation missions as core team members, long term observers (LTOs) and short term observers (STOs).

Election Observation Missions May-December 2010)

(52 observers on 12 missions)

COUNTRY

ORGANISATION

ROLE

FORENAME

SURNAME

May

Ethiopia

EU

LTO

Donal

Blake

Ethiopia

EU

STO

Terry

Duffy

Ethiopia

EU

LTO

Edward

Horgan

Ethiopia

EU

STO

Michael

McNamara

Ethiopia

EU

STO

Mary

O’Shea

Ethiopia

EU

LTO

Marion

Roche

Georgia

OSCE

STO

Colm

Burke

Georgia

OSCE

STO

Marian

Cadogan

Georgia

OSCE

STO

Geraldine

Cusack

Georgia

OSCE

STO

Seamus

Duffy

Georgia

OSCE

STO

Brian

Flynn

Georgia

OSCE

STO

Eimear

Friel

Georgia

OSCE

STO

Fergus

Gleeson

Georgia

OSCE

STO

Michael

Lanigan

Georgia

OSCE

LTO

Sean

O’Callaghan

June

Guinea

EU

STO

Mary

Boland

Guinea

EU

STO

Michael

Humphreys

Guinea

EU

STO

Aidan

O’Shea

July

Burundi

EU

STO

Peter

Ballagh

October

Bosnia

OSCE

STO

Killian

Forde

Bosnia

OSCE

STO

Niall

Gormley

Bosnia

OSCE

STO

Patrick

Houlihan

Bosnia

OSCE

STO

Paul

McGrath

Bosnia

OSCE

STO

Caoimhe

Ní Chonchuir

Bosnia

OSCE

STO

Chiara

Popplewell

Bosnia

OSCE

STO

Audrey

Ryan

Bosnia

OSCE

STO

Eamonn

Walsh

Bosnia

OSCE

STO

Carole

Ward

Côte d’Ivoire

EU

STO

Peter

Ballagh

Côte d’Ivoire

EU

STO

Patricia

Kearns

Côte d’Ivoire

EU

LTO

Traolach

Sweeney

Kyrgyzstan

OSCE

STO

Gerard

Buckley

Kyrgyzstan

OSCE

STO

Karen

McCormack

Tanzania

EU

STO

Wendy

Dorman-Smith

Tanzania

EU

STO

Terry

Duffy

November

Azerbaijan

OSCE

STO

John

Jefferies

Azerbaijan

OSCE

STO

Padraig

MacCoscair

Azerbaijan

OSCE

STO

Fidelma

MacHale

Azerbaijan

OSCE

STO

Mary

O’Connor

Moldova

OSCE

STO

Gabrielle

Brocklesby

Moldova

OSCE

STO

Terence

O’Brien

Moldova

OSCE

STO

Eric

Byrne

Moldova

OSCE

STO

Robin

Henry

December

Belarus

OSCE

STO

Larry

O’Loughlin

Belarus

OSCE

STO

Geraldine

Cusack

Belarus

OSCE

STO

Michael

Lanigan

Belarus

OSCE

STO

James

O’Shea

Belarus

OSCE

STO

Caoimhe

Ni Chonchuire

Belarus

OSCE

STO

Noel

Brennan

Belarus

OSCE

LTO

Eithne

MacDermott

Kosovo

EU SR

STO

Dermot

McGauran

Kosovo

EU SR

STO

Brian

Flynn

Election Observation Missions (01 January-October 2011)

(51 Observers on 14 Missions)

COUNTRY

ORGANISATION

ROLE

FORENAME

SURNAME

January

Niger

EU

LTO

Dorcha

Lee

Niger

EU

STO

Grattan

Lynch

Sudan

EU

LTO

Maeve

Murphy

Sudan

EU

STO

Michael

Kavanagh

February

Uganda

EU

LTO

Frank

Scott

Uganda

EU

STO

Helen

Keogh

Uganda

EU

STO

Michael

Kennedy

Chad

EU

LTO

Marion

Roche

Chad

EU

LTO

Traoloch

Sweeney

Chad

EU

STO

Michael

Humphreys

April

Nigeria

EU

LTO

Diarmuid

Peavoy

Nigeria

EU

LTO

Sandra

Conway

Nigeria

EU

STO

Adrienne

Boyle

Nigeria

EU

STO

Jimmy

Somers

Kazakhstan

OSCE

STO

Robin

Henry

Kazakhstan

OSCE

STO

Joy

Kanter

Kazakhstan

OSCE

STO

Philippe

Carr

Kazakhstan

OSCE

STO

Raymond

Murphy

Kazakhstan

OSCE

STO

Paul

O’Shea

May

Albania

OSCE

STO

Eric

Byrne

Albania

OSCE

STO

Abdi Hassan

Ibrahim

Albania

OSCE

STO

Maurice

O’Donnell

Albania

OSCE

STO

Simon

Deignan

June

FYROM

OSCE

STO

Maurice

Canavam

FYROM

OSCE

STO

Michael

Smith

FYROM

OSCE

STO

Paul

Lindsay

FYROM

OSCE

STO

Siobhan

Coyne

Peru

EU

LTO

Marion

Roche

Peru

EU

STO

Patrick

Maher

September

Zambia

EU

STO

James

Doody

October

Tunisia

EU

LTO

Sandra

Conway

Tunisia

EU

LTO

Traoloch

Sweeney

Tunisia

EU

LTO

Diarmuid

Peavoy

Tunisia

EU

STO

Mary

O’Shea

Tunisia

EU

STO

Philippe

Carr

Tunisia

EU

STO

Mary

Boland

Kyrgyzstan

OSCE

LTO

Eithne

MacDermott

Kyrgyzstan

OSCE

STO

Caroline

Brennan

Kyrgyzstan

OSCE

STO

Peter

McMahon

Kyrgyzstan

OSCE

STO

John

Lynch

Kyrgyzstan

OSCE

STO

Mary

Dowling

Kyrgyzstan

OSCE

STO

Tom

Kitt

Kyrgyzstan

OSCE

STO

Michael

Coyne

Kyrgyzstan

OSCE

STO

Patricia

Donnelly

Kyrgyzstan

OSCE

STO

Eric

Byrne

Kyrgyzstan

OSCE

STO

Mathew

Quinn

Kyrgyzstan

OSCE

STO

Robin

Henry

Kyrgyzstan

OSCE

STO

Fiona

Devlin

Nicaragua

EU

LTO

Donal

Blake

DRC

EU

LTO

Dorcha

Lee

DRC

EU

LTO

Marion

Roche

Human Rights Issues

Pádraig Mac Lochlainn

Question:

99 Deputy Pádraig Mac Lochlainn asked the Tánaiste and Minister for Foreign Affairs and Trade if he supports the exclusion from the EU of produce from Israeli settlements in occupied Palestinian territories; and if he will make a statement on the matter. [31208/11]

The Government's firm views on the establishment and continued expansion of illegal Israeli settlements in the occupied Palestinian territories are clear and well known. I would support any move at EU level to exclude settlement products from entry to the EU. However, it is clear that such a proposal would not at this point have any prospect of commanding sufficiently wide support.

Pádraig Mac Lochlainn

Question:

100 Deputy Pádraig Mac Lochlainn asked the Tánaiste and Minister for Foreign Affairs and Trade when he will meet representatives of the Irish Ship to Gaza campaign to receive their evidence on the reason they believe their boat, the MV Saoirse, was sabotaged by Israeli agents while docked in Turkey; the efforts he has made to establish the facts about this incident that endangered the lives of Irish citizens while on a humanitarian aid mission; and if he will make a statement on the matter. [31278/11]

When the reports of the damage to the Saoirse were received, the Irish Embassy in Ankara made inquiries with the Turkish police and customs authorities in the port to ascertain their assessment of what had occurred, and the contention of the crew that this had involved sabotage. I have explained, in reply to previous questions from the Deputy, the reasons why the Turkish authorities did not consider that sabotage had taken place. I would be happy to have the views of the Irish Ship to Gaza group examined. I met with them in June prior to these events, and I am of course already familiar with the case they have made in public, and to the Turkish authorities, in relation to their view that the Saoirse was sabotaged. I would invite them in the first instance to meet with officials of my Department, to determine if they have further evidence beyond this to impart.

The investigation of what happened in a port in Turkey is of course, and will remain, primarily the responsibility of the Turkish authorities.

Passport Applications

Catherine Byrne

Question:

101 Deputy Catherine Byrne asked the Tánaiste and Minister for Foreign Affairs and Trade if passport application forms have been amended to show the €65 fee for passports for citizens aged over 65 years; and if he will make a statement on the matter. [31377/11]

In December 2010 the previous Government decided that the free facility, which provided those citizens who were aged 65 and over with a 10 year passport free of charge, would be withdrawn. Since 11 April 2011, these citizens must pay the standard adult fees for their selected passport service. Notice of this and other fee changes were published on the Department's website www.passport.ie and in advertisements in the national press. Current fee information is also available from public notices which are generally displayed in Garda Stations, Post Offices and Passport Offices.

A new print run of application forms and information form notes was issued this summer. The information form notes advise applicants to check the amount of the fee for their requested passport service from these notices when they are applying for passports. This is important as the payment of the wrong fee will delay the processing of their application.

The newly amended information form notes do not include passport fee details. The decision to omit this was based on the following considerations:

(1) The levels of passport fees are reviewed on a regular basis and it would not represent good value for money to have to destroy the existing stock of unused and widely distributed application form notes and replace them with a new version any time there is a fee change.

(2) There is no effective way of updating fee information on the stocks that are in use all over the world at the time of a fee change. Outdated information on these forms has resulted at times in delayed passport delivery.

Applicants are advised to first check the current fees on the Passport Office website or at the Post Office or Garda Station.

It should be noted that the current adult fee for a regular passport is €80 for Passport Express, which is the passport service that is jointly operated by the Department with An Post, and €95 for those applications that are made at a Passport Office or submitted through regular postal services, including registered post.

Departmental Agencies

Mary Lou McDonald

Question:

102 Deputy Mary Lou McDonald asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide a list of all commercial semi-State companies under his aegis. [31394/11]

There are no commercial semi-State companies under the aegis of the Department of Foreign Affairs and Trade.

Pension Provisions

Dominic Hannigan

Question:

103 Deputy Dominic Hannigan asked the Tánaiste and Minister for Foreign Affairs and Trade the position regarding staff who have moved from southern Departments to the all-island bodies in terms of their pension entitlements; if they are a part of the North-South pension scheme and if their years of service have been transferred to that scheme; and if he will make a statement on the matter. [31496/11]

My Department does not have direct responsibility for the all island bodies established under the British Irish Agreement. Questions relating to these bodies and particularly all aspects of the terms of employment and pension entitlements relating to staff who have moved from Departments to the all island bodies should be taken up with the relevant Departments.

The Departments and the bodies for which they are responsible are as follows:

Department

All Island Body

Arts, Heritage and the Gaeltacht

Waterways Ireland and the Language Body

Jobs, Enterprise and Innovation

InterTrade Ireland

Communications, Energy and Natural Resources

Foyle, Carlingford and Irish Lights Commission

Public Expenditure and Reform

Special EU Programmes Body

Health

Food Safety Promotion Board

The same applies to the Department of Transport, Tourism and Sport in regard to Tourism Ireland.

Departmental Expenditure

Billy Kelleher

Question:

104 Deputy Billy Kelleher asked the Tánaiste and Minister for Foreign Affairs and Trade the total expenditure in 2010 on ICT, including staff costs, support and maintenance services, hardware, software, and external resources, including consultancies, contractors and service providers and all agencies under the aegis of his Department. [31519/11]

The total expenditure in my Department on ICT in respect of Votes 28 (Foreign Affairs and Trade) and 29 (International Cooperation) in 2010 was €15,837,705. This includes staff costs, support and maintenance services, hardware, software, telecommunications and external resources including consultancies, contractors and external service providers. There are no State agencies under the aegis of my Department.

Eoghan Murphy

Question:

105 Deputy Eoghan Murphy asked the Minister for Finance if he will confirm the cost to the State for the legal costs incurred by the National Asset Management Agency in 2010 and to date 2011. [30848/11]

Fees and expenses incurred by NAMA are recovered through the operating activities of the agency. They are published in the quarterly reports of NAMA, which are laid before the Houses of the Oireachtas and published on the NAMA website. The second quarterly report for the period ending 30 June 2011, accompanied by financial statements for the second quarter, was submitted to me as required by the end of September 2011 and I will lay the report before each House of the Oireachtas shortly.

The aggregate legal costs for the year 2010 and the first quarter of 2011 are as follows:

2010 €m

Q1 2011 €m

Legal Fees

3.31

0.88

The figures in the table above do not include legal fees incurred by NAMA as part of the loan due diligence process, which are recovered from the five participating institutions through a reduction in the consideration paid for acquired loans.

Proposed Legislation

Finian McGrath

Question:

106 Deputy Finian McGrath asked the Minister for Finance his views on a proposal to create 500 new jobs (details supplied). [31431/11]

This question relates to a submission by the Irish Bookmakers Association. The issues raised are being examined in the context of the proposed Betting (Amendment) Bill, which is being drafted at present. The Bill will amend the 1931 Betting Act to inter alia establish the regulatory framework for the licensing of remote bookmakers and betting exchanges, including measures to enforce the regulatory framework. The extension of the opening hours of retail betting shops over the winter period is also being considered in that context. The drafting of the Bill, which is fairly complex, is well advanced. The Finance Act 2011 provided measures for the extension of the 1% betting duty to remote bookmakers and a 15% gross profits tax to betting exchanges, subject to a Ministerial Commencement order that can only be commenced when the Betting (Amendment) Bill is enacted.

Pension Provisions

Mary Lou McDonald

Question:

107 Deputy Mary Lou McDonald asked the Minister for Finance the saving that could be made to the Exchequer from reducing the earnings cap on pension contributions from €115,000 per annum to €80,000. [30742/11]

The current annual earnings cap of €115,000 acts, in conjunction with age-related percentage limits of annual earnings, to put a ceiling on the annual amount of tax relief an individual taxpayer can obtain on employee or personal pension contributions. I am informed by the Revenue Commissioners that the full year yield to the Exchequer arising from reducing the earnings cap to the amount mentioned in the question is currently estimated to be of the order of €95 million. This figure is provisional and subject to revision. A breakdown of the figures by reference to income levels is available only in respect of the tax relief for contributions to Retirement Annuity Contracts (RACs) and Personal Retirement Savings Accounts (PRSAs) and to the extent that these contributions are included in the personal tax returns of tax payers. With regard to occupational pension schemes (schemes set up by employers), the figures in respect of employee contributions are available only in aggregate form. Information on such contributions is not captured in such a way as to make it possible to associate contributions with individual income levels. For that reason the estimated yield to the Exchequer in respect of these contributions is extremely tentative. The estimated yield is based on assuming that tax relief which would be affected by the changes mentioned in the question is currently allowed at the top income tax rate of 41% and at the maximum age-related percentage limit of earnings. The figure provided could therefore be regarded as the maximum Exchequer yield in respect of those taxpayers.

Public Service Contracts

Kevin Humphreys

Question:

108 Deputy Kevin Humphreys asked the Minister for Finance if it is his policy to check the tax compliance of companies and persons before they are awarded State contracts; if he will consider directing the Revenue Commissioners to investigate the tax compliance of all contractors and sub-contractors currently working on State contracts; and if he will make a statement on the matter. [30750/11]

The policy of my Department, as set out in Circular 43/2006 "Tax Clearance Procedures, Public Sector Contracts" is that, in the case of all public sector contracts of a value of €10,000 (inclusive of VAT) or more within any 12-month period, the contractor (and agent as appropriate) is required to produce either a valid tax clearance certificate or a C2 certificate. The public sector includes all Government Departments and Offices, Local Authorities, the Health Service Executive and other Health Agencies, Educational Bodies and all State Bodies whether commercial or non-commercial (statutory or otherwise) and in general all authorities (agencies/entities/bodies) who finance contracts out of public funds. The Circular is to be interpreted to cover situations where public sector bodies are buying, hiring or leasing goods, services or property or generally expending public monies including, for example, contracts. It is not necessary that a contract be the subject of formal documentation or a tendering process for the tax clearance procedures to apply. Contracts awarded and payments made by public sector bodies to other public sector bodies are excluded from the scope of these procedures.

I am advised by the Revenue Commissioners that the tax compliance of all contractors and sub contractors currently working on State contracts has been verified through the tax clearance or C2 process as outlined above. Further monitoring on sub-contractors' compliance is carried out through the payments cards application process when the compliance status is reviewed before payments in excess of approved amounts can be made without deduction of Relevant Contracts Tax.

In addition, State Bodies, principal and sub contractors are all subject to Revenue's various compliance programmes which range from unannounced visits to sites to fully comprehensive audits. In that context they may be selected for intervention based on the presence of various risk indicators and other information available to Revenue.

In the future the new Relevant Contracts Tax system that is being introduced by Revenue from 1 January 2012 will ensure that Revenue has access to up to date real time information on-line which they can monitor, review and respond to immediately. The rate of RCT to be applied will change depending on the ongoing tax compliance of the sub contractors. In effect it introduces a system of real time and ongoing tax clearance.

Section 101 of the Minister and Secretaries (Amendment) Act 2011 has placed on a statutory basis the independence of the Revenue Commissioners in the exercise by the Commissioners of their statutory functions under the various taxation and customs enactments, including decisions relating to investigation. This has given effect to the recommendation of the Report of the Tribunal into Payments to Politicians and Related Matters (that is, the report of Mr. Justice Moriarty), that the principle or convention of the independence of the Revenue Commissioners be elevated to the more robust status of a legislative provision.

Tax Yield

Kevin Humphreys

Question:

109 Deputy Kevin Humphreys asked the Minister for Finance the amount he expects to raise through the domicile levy otherwise known as the tax exile levy, by the filing date of 31 October; the amount that has been paid to date; his views that the rules of the levy should be adapted on an ongoing basis to ensure that the largest number of high net worth persons are subject to the levy; and if he will make a statement on the matter. [30765/11]

The Domicile Levy can be paid at any time up to 31 October in the year following the valuation date, which is 31 December of each year. The first valuation date for the levy was 31 December 2010 and the tax return and payment of the levy for 2010 is not due until 31 October 2011. The yield figure will not be available until after that date. As with other areas of taxation, the rules are constantly kept under review and any changes will be determined in the context of Budget and Finance Bill.

Tax Code

Kevin Humphreys

Question:

110 Deputy Kevin Humphreys asked the Minister for Finance the rate of VAT that applies to bicycle helmets; his views that it is appropriate to levy VAT on such a critical piece of safety equipment and in view of the fact that VAT does not apply to helmets in the UK; if he will consider changing the rules here so that no VAT rate applies to safety helmets; and if he will make a statement on the matter. [30769/11]

The supply of safety equipment including bicycle helmets for children up to 10 years of age is liable to VAT at the zero rate in accordance with paragraph 10(1) of Schedule 2 of the Value-Added Tax Consolidation Act 2010. The supply of safety equipment for adults and children older than 10 years is liable to VAT at the standard rate of 21% as provided for in Section 46(1)(a) of the VAT Consolidation Act. The application of a reduced rate on safety equipment for adults and older children is prohibited by the EU VAT Directive, with which Irish VAT law must comply. In general, Member States must apply the standard VAT rate to all safety equipment. Under Article 110 of the VAT Directive, where a Member State applied a zero rate of VAT to any item on 1 January 1991, they could continue to apply the zero rate. It is under this provision that clothing and safety equipment for children is zero rated in Ireland. As the standard rate applied to safety equipment for adults and older children on 1 January 1991, it is not possible for Ireland to apply a VAT rate lower than the standard rate to these items. With regard to the VAT rate applying to safety equipment including bicycle helmets in the UK, the same VAT Directive provision (Article 110), allows the UK to zero rate safety equipment and bicycle helmets for adults as well as children. This is because the UK applied such a rate to safety equipment on 1 January 1991.

Departmental Agencies

Mary Lou McDonald

Question:

111 Deputy Mary Lou McDonald asked the Minister for Finance if he will provide a list of all non-commercial State agencies under the aegis of his Department. [30783/11]

Mary Lou McDonald

Question:

115 Deputy Mary Lou McDonald asked the Minister for Finance if all non-commercial State agency employees under his Department’s aegis are paid directly from the Exchequer. [30888/11]

Mary Lou McDonald

Question:

137 Deputy Mary Lou McDonald asked the Minister for Finance if he will provide a list of all commercial semi-State companies under his aegis. [31393/11]

I propose to take Questions Nos. 111, 115 and 137 together.

In response to the Deputy's questions there are 2 bodies which are classed as commercial agencies and one body classed as non-commercial State agency which come under the aegis of my Department.

The commercial bodies are Anglo Irish Bank and The National Asset Management Agency.

The non-commercial State agency which comes under the aegis of my Department is The National Treasury Management Agency (NTMA). The NTMA is responsible for borrowing on behalf of the Government and managing the National Debt. It also acts as the State Claims Agency, the Manager of the National Pensions Reserve Fund and is the body through which the National Development Finance Agency performs its functions. NewERA has been established in the NTMA, initially on a non-statutory basis. The NTMA assigns staff to the National Asset Management Agency (NAMA) and also provides NAMA with business and support services and systems.

The expenses of the NTMA, including staff costs, are paid directly from the Central Fund. NAMA reimburses the NTMA the costs of staff assigned to NAMA and the costs of business and support services provided to NAMA from its own resources.

Tax Code

Robert Dowds

Question:

112 Deputy Robert Dowds asked the Minister for Finance the action being taken to address the issue of the use of transfer pricing to reduce tax paid here by multinational corporations; and if he will make a statement on the matter. [30811/11]

With effect from the start of this year, codified provisions in relation to transfer pricing address any understatement of profits for Irish tax purposes. These provisions confirm that, for trading transactions between associated persons, the OECD "arm's-length" standard of pricing must apply. Arm's length prices are those that would be agreed by independent parties. If the amount payable under the terms of a transaction between associated persons is greater than the arm's length amount and reduces the profit, then the arm's length amount will be deemed to be the amount payable in substitution for the actual amount. If the amount receivable under a transaction is less than the arm's length amount and reduces the profits, then the arm's length amount will be deemed to be the amount receivable in substitution for the actual amount. Media reports have incorrectly suggested that highly profitable companies make arrangements using transfer pricing to reduce their payment of Irish corporation tax, effectively bringing the Irish tax rate below 12.5%.

Arm's-length payments incurred, for the use of assets owned outside the State by an associated foreign company, will reduce the profits of the Irish company concerned. The reports mistakenly attribute to Ireland profits that, in fact, represent the return due to assets owned in other jurisdictions by group companies resident in those jurisdictions. Group companies resident in Ireland pay 12.5% corporation tax on their profits arising here. However, by relating this corporation tax not only to the profits of the Irish-resident companies but, instead, to both those profits and the profits of foreign-resident companies (which are not profits chargeable to Irish corporation tax), these reports produce an average tax rate for the companies concerned that is lower than 12.5% and an inference that Irish profits are not being charged.

Multinational groups, with subsidiaries in other countries as well as in Ireland, incur bona fide expenditures that are paid to foreign group members and reduce Irish profits. This may reduce the average rate of tax for the total profits of the Irish and foreign-resident subsidiaries taken together. Nevertheless, the Irish profits are being charged and the rate of tax actually paid on the profits of Irish-resident subsidiaries is the full 12.5%.

Tax Reliefs

Eoghan Murphy

Question:

113 Deputy Eoghan Murphy asked the Minister for Finance when he is due to report on the section 23 consultation process. [30842/11]

The public consultation on Section 23-type reliefs and other "legacy" property-based tax reliefs, undertaken by my Department concluded at the end of July. Over 700 submissions were made during the consultation, which forms part of an impact assessment process to assess the potential effects of amending, curtailing and/or abolishing such reliefs, in keeping with the commitment in the Programme for Government to curtail tax shelters which benefit very high income earners. Submissions were received from a wide range of organisations and from individuals, and varied in length and scope. These submissions are currently being examined and are adding to our understanding of the dynamic of these reliefs and providing a valuable source of information on the possible impacts on the State and investor groups of potential changes to the treatment of property-based legacy reliefs.

It is anticipated that the analysis of the submissions along with the results of the impact assessment process will be available for consideration in the context of the forthcoming budget.

As the Deputy is aware it is not customary to comment in advance of the Budget on any matters that might be the subject of Budget decisions.

Tax Code

Michael Healy-Rae

Question:

114 Deputy Michael Healy-Rae asked the Minister for Finance if he will examine ways of reducing the VAT rate on domestic energy, to alleviate fears and hardship that energy costs are having on persons with low incomes. [30867/11]

I would point out that domestic fuels, namely electricity and gas, are already subject to VAT at the reduced rate of 13.5% in Ireland. The majority of EU Member States, nineteen of the 27 States, apply higher VAT rates to domestic energy than Ireland. Ireland can avail of this reduced rate because of a provision, under Article 118 of the EU VAT Directive that provides that where a reduced rate applied to a good or service on 1 January 1991, Member States can continue to avail of that reduced rate. However, this provision is restricted in that only a rate of 12% or more may apply to domestic fuels.

The level and timeframe of any changes to the Irish VAT rates will be determined in the context of the annual Budget cycle.

Question No. 115 answered with Question No. 111.

Departmental Agencies

Mary Lou McDonald

Question:

116 Deputy Mary Lou McDonald asked the Minister for Finance if he will provide the following information regarding the agencies operating under his aegis (details supplied) namely, the total number of whole time equivalent staff, the total number of board members, the chairperson’s and board members’ respective remuneration packages, the total annual wage bill and the total amount of central funding provided to the agency inclusive of wage bill. [30915/11]

In response to the Deputy's question information in relation to bodies listed and which come under the aegis of my Department is as follows: Details requested in respect of the Office of the Appeals Commissioners and Office of the Revenue Commissioners are available in the revised estimates for 2011.

The National Development Finance Agency (NDFA) performs its functions through the National Treasury Management Agency (NTMA). The NTMA had 39 members of staff directly assigned to the NDFA at end-September 2011.

There are eight members of the NDFA Board. The Chairman and Chief Executive of the NDFA (the CEO and a director of the NTMA respectively) receive no fee. The remaining 6 ordinary board members receive a fee of €12,600 per annum, which takes into account a 10% reduction in fees agreed by the Board at the request of the Minister for Finance in 2009. Board fees are charged to the Central Fund.

The National Pensions Reserve Fund (NPRF) is controlled and managed by the NPRF Commission. The NTMA is the Manager of the National Pensions Reserve Fund and the Commission performs its functions through the Manager. The NTMA had 13 members of staff directly assigned to the NPRF at end-September 2011.

There are seven members of the National Pensions Reserve Fund Commission. The Chairperson is paid €51,424 per annum and ordinary members of the Commission (other than the Chief Executive of the NTMA who is an ex-officio member of the Commission and does not receive a fee) are paid €34,283. These fees take into account a 10% reduction in fees agreed by the Board at the request of the Minister for Finance in 2009). The fees paid to the Commission are charged to the National Pensions Reserve Fund.

The NTMA's shared services (Finance, HR, IT, etc.) provide support to all of the Agency's business functions, including the NDFA and the NPRF.

The expenses of the NTMA, including staff costs, are paid directly from the Central Fund. NAMA reimburses the NTMA the costs of staff assigned to NAMA and the costs of business and support services provided to NAMA from its own resources. The costs incurred by the NTMA in its role as Manager of the NPRF are set out in the accounts of the National Pensions Reserve Fund. These costs amounted to €4.5 million in 2010. The costs incurred by the NTMA in relation to the NDFA are set out in the accounts of the NDFA. These costs amounted to €7.1 million in 2010.

Fees and expenses incurred by the NPRF Commission, other than the expenses of the NTMA as outlined above, are charged to the NPRF.

Amounts are advanced from the Central Fund to fund the payment of external advisory fees and expenses incurred by the NDFA in the performance of its financing and advisory functions in relation to specific investment projects. These fees and expenses are reclaimed from State authorities and the amounts advanced are then repaid to the Exchequer.

State Banking Sector

Jim Daly

Question:

117 Deputy Jim Daly asked the Minister for Finance if his attention has been drawn to an internal memo circulated recently within AIB instructing all account managers not to pay standing order claims from accounts that exceed the authorised limit even by the slightest amount and not regarding paired accounts that may be in surplus cash; and if he will make a statement on the matter. [30927/11]

As the Deputy will be aware, notwithstanding the fact that the State is a 99.8% shareholder in AIB, the bank is run on a commercial basis and the Government does not interfere in the day to day commercial decisions taken by the board and management of the bank. The matter referred to in the Deputy's question would clearly fall into this category and I would have no function in the matter.

Tax Collection

Michael McCarthy

Question:

118 Deputy Michael McCarthy asked the Minister for Finance the reason for the delay in processing an appeal in respect of a person (details supplied) in County Cork to the Revenue Commissioners; when a decision on the matter will be forthcoming; and if he will make a statement on the matter. [30930/11]

I am informed by the Revenue Commissioners that there has been no delay in dealing with this matter. The person concerned wrote to the Office of the Appeal Commissioners on 5th October to make an appeal. The Appeal Commissioners replied on 14th October advising him that, in accordance with the relevant legislation, he should make his appeal through the Revenue Commissioners. In writing to Revenue he should address his letter to Mr. Michael Duggan, Assistant Principal, Revenue Commissioners, Revenue House, Blackpool, Cork, who will ensure that it receives prompt attention.

The person concerned also wrote to the Revenue Commissioners on 5th October seeking an internal review of his tax affairs. Revenue's Internal Review Unit will ensure that the review is completed as soon as possible.

Tax Code

Catherine Murphy

Question:

119 Deputy Catherine Murphy asked the Minister for Finance if he will consider amending clauses (1) and (111) of paragraph a(11) of the Stamp Duties Consolidation Act 1999; if he agrees the time limit can be a problem when divorce or separation is protracted; if changes to the act are planned; the time frame involved; and if he will make a statement on the matter. [30959/11]

The Deputy appears to be referring to Section 92B Stamp Duties Consolidation Act 1999, which relates to first time buyer relief from Stamp Duty on the purchase of residential property. Finance Act 2011 abolished first time buyer relief, along with a number of other reliefs from Stamp Duty on residential property transfers, as part of the process in which the Stamp Duty rate was reduced to 1% on properties valued up to €1 million and 2% on any balance over €1 million. I have no plans at this time to reintroduce this relief so the question of amending the provision does not arise.

Departmental Expenditure

Anne Ferris

Question:

120 Deputy Anne Ferris asked the Minister for Finance if he will provide details for the years 2006 to 2011, inclusive, of the arrangements entered into by him, any body under his aegis or State agency for which he has responsibility, for the obtaining of advice from a senior or junior counsel and or a firm of solicitors; the subject matter for which advice was sought; the names of the barristers and solicitors firms concerned and the fees paid; the nature of the work concerned; if in each case the matter was advertised for competitive tender and if not, the reason; and if he will make a statement on the matter. [30968/11]

In general, my Department uses the services of the Office of the Attorney General and the Office of the Chief State Solicitor. However, it also seeks outside legal advisors in circumstances requiring legal services of a specific nature. The costs associated with the Office of the Attorney General and the Office of the Chief State Solicitor are borne by their respective Votes. The following tables set out the detail sought by the Deputy in relation to the legal fees paid by my Department and by the Offices under the aegis of my Department for the years 2006, 2007, 2008, 2009, 2010 and to date in 2011.

The Deputy should note, that information in respect of my Department covers some activities for which responsibility transferred to the Department of Public Expenditure and Reform from July 2011.

Both the National Treasury Management Agency and the Central Bank were unable to provide the information requested by the Deputy in the time available, however this information is being collated and will be issued to the Deputy.

Department of Finance

Advisor

2006

2007

2008

2009

2010

2011 (to date)

Reason

Tender Yes/No

Philip Lee Solicitors

18,501

0

0

0

0

0

Advice in relation to the drafting of construction contracts

Yes

McCann Fitzgerald

0

0

48,400

0

0

0

Advice relating to procurement of air/transport agency services

Yes

McCann Fitzgerald

39,325

14,664

0

0

0

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

Yes

Matheson Ormsby Prentice

5,608

25,549

0

0

0

0

Advice relating to general supplies and services contracts

Yes

Max Abrahamson

18,150

12,100

0

0

0

0

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

Yes

Arthur Cox

0

1,628,024

5,875,869

4,804,884

962,579

Advice relating to bank guarantee scheme

No*

A&L Goodbody

440,556

137,090

182,007

0

0

0

Advice relating to Standard Public Works Contracts for works contractors

Yes

A&L Goodbody

29,310

66,657

0

0

0

0

Advice relating to Public Private Partnership, terms and conditions

Yes

A&L Goodbody

92,130

112,050

0

0

0

0

Advice relating to sale of ACC bank

Yes

Paul O’Higgins S.C.

0

0

0

15,125

0

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

Yes

David Barniville SC

0

0

0

0

0

36,402

Advice in relation to Credit Institutions Stabilisation Act

No. SC Engaged by AG’s office

Niamh Hyland BL

0

0

0

0

0

24,657

Advice in relation to Credit Institutions Stabilisation Act

No. BL engaged by AG’s office

Lúan Ó Braonáin S.C.

0

0

0

0

0

2,226

Advice in relation to Outside Appointments Board

No. Nominated by Gen Counsel Bar of Ireland

Office of the Appeal Commissioners

Nil reply

Office of the C&AG

The C&AG's role as auditor of the accounts of all Government Departments, other Funds controlled by the State and many State Sponsored Bodies can lead to situations where the Office has to obtain independent legal advice as a conflict of interest could arise for the Attorney General as the legal adviser representing the body the Office requires legal advice on. The Office procures all legal services for a period of three years at a time, using a competitive open tendering process. It is not possible to set out the individual subject matter of advice sought over each three-year period. Indicatively, the Office seeks a firm of solicitors which can offer the following types of advice; Litigation, Contract Law, Defamation, Employment Law, Administrative Law and Legislation.

Legal advice was sought on a case-by-case basis, where the primary provider of legal services during the period concerned suffered from a conflict of interest. Where the Office procures legal advice separately to this draw down arrangement, the subject of the advice is given in the table below.

Office of C&AG

Advisor

2006

2007

2008

2009

2010

2011 (to date)

Reason

Tender Yes/No

Matheson Ormsby Prentice

14,621

37,842

0

0

6,007

0

Variety of issues relating to day-to-day work of the Office

Yes

William Fry

0

2,315

0

0

0

0

Work relating to chapter in Annual Report

No— specialist single issue.

Maurice G Collins

0

3,025

0

0

0

0

Advice in relation to an audit

No— specialist single issue.

Mason Hayes Curran

13,078

16,568

8,030

Variety of issues relating to day-to-day work of the Office

Yes

Philip Lee Solicitors

0

0

0

0

0

10,568

Variety of issues relating to day-to-day work of the Office

Yes

Philip Lee Solicitors

0

0

0

0

0

48,599

NAMA due diligence advice

No. Firms approached to participate in tendering process all had a conflict of interest.

Revenue

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

Virtually all the fees paid to Counsel relate to tax and customs compliance, including tax avoidance. The requirement for legal advice arises in the context of individual tax and customs cases, which cannot be detailed for reasons of taxpayer confidentiality, where Revenue is challenging, or being challenged. Other than the figures in Table 2 below, it is not possible to disaggregate the fees paid for advice from those paid for litigation and advocacy services.

For completeness, I am advised by the Revenue Commissioners that following competitive tender they entered into contracts with firms of solicitors to provide legal services associated with debt collection and recovery. These are essentially outsourcing contracts and the expenditure is set out in Table 3 below.

Table 1: Total fees paid to Counsel in respect of services provided to Revenue Commissioners, including VAT.

2006

2007

2008

2009

2010

2011 (To 30/09/2011)

1,346,003

1,315,252

1,949,170

1,660,464

1,489,762

889,130

Table 2: Fees paid to Solicitors firms for advice, including VAT

Year

Firm

Fees

Purpose

2009

Philip Lee

€10,518.42

Procurement and contract advice for the provision of Legal Services associated with Debt Collection and Recovery.

2009

Arthur Cox

€12,413.93

Advice — Employment Law

2010

Philip Lee

€2,099.81

Procurement and contract advice for the provision of security services.

2010

Philip Lee

€15,447.40

Contracts relating to ICT External Resource procurement

2010

Arthur Cox

€656.80

Advice — Employment Law

2011

Arthur Cox

€2,922.15

Procurement Advice

2011

Arthur Cox

€14,345.18

Advice — Employment Law

Table 3: Expenditure on Debt Collection and Recovery, including VAT and outlay.

Firm

2006

2007

2008

2009

2010

2011 (to date)

Holmes O’Malley Sexton, Limerick

€587,967

€714,860

€838,145

€738,295

€716,246

€604,758

Ivor Fitzpatrick & Co, Dublin

€563,640

€643,981

€615,345

€1,155,081

€1,095,244

€827,894

Lavelle Coleman & Co, Dublin

Nil

Nil

Nil

Nil

€239,378

€434,590

Mason Hayes & Curran, Dublin

€750,780

€633,535

€773,212

€662,173

€615,068

€537,168

Matheson Ormsby Prentice, Dublin

€1,083,020

€916,064

€794,517

€746,975

€712,810

€780,719

Pierse & Fitzgibbon, Listowel

€773,524

€741,625

€846,706

€837,688

€730,065

€649,925

George V. Maloney, Cavan

€943,669

€686,751

€471,984

€598,573

€639,838

€111,745

Barristers Fees 2006

Name

Gross Fee + VAT

Aston, Anthony

€104,302.00

Barron, Robert

€7,925.50

Bourke, Conor

€51,773.88

Butler, Nuala

€17,000.50

Cahill, Dermot

€11,253.00

Clifford, Eoin

€1,996.50

Clohessy, Grainne

€90,852.85

Collins, Anthony M.

€61,014.25

Connolly, James

€26,015.00

Conway, Brendan

€73,592.20

Dillon, Justin

€28,737.50

Dwyer, James

€6,594.50

Farrelly, Marjorie

€11,446.60

Fennelly, Will

€5,445.00

Finn, Eileen

€14,025.11

Fitzsimons, Eoghan

€135,399.00

Fullam, His Honour, Raymond

€114,284.50

Gallagher, Lorna

€13,612.50

Gallagher, Paul

€19,844.00

Gilvarry, David F.

€701.80

Goodman, Aoife

€14,399.00

Grehan, Brendan

€1,875.50

Heneghan, Margaret

€3,569.50

J. Travers, Noel

€14,580.50

Kierse, Alison

€3,872.00

Lyons, Richard

€6,171.00

McBratney, R. John

€7,925.50

McDermott, Paul Anthony

€13,410.43

McDonagh, Feichin

€2,420.00

McDonagh, Sunniva

€3,012.90

McDonald, Denis

€27,184.66

McDonough, Donough M.

€1,028.50

McGarry, Paul

€8,530.50

McGinn, Dominic

€8,954.00

McGovern, Jeananne

€1,694.00

Murray, Brian

€21,810.25

O’Higgins, Paul

€20,691.00

Ó hOisín, Colm

€1,815.00

O’Keeffe, Daniel

€56,144.00

O’Mara, Helen

€1,391.50

O’Connor, Caoilte

€1,877.92

O’Donnell, Michael

€17,787.00

O’Hanlon, Niall

€30,262.10

O’Mahony, Mark

€113,810.59

Ramsay, Ciaran

€23,050.50

Smith, Kelley

€1,210.00

Spierin, Brian

€45,980.00

Tighe, Una

€95,729.15

€1,346,003.19

Barristers Fees 2007

Name

Gross Fee + VAT

Aston, Anthony

€97,545.80

Barron, Robert

€12,100.00

Bourke, Conor

€49,065.50

Cahill, Dermot

€17,061.00

Clarke, Douglas

€28,919.00

Clohessy, Grainne

€133,402.50

Collins, Anthony M.

€52,332.50

Collins, Michael

€2,601.50

Conway, Brendan

€66,138.60

Coughlan, Stephen

€6,534.00

Dillon, Justin

€10,587.50

Dwyer, James

€4,235.00

Farrelly, Marjorie

€10,369.70

Finn, Eileen

€25,601.18

Fitzsimons, Eoghan

€45,496.00

Fullam, His Honour, Raymond

€189,970.00

Gaffney, Brian

€5,687.00

Goodman, Aoife

€16,335.00

Gormley, Paul

€6,836.50

J. Travers, Noel

€23,312.47

Kierse, Alison

€23,776.50

Lyons, Richard

€1,815.00

McBratney, R. John

€3,025.00

McDermott, Paul Anthony

€21,780.00

McDonald, Denis

€61,226.00

McGinn, Dominic

€21,356.50

McGovern, Jeananne

€6,050.00

McGowan, Fiona

€1,089.00

Murray, Brian

€7,720.38

Naidoo, Kerida

€3,690.50

O’Keeffe, Daniel

€21,417.00

O’Hanlon, Niall

€107,861.65

O’Mahony, Mark

€102,335.75

O’Reilly, Patrick

€1,270.50

Ramsay, Ciaran

€98,212.07

Smith, Kelley

€10,950.50

Sreenan, Pearse

€2,420.00

Tighe, Una

€15,125.00

€1,315,252.10

Barristers Fees 2008

Name

Gross Fee + VAT

Aston, Anthony

€155,313.00

Barniville, David

€4,598.00

Barron, Robert

€12,221.00

Bourke, Conor

€79,375.40

Cahill, Dermot

€37,510.00

Clifford, Eoin

€17,605.50

Clohessy, Grainne

€288,803.50

Collins, Anthony M.

€121,910.75

Collins, Dorothy

€7,986.00

Comyn, Edward

€4,900.50

Connolly, James

€34,969.00

Conway, Brendan

€114,734.30

Dillon, Justin

€4,295.50

Farrelly, Marjorie

€10,043.00

Finn, Eileen

€27,406.50

Fitzsimons, Eoghan

€156,271.50

Fullam, His Honour, Raymond

€14,520.00

Gaffney, Brian

€18,694.50

Gallagher, Lorna

€2,178.00

Gallagher, Paul

€2,117.50

Goodman, Aoife

€11,162.57

Heneghan, Margaret

€3,388.00

Kelly, Kieran

€3,267.00

Kerr, Anthony

€31,157.50

Kierse, Alison

€35,150.50

Kilfeather, Jonathan

€1,893.65

McDermott, Paul Anthony

€8,414.50

McDonagh, Sunniva

€5,868.50

McDonald, Denis

€76,000.10

McGinn, Dominic

€18,210.50

McGovern, Jeananne

€3,085.50

McGowan, Fiona

€302.50

McGuinness, Diarmuid

€3,811.50

Murray, Brian

€2,541.00

O Drisceoil, Mr. Ross

€15,584.80

O’Donnell, Michael

€14,278.00

O’Hanlon, Niall

€38,296.50

O’Higgins, Michael

€1,210.00

O’Mahony, Mark

€178,838.29

O’Reilly, Patrick

€980.10

Ramsay, Ciaran

€197,149.94

Sheehan, Lisa

€250.00

Smith, Kelley

€98,198.00

Tighe, Una

€84,678.22

€1,949,170.62

Barristers Fees 2009

Name

Gross Fee + VAT

Aston, Anthony

€80,170.56

Barron, Robert

€33,881.49

Boland, Ray

€1,285.47

Bourke, Conor

€156,719.45

Cahill, Dermot

€29,266.92

Clifford, Eoin

€4,587.84

Clohessy, Grainne

€239,485.49

Collins, Anthony M.

€234,903.24

Conway, Brendan

€19,916.28

Finn, Eileen

€36,366.65

Fitzsimons, Eoghan

€64,108.26

Fullam, His Honour, Raymond

€2,642.63

Goodman, Aoife

€34,202.25

Heneghan, Margaret

€2,012.04

Kerr, Anthony

€3,632.85

Kierse, Alison

€53,948.43

Lucey, John

€1,397.25

McDonagh, Sunniva

€7,654.50

McDonald, Denis

€12,424.59

McGinn, Dominic

€21,990.29

McGovern, Jeananne

€3,688.74

McGuinness, Diarmuid

€21,900.38

Miller, Mary Geraldine

€2,126.25

Murphy, Shane

€17,437.68

O Mara,, Helen

€5,868.45

O’Doherty, Warren & Associates

€2,209.70

O’Donnell, Donal

€1,822.50

O’Hanlon, Niall

€36,430.56

O’Mahony, Mark

€115,688.66

Quinn, Patrick

€52,854.93

Ramsay, Ciaran

€161,026.04

Ramsey, Michael

€10,244.88

Shanahan, Rudi Newman

€2,346.00

Smith, Kelley

€128,159.42

Tighe, Una

€58,063.64

€1,660,464.31

Barristers Fees 2010

Name

Gross Fee + VAT

Aston, Anthony

€74,889.32

Barron, Robert

€834.90

Binchy, Kieran

€552.00

Bourke, Conor

€43,405.85

Byrne, John

€4,397.14

Cahill, Dermot

€53,940.74

Clifford, Eoin

€10,464.08

Clohessy, Grainne

€338,936.49

Cogan, Elizabeth

€1,753.29

Collins, Anthony M.

€113,701.28

Conway, Brendan

€6,062.10

Cush, Michael

€38,962.00

Dignam, Conor

€194.81

Dunford, Mr. Craig

€1,011.54

Dwyer, James

€4,230.16

Farrelly, Marjorie

€12,634.82

Fennelly, Will

€11,813.72

Ferriter, Cian

€6,066.94

Finn, Eileen

€34,166.04

Fitzsimons, Eoghan

€1,948.10

Foley, Sarah-Kate

€552.00

Gallagher, Lorna

€1,227.51

Gillane, Sean

€929.28

Goodman, Aoife

€49,426.08

Healy-Rae, Rosemary

€4,731.10

Kearney, Brian

€8,642.94

Kelly, Kieran

€8,111.84

Kerr, Anthony

€6,044.43

Kierse, Alison

€32,402.40

Lucey, John

€10,464.08

McDermott, Paul Anthony

€946.22

McDonald, Denis

€23,321.54

McGinn, Dominic

€72,822.64

McGovern, Jeananne

€17,995.20

O Floinn, Benedict

€3,347.81

O’Connell, Jennifer

€9,907.48

O’Hanlon, Niall

€67,394.82

O’Mahony, Mark

€93,197.98

O’Reilly, Alice Mary

€10,000.00

Quinn, Patrick

€3,673.56

Ramsay, Ciaran

€109,037.94

Ramsey, Michael

€2,417.58

Smith, Kelley

€107,100.01

Spierin, Brian

€12,021.35

Tighe, Una

€72,367.68

Travers, Noel

€1,713.84

€1,489,762.63

Barristers Fees 2011

Name

Gross Fee + VAT

Aston, Anthony

€21,651.74

Barron, Robert

€13,915.00

Beck, Andrew

€7,792.40

Binchy, Kieran

€2,070.00

Bourke, Conor

€52,487.38

Byrne, John

€17,757.96

Cahill, Dermot

€50,567.11

Clarke, Seamus

€1,029.71

Clifford, Eoin

€3,005.64

Clohessy, Grainne

€142,530.74

Cogan, Elizabeth

€11,298.98

Collins, Anthony M.

€64,398.62

Connolly, Lorcan

€1,463.86

Conway, Brendan

€3,228.28

Cunningham, Arthur

€3,395.26

Dillon, Justin

€723.58

Farrelly, Marjorie

€8,349.00

Fennelly, Will

€2,170.74

Finn, Eileen

€17,054.95

Fitzsimons, Eoghan

€19,703.64

Gallagher, Lorna

€9,642.54

Goodman, Aoife

€26,772.46

Grant, Maddie

€445.28

Healy-Rae, Rosemary

€2,783.00

Kearney, Brian

€5,399.02

Kerr, Anthony

€4,843.39

Kierse, Alison

€8,738.62

Lucey, John

€7,263.63

McDermott, Paul Anthony

€2,783.00

McDonald, Denis

€5,677.32

McGinn, Dominic

€15,167.35

McGovern, Jeananne

€11,132.00

Mulloy, Eanna

€16,113.57

Murray, Brian

€21,335.93

O Mara,, Helen

€1,335.84

O’Connell, Jennifer

€9,684.84

O’Hanlon, Niall

€890.56

O’Mahony, Mark

€70,465.56

Quinn, Patrick

€17,978.18

Ramsay, Ciaran

€129,975.78

Shanahan, Rudi Newman

€1,168.86

Smith, Kelley

€60,022.05

Tighe, Una

€14,916.88

€889,130.25

Tax Code

Jack Wall

Question:

121 Deputy Jack Wall asked the Minister for Finance the reason a person (details supplied) in County Kildare has not received a P45; and if he will make a statement on the matter. [30977/11]

I have been advised by the Revenue Commissioners that they have contacted the employer and that a P45 will issue to the person concerned today.

Mortgage Debt

Seán Ó Fearghaíl

Question:

122 Deputy Seán Ó Fearghaíl asked the Minister for Finance his views on correspondence (details supplied) regarding mortgage debt issues; and if he will make a statement on the matter. [31003/11]

I would like to thank the Deputy for bringing to my attention the proposals for dealing with the mortgage arrears situation. As the Deputy is aware a lot of discussion has taken place to deal with the mortgage arrears situation and a lot of suggestions have been put forward. In November 2010, the Expert Group on Mortgage Arrears and Personal Debt published its report. All of the Group's recommendations are listed in Chapter 2 of the Report which can be accessed on my Department's website: www.finance.gov.ie.

More recently, the Economic Management Council, of which I am a member, requested an Inter-Departmental Mortgage Arrears Working Group to consider further necessary actions to alleviate the increasing problem of mortgage over-indebtedness. The Group's report was published on 12 October 2011 and is also available on my Department's website. The report was debated in the Dáil this week. This debate gave all sides of the House the opportunity to contribute in a constructive and realistic manner to the deliberations on this important issue. As I stated in the House, all of us recognise that the problem is a complex one. Neither the work of the Group nor the report were designed to offer the complete solution to the mortgage arrears problem. As is recommended in the report, further solutions need to be developed by the mortgage lenders and these need to be assessed by the Central Bank. The report sets out some very important recommendations on where the State should play its part by supporting mortgage to rent schemes, establishing a mortgage advisory function and introducing more appropriate bankruptcy legislation. Its sets out a clear framework for assessing individual situations and a range of suggested solutions.

I have instructed the Banking Division of my Department to begin discussions with the banks to ensure implementation of the measures set out in the report.

Departmental Expenditure

Mary Lou McDonald

Question:

123 Deputy Mary Lou McDonald asked the Minister for Finance the annual cost of the licensed payroll system, Corepay, to his Department. [31057/11]

My Department is a shared services payroll provider and, in addition to paying Finance staff, uses its licensed Corepay system to provide a service for a number of other Government Department/Offices per annum. The annual maintenance and support costs in respect of this service are €49,200.

The Revenue Commissioners, which is under the aegis of my Department, is not part of my Department's shared services payroll. However, I am informed the annual Corepay costs for that body were, €81,070 in 2010.

Financial Services Regulation

Peter Mathews

Question:

124 Deputy Peter Mathews asked the Minister for Finance if financial institutions are obliged to lower the interest on a mortgage (details supplied); and if he will make a statement on the matter. [31145/11]

As Minister for Finance, I do not get involved in or comment on negotiations/discussions between a borrower with his/her lender. I note that the borrower in question is engaging with the lender. As the Deputy is aware the Central Bank's Code of Conduct on Mortgage Arrears (the Code) applies to mortgage lending activities with borrowers in respect of their principal private residence in the State. Under the Code, lenders must establish a Mortgage Arrears Resolution Process known as a MARP and use this framework when dealing with borrowers who are in arrears or in pre-arrears situations. Under rule16 of the Code, a lender must establish a dedicated Arrears Support Unit (ASU) to manage cases under the MARP. If a borrower is not satisfied with a decision of the ASU, then he or she can appeal the matter to the lender's internal appeals board which the lender is obliged to establish under rule 42 of the Code. A copy of the Code is available on the Central Bank's website: www.centralbank.ie.

Luke 'Ming' Flanagan

Question:

125 Deputy Luke ‘Ming’ Flanagan asked the Minister for Finance his views that it is unfair for lending institutions to raise variable mortgage rates in order to offset losses on tracker mortgages; and if he will make a statement on the matter. [31152/11]

Brendan Griffin

Question:

130 Deputy Brendan Griffin asked the Minister for Finance his views on a matter (details supplied); the steps he will take in this situation; and if he will make a statement on the matter. [31178/11]

Michael Healy-Rae

Question:

134 Deputy Michael Healy-Rae asked the Minister for Finance if he will review a matter (details supplied) regarding interest rates; and if he will make a statement on the matter. [31271/11]

I propose to take Questions Nos. 125, 130 and 134 together.

As Minister for Finance, I have no statutory role in the setting of interest rates charged by financial institutions regulated by the Central Bank.

The Central Bank has responsibility for the regulation and supervision of financial institutions in terms of consumer protection and prudential requirements and for ensuring ongoing compliance with applicable statutory obligations. Interest rates and financial products are not regulated. Each institution determines the rate it charges its customers, depending on a number of factors, such as cost of funds and commercial considerations (such as competition in the market, risk pricing and the impact on deposit rates).

Despite the Central Bank not having a statutory role in the matter, I have been advised by the Bank that a decision has been taken to require any bank that has received Government capital support to provide an impact analysis of any proposed standard variable mortgage rate increase in terms of the implications for its arrears portfolio and for future capital requirements. The Central Bank has also indicated that the Board of Directors of such a bank must, in future, review and approve this analysis to ensure that proper attention is given to the costs of such actions The Deputies may wish to refer to the address given by Mr Matthew Elderfield, Deputy Governor of the Central Bank to the Association of Compliance Officers in Ireland at University College Cork on 14 October 2011. This can be accessed on the Central Bank's website www.centralbank.ie.

The Financial Services Ombudsman is a statutory officer who deals independently with complaints from consumers about their individual dealings with financial service providers that have not been resolved by the providers after they have been through the internal complaints resolution systems of the providers. Because of the independence of the Ombudsman, it would not be appropriate for me to comment on his work or on how long it takes him to carry out his investigations.

National Asset Management Agency

Pearse Doherty

Question:

126 Deputy Pearse Doherty asked the Minister for Finance if he will release NAMA Q2, 2011 accounts in advance of meeting of the Committee of Public Accounts on 26 October 2011; and if he will make a statement on the matter. [31163/11]

The second quarterly report for the period ending 30 June 2011, accompanied by financial statements for the second quarter, was submitted to me by NAMA as required by the end of September 2011 and I will lay the report before each House of the Oireachtas shortly.

Banks Recapitalisation

Peter Mathews

Question:

127 Deputy Peter Mathews asked the Minister for Finance the amount of Government bonds that were assets of Allied Irish Bank immediately prior to the 31 July recapitalisation; the amount of Government bonds that are assets of Allied Irish Bank currently; and if he will make a statement on the matter. [31171/11]

The latest publicly available figures on the amount of Eurozone Government bonds, including Irish government bonds, held by AIB were published as part of the EU wide bank stress tests on 15 July 2011. A link to the main release on the Central Bank of Ireland's website is below. http://www.centralbank.ie/press-area/press-releases/Pages/2011EU-WideBankStressTestResultsforIrishBanksPublished.aspx

The results published by the Central Bank contain an individual PDF report for AIB detailing the various Eurozone and other Sovereign exposures, including Ireland, as of 31 December 2010. The Sovereign debt exposures are shown starting on page 7 of the PDF report.

Additionally, AIB provided updated partial disclosure on their sovereign exposures as part of their 30 June 2011 half year results, the full detail of which can be found on page 27 of the document at the link below on the AIB website. http://www.aib.ie/servlet/ContentServer?pagename= AIBInvestorRelations/AIBDownload/aibddownload&c=AIBDownload&cid=1314616620712&channel=IRFP

I am informed by the bank that an up-to-date disclosure of its Irish Government bond holdings is not currently available on the grounds of commercial sensitivity and would only ordinarily be updated at accounting period ends or as part of other market announcements

Brendan Griffin

Question:

128 Deputy Brendan Griffin asked the Minister for Finance his views on a matter (details supplied); if he intends to deliver on this commitment; and if he will make a statement on the matter. [31173/11]

The Programme for Government commits the Government to examining a proposal to increase mortgage interest relief to 30% for first time buyers who bought between 2004 and 2008 to be financed in part by the abolition of mortgage interest relief for new buyers from mid 2011. This proposal was considered by the Inter-Departmental Group on Mortgage Arrears but was not recommended by the 0Group. However, all tax matters remain for consideration in the context of the annual Budget and this remains the position.

Tax Code

Olivia Mitchell

Question:

129 Deputy Olivia Mitchell asked the Minister for Finance the reason medical expenses involving hair transplant for female patients suffering from alopecia are not allowable for tax relief; if he will consider allowing same for this condition; and if he will make a statement on the matter. [31174/11]

Income Tax relief in respect of health expenses is allowable in accordance with section 469 of the Taxes Consolidation Act 1997. The section provides for tax relief for health expenses incurred in the provision of health care. "Health Care" is defined as the prevention, diagnosis, alleviation or treatment of an ailment, injury, infirmity, defect or disability but does not include cosmetic surgery or similar procedures, unless the surgery or procedure is necessary to ameliorate a physical deformity arising from, or directly related to, a congenital abnormality, a personal injury or a disfiguring disease. Hair transplant treatment for androgenetic alopecia (known as female and male pattern baldness) is not regarded as the provision of "health care" and, accordingly, tax relief is not due in respect of expenditure incurred for hair transplant treatment in such cases. However, other forms of alopecia, such as scarring alopecia, are different from androgenetic alopecia and are considered separately by the Revenue Commissioners.

Scarring alopecia, for example, arises because of inflammation or infection of the hair follicles, which results in hair loss. Where ailments such as scarring alopecia are treated with medications to heal the scarring, tax relief would be allowed for the expenses incurred for the medications and the services of a medical practitioner. Hair transplant treatment for scarring alopecia, may also qualify as the provision of health care, if it can be shown that the transplant treatment was not cosmetic and was undertaken for the treatment of a congenital abnormality, a personal injury or a disfiguring disease.

If a person is not satisfied with a decision of the Revenue Commissioners to refuse tax relief under section 469, it is open to the person to appeal to the tax Appeal Commissioners to have the matter reviewed.

Having regard to the approach adopted by the Revenue Commissioners as respects tax relief for non-androgenetic alopecia suffers and the fact that an appeal is available against the Commissioners decision I do not propose to make any changes in this area.

Question No. 130 answered with Question No. 125.

Bank Staffing

Pearse Doherty

Question:

131 Deputy Pearse Doherty asked the Minister for Finance if he will provide a list of all the current members of the senior management team of Anglo Irish Bank. [31191/11]

Pearse Doherty

Question:

132 Deputy Pearse Doherty asked the Minister for Finance further to Parliamentary Question No. 24 of 5 October 2011, if he will name the 22 persons who remain at Anglo Irish Bank from the 50 most senior persons employed pre-nationalisation; and if he will make a statement on the matter. [31192/11]

Pearse Doherty

Question:

133 Deputy Pearse Doherty asked the Minister for Finance if he will confirm that a person (details supplied) is currently an employee at Anglo Irish Bank; if he will detail the positions held by this person on the night of the nationalisation of Anglo Irish Bank, the day after the nationalisation of the bank and and currently within the bank; and if he will make a statement on the matter. [31193/11]

I propose to take Questions Nos. 131 to 133, inclusive, together.

As the Deputy is aware the Board of the bank is responsible for the day to day operation of the bank, including the appointment of and assignment of staff within the bank. I have no direct function in this regard. The bank has informed me that it is constrained under the provisions of the Data Protection Acts from disclosing the personal details of employees of the bank when a question or series of questions would require the disclosure of personal data of individual employees.

As already indicated my approval, as Minister, is required in relation to the appointment of and terms and conditions of employment of senior management at the bank. I can confirm, in the interests of clarity, that no member of the current senior management team reported directly to the former CEO at the bank prior to nationalisation.

The current members of the senior management team of IBRC are:

Mike Aynsley — Group Chief Executive Officer;

Jim Bradley — Chief Financial Officer;

Gary Marshall — Chief Operating Officer;

Peter Rossiter — Chief Risk Officer;

Lizanne White — Chief Legal Officer;

Tom Hunersen — Group Executive — Corporate and Institutional Recovery;

Richard Woodhouse — Specialised Asset Management;

Mark Layther — Recovery Management Ireland;

Jim Brydie — Recovery Management UK;

John McGloughlin — Group Executive — Investment and Loan Servicing.

Question No. 134 answered with Question No. 125.

Tax Collection

Seán Kenny

Question:

135 Deputy Seán Kenny asked the Minister for Finance the number of licensed premises that were audited for tax compliance annually since 2006; the number found to be non-compliant; and if he will make a statement on the matter. [31308/11]

I am advised by the Revenue Commissioners that the number of audits carried out in relation to licensed premises in each of the years 2007 to 2011 (to August), and the related yield across all tax heads, business and personal, is as follows:

2007 — 314 — €11.5m [ 210 yielding/67%];

2008 — 327 — €11.5m [ 242 yielding/74%];

2009 — 307 — €15.7m [230 yielding/75%];

2010 — 285 — €7.6m [207 yielding/73%];

2011 (to August) — 194 — €4.7m. [143 yielding/74%].

Yielding cases includes cases where there was no cash yield but reliefs and losses were restricted. The proportion of yielding cases is in line with Revenue's risk based audit programme.

These statistics are compiled based on cases with a NACE Code of 5540. NACE Code 5540 is a classification that encompasses licensed bars, licensed premises and licensed vintners. The above statistics do not include audits carried out on hotels, restaurants and off-licences.

I am further advised by the Revenue Commissioners that the operators of licensed premises are controlled and monitored for tax compliance purposes in the same way as taxpayers in all other sectors. Operators of licensed premises, like all taxpayers, are obliged to make accurate returns under the self-assessment system and are liable to Revenue audit in the normal way. I am assured by Revenue that the audit of licensed premises is an ongoing aspect of their work.

The main focus of Revenue continues to be on selecting cases for intervention based on the presence of various risk indicators and other information available. This is the type of targeted intervention that gets best results and that is most likely to change the behaviour of the taxpayer into the future. The targeted approach is greatly enhanced by the computerised Risk Evaluation Analysis and Profiling System (REAP) developed by Revenue. This system categorises taxpayers in accordance with defined risk criteria. The system allows for the screening of all tax returns against sectoral and business norms and provides a selection basis for checks or audits. This effectively means that 100% of self-assessed taxpayers are risk-assessed a number of times a year. REAP contains considerable information on all self-assessed taxpayers, including operators of licensed premises.

Tax Code

Shane Ross

Question:

136 Deputy Shane Ross asked the Minister for Finance his views on whether the curtailment of property reliefs will have a detrimental effect on those who have invested in properties; his plans to support those persons who were encouraged to invest under the promise of such reliefs; and if he will make a statement on the matter. [31310/11]

As the Deputy is aware my Department is carrying out an impact assessment of the potential effects of amending, curtailing and/or abolishing property-based "legacy" tax reliefs in line with the commitment in the Programme for Government. The impact assessment process is examining the benefits that may accrue to the Exchequer in terms of additional tax yield as well as consequences for investor groups and the wider economy arising from possible changes to the treatment of these reliefs. The assessment process included a public consultation, which afforded all interested parties an opportunity to present their views and, resulted in the submission of over 700 individual responses.

The response to the consultation is currently being appraised in tandem with research conducted as part of the overall impact assessment. It is anticipated that the analysis of the submissions along with the results of the impact assessment process will be available for consideration in the context of the forthcoming budget.

As is customary, I do not propose to comment in advance of the Budget on any matters that might be the subject of Budget decisions.

Question No. 137 answered with Question No. 111.

Bank Assets

Peter Mathews

Question:

138 Deputy Peter Mathews asked the Minister for Finance further to Parliamentary Question No. 39 of 13 October 2011, the reasons the courts could refuse to approve the transfer of an asset or liability of a relevant institution to another institution; and if he will make a statement on the matter. [31460/11]

Part 5 of the Credit Institutions (Stabilisation) Act 2010 ("CIS Act") provides power to the Minister for Finance to transfer assets and/or liabilities of a "relevant institution" i.e., an institution within the scope of the CIS Act to another institution subject to the approval of the Court. Part 5 of the Central Bank and Credit Institutions (Resolution) Act 2011 provides similar powers to the Central Bank in relation to the assets and/or liabilities of an "authorised credit institution" i.e., an institution within the scope of the 2011 Act to another institution subject to the approval of the Court. The Court would of course consider each case on its merits. It is not the role of the Minister to speculate on the way in which the Court would exercise its statutory functions. However I can highlight a number of provisions of the legislation that are pertinent, which may be of assistance to the Deputy. Section 34 of the CIS Act provides that once the procedures in section 33 of the Act in relation to a proposed transfer order have been completed, the Minister shall apply to the High Court for a transfer order. Section 34 (2) provides that if the Court is satisfied that the requirements of section 33 have been complied with and that the opinion of the Minister under section 33(2) was reasonable and not vitiated by any error of law, it shall make a transfer order on the terms of the proposed transfer order. Section 34 (5) provides that the Court may make a transfer order on terms varied or amended from those in the Minister’s proposed order where the Court is satisfied that (a) there has been non-compliance with any of the requirements of section 33 or that the opinion of the Minister under section 33(2) was unreasonable or vitiated by an error of law, (b) it would be appropriate to do so, and (c) to do so is necessary for any purpose of the Act.

Subsection 33(2) stipulates that the Minister may make a proposed transfer order only if, having consulted with the Governor of the Central Bank, the Minister is of the opinion that, having regard to any adverse consequences that may arise as a result of the transfer order, in relation to the interests generally of the creditors of the transferor or, where the transferor is a subsidiary or holding company, in relation to the interests generally of the creditors of the transferor or the relevant institution concerned, making a transfer order in the terms of the proposed transfer order is necessary to secure the achievement of a purpose of the Act specified in the transfer order. Subsection 33(2A) provides that nothing in subsection 33(2) requires the Minister to consider the possible adverse consequences of the transfer order concerned on the interests of a particular creditor or class of creditors of the transferor or relevant institution, as the case may be, or to consider any submission made by a creditor on behalf of that creditor, a class of creditor or creditors generally. The Deputy may also wish to note that section 36(1) of the CIS Act provides that the relevant institution which is the subject of a transfer order, or a member of it, may apply to the High Court, within a specified period, to have a transfer order set aside. Sections 36(3) and 36(4) provide that, on an application under section 36(1), if it is satisfied that there has been non-compliance with any of the requirements of section 33 (proposed transfer orders) or that the opinion of the Minister under section 33(2) was unreasonable or vitiated by an error of law the Court will set aside the transfer order or, if the Court is satisfied that it would be appropriate to do so, having regard to any report referred to in section 34(3) [i.e., a report prepared by the Central Bank] and that to do so is necessary to achieve any purpose of the Act, make an order varying or amending that order in the manner it considers appropriate.

Part 5 of the Central Bank and Credit Institutions (Resolution) Act 2011 contains similar provisions to those outlined above.

Tax Collection

Michael Healy-Rae

Question:

139 Deputy Michael Healy-Rae asked the Minister for Finance if a person (details supplied) will be entitled to a refund of the universal social charge; and if he will make a statement on the matter. [31486/11]

The Universal Social Charge (USC), which came into effect on 1 January 2011, is a tax payable on gross income (after any relief for certain trading losses and capital allowances, but before pension contributions). An individual is liable to pay the USC if his/her gross income exceeds the threshold of €4,004 per annum. USC is not levied on payments from the Department of Social Protection. For 2011, the rates are:

2% on the first €10,036;

4% on the next €5,980;

7% on the balance.

Currently, the USC is calculated on a pay period by pay period basis. This means that, where an individual's income from employment exceeds €77 per week, the employer will compute and deduct USC from the gross income due to the employee. The rate at which it is deducted will depend on the gross income payable for that week.

Where USC has been deducted and, either, the individual's gross income is below the threshold amount, or, the USC should have been charged at a lower rate, an overpayment will arise.

If after the end of the year the taxpayer, who is the subject of the question, believes they have overpaid USC, they should contact their local Revenue office for a review of their USC deductions. Following such review, any amount overpaid will be refunded to the taxpayer.

Tax Code

John Lyons

Question:

140 Deputy John Lyons asked the Minister for Finance following the publishing of a report (details supplied), his plans to increase the tax on cigarettes in budget 2012; and if he will make a statement on the matter. [31500/11]

As the Deputy will be aware, taxes are considered in the context of the Budget process. It is the usual practice for the Minister for Finance not to speculate in advance of a Budget on what it will contain; and I do not propose to deviate from that practice.

Departmental Expenditure

Billy Kelleher

Question:

141 Deputy Billy Kelleher asked the Minister for Finance the total expenditure in 2010 on ICT, including staff costs, support and maintenance services, hardware, software and external resources such as consultancies, contractors and external service providers and all agencies under the aegis of his Department. [31518/11]

The total expenditure in 2010 on ICT including staff costs, support and maintenance services, hardware, software, and external resources including consultancies, contractors and external service-providers was €1,557,473. The cost breakdown was as follows:

Staff Costs €745,075;

Support and Maintenance €164,058;

Hardware €351,520;

Software €62,360;

Contractors and External Service-Providers €234,460.

There was no expenditure on external resources (including consultancies).

It has not been possible to collate the data on the agencies as requested in the time available. I will however supply the data to the Deputy as soon as possible.

Budget Submissions

Michael Healy-Rae

Question:

142 Deputy Michael Healy-Rae asked the Minister for Finance his views on a pre-budget submission regarding an increase in the price of cigarettes; and if he will make a statement on the matter. [31529/11]

As the Deputy will be aware, taxes are considered in the context of the Budget process. It is the usual practice for the Minister for Finance not to speculate in advance of a Budget on what it will contain; and I do not propose to deviate from that practice.

Question No. 143 withdrawn.

Departmental Agencies

Mary Lou McDonald

Question:

144 Deputy Mary Lou McDonald asked the Minister for Education and Skills if he will provide the following information regarding the agencies operating under the aegis of his Department (details supplied); the number of whole time equivalent staff; the number of board members; the chairperson and board members respective remuneration packages; the annual wage bill; and the amount of central funding provided to the agency inclusive of wage bill [30743/11]

Information is provided in the table that follows this reply in respect of certain bodies currently under the aegis of my Department. The information relates to WTE Staff (as of 3rd Quarter 2011); Number Board Members (current); Board Members Remuneration Fees (per annum); Annual Wage Bill (2010); and Funding either provided through the Department (2010). In relation to a number of the bodies listed by the Deputy that have been excluded from the attached table she should note that both the Inspectorate and the National Educational Psychological Service (NEPS) are integral parts of my Department and are not separate bodies; the National Education Welfare Board (NEWB) is now under the aegis of the Minister for Children and Youth Affairs; from September 2011, the National Centre for Technology in Education (NCTE) is no longer an aegis body of the Department but is within the remit of Dublin West Education Centre alongside the Department's largest support service, the Professional Development Service for Teachers (PDST); the Dublin Institute for Advanced Studies, the Royal Irish Academy and the Royal Irish Academy of Music are not considered to be bodies under the aegis of my Department but instead are deemed to have the same ‘status' as the universities and ITs and as such are considered part of the Higher Education sector; and the Commission on School Accommodation Needs has been abolished and the staff retired. Any work it did is now done by the Department.

Agency Name

WTE Staff (3rd Qtr 2011)

Number Board Members (current)

Board Members Remuneration Fees (per annum)

Annual Wage Bill (2010) (€000s)

Funding provided through the Department (2010) (€000s)

Chomhairle um Oideachais Gaeltachta agus Gaelscolaíochta (COGG)

3

21

Nil

214

1,715

Commission to Inquire into Child Abuse (CICA)

6.8 (see note 1)

6

See Note 1

419

2,261

Education Finance Board

3.8 (see note 2)

9

Nil

See Note 2

See Note 2

FÁS

1,897.48

11

Chairperson: €20,520 Ordinary Members: €11,970

108,811

666,8981

Further Education and Training Awards Council (FETAC)

36

14

Nil

2,799

5,200

Grangegorman Development Agency

7

15

Chairperson: €8,978 Ordinary Members: Nil

482

1,357,055

Higher Education and Training Awards Council (HETAC)

27.8

15

Nil

2,221

1,3002

Higher Education Authority

52.2

19

Chairperson: €11,970 Ordinary Members: €7,695

3,157

5,5003

Irish Research Council for Science, Engineering and Technology (IRCSET)

5

14

Nil

303

21,8004

Irish Research Council for the Humanities and Social Science (IRCHSS)

4.6

11

Nil

321

11,200

Léargas Ltd — The Exchange Bureau

31.4

5

Nil

2,239

1,195

National Centre for Guidance in Education (NCGE)

6

11

Nil

365

659

National Council for Curriculum and Assessment (NCCA)

22.8

25

Nil

1,862

3,837

National Council for Special Education (NCSE)

108.6

13

Nil

6,031

8,216

National Qualifications Authority of Ireland (NQAI)

22.8

11

Nil

1,496

2,438

Residential Institutions Redress Board (RIRB)

28.5 (See note 3)

11

See Note 3

1,374

43,193

Residential Institutions Review Committee (RIRC)

See Note 3

6

See Note 3

Incorporated into RIRB figures above

Skillnets Ltd.

19

12

Chairperson: €8,978 Ordinary Members: €5,985

1,494

14,3305

State Examinations Commission (SEC)

196.896

5

Chairperson: €11,970 Ordinary Members: €7,695

45,579

54,2867

The Teaching Council8

30.5

37

Nil

1,900

Not Applicable

1Funding provided from 1 May 2010, when responsibility transferred to the Department of Education and Skills.

2While HETAC’s allocation from the Exchequer in 2010 came to €1.3m they also received approximately €1.9m in fee income. They receive fees from their providers (e.g. ITs, private providers etc) in respect of the wide range of services they provide, such as validation of programmes, certification etc.

3This figure relates only to the administrative costs of running the Higher Education Authority.

4Figures provided for both of the Irish Research Councils (IRCSET & IRCHSS) relate primarily for research scholarships.

5Skillnets Ltd is funded through the National Training Fund.

6SEC WTE figure includes 45 temporary staff as of 30/09/2011.

7This figure for the SEC is net of income from fees.

8The Teaching Council has been self-financing since March 2009.

Note 1: Staffing in the Commission comprises of 6.8 WTE, 3 are full-time civil servants and 3.8 whole time equivalents are on temporary contracts.

Note 2: Staffing of the EFB comprises 3.8, 1.8 of which are secondments from the City of Dublin VEC and 2 are on fixed-term contracts. The operation of the Education Finance Board is funded by €12.7 million of the original contribution made by the religious congregations under the Indemnity Agreement for educational support for former residents and their families. The only financial contribution that the Department has made to the EFB relates to monies paid in respect of Travel and Subsistence due to some Board Members.

Note 3: Ordinary board members of both the RIRB and RIRC are paid a per diem rate which is currently €668 per day (with pension abatement rules applying were appropriate). The Chairperson of the RIRC is in receipt of a Supreme Court judge's pension. His salary by the Department taking into account pension abatement has been voluntarily reduced. The chairperson of the RIRB who is a member of the Judiciary retains his judicial salary. The Redress Board avails of the services of an additional legal secretary up to one WTE per annum via an employment agency. Her salary is not included in the annual wage bill. The Review Committee has the services of an administrative assistant via an employment agency and also has the services of 0.7 WTE registrar post involving two staff.

Schools Refurbishment

Question:

145 Deputy Michael P. Kitt asked the Minister for Education and Skills the position regarding grants on minor works in first level and second level schools; and if he will make a statement on the matter. [30753/11]

No decisions have yet been taken regarding the payment of the primary school minor works grant in the current school year. Payment last issued in November 2010 in respect to the school year 2010-11. Since its inception, the minor works grant issued only to primary schools.

Departmental Agencies

Mary Lou McDonald

Question:

146 Deputy Mary Lou McDonald asked the Minister for Education and Skills if he will provide a list of all non-commercial State agencies under the aegis of his Department. [30781/11]

The following non-commercial State agencies are under the aegis of my Department: FÁS, the Further Education and Training Awards Council (FETAC), the Higher Education and Training Awards Council (HETAC), the Higher Education Authority (HEA), the Grangegorman Development Agency, Léargas Limited (the Exchange Bureau), the National Council for Curriculum and Assessment (NCCA), the National Council for Special Education (NCSE), the National Qualifications Authority of Ireland (NQAI), Skillnets Limited, State Examinations Commission (SEC) and the Teaching Council. The NCCA, the NCSE and the SEC are classified as Civil Service agencies.

FÁS Training Programmes

Robert Dowds

Question:

147 Deputy Robert Dowds asked the Minister for Education and Skills the measures FÁS has put in place to enable person (details supplied) in Dublin 22 and approximately 20 young persons currently receiving work experience with Dublin City Council to finish their carpentry apprenticeships after the period covered by FÁS, which ends on 1 December 2011, which will leave them short of the work experience period needed for qualification by between ten and 20 weeks. [30812/11]

My Department contacted FÁS about the apprenticeship status of the person in question. FÁS has advised that this person is a redundant Carpentry and Joinery apprentice. In order to qualify as a craftsperson, a Carpentry and Joinery apprentice must be employed by a FÁS-approved employer and complete all seven alternating on-the-job and off-the-job phases of his/her apprenticeship, which is a minimum of four years (208 weeks) in duration from the date of registration, as well as achieving the qualifying standard throughout their apprenticeship. The economic downturn has resulted in many apprentices being unable to complete their apprenticeships in the normal manner. However, FÁS has introduced a range of initiatives to allow apprentices complete their apprenticeships without undermining the integrity of the apprenticeship system. The Redundant Apprentice Scheme (RAPS) and the Competency Determination Mechanism (CDM) are two such initiatives. The RAPS allows redundant apprentices to complete the on-the-job phases of their apprenticeship. The CDM has been introduced by FÁS to enable eligible redundant apprentices to complete their apprenticeships, if they are short of the minimum time requirements.

I understand that FÁS placed the person in question on the RAPS with Dublin City Council. I understand he has successfully completed the equivalent Phase 5 (26 weeks) of his apprenticeship with Dublin City Council and is currently on the equivalent Phase 7 (12 weeks) of his apprenticeship with Dublin City Council. He is scheduled to complete his participation on RAPS on 2 December 2011. The person requires an additional 11 weeks of employment to officially complete his apprenticeship. He will be eligible to participate in the CDM. FÁS has advised that in order to progress apprentices through CDM, it is imperative to operate a transparent and equitable scheduling system for eligible apprentices. The FÁS CDM scheduling system is designed to call eligible apprentices on a longest waiting basis. FÁS directly contacts eligible apprentices when their participation on RAPS is successfully completed and their apprenticeship status returns to ‘Redundant'. FÁS will offer the person in question an opportunity to participate in CDM when he successfully completes RAPS and his apprenticeship status returns to ‘Redundant' on a longest waiting basis.

Schools Refurbishment

Paudie Coffey

Question:

148 Deputy Paudie Coffey asked the Minister for Education and Skills the position regarding a devolved grant application in respect of a school (details supplied) in County Waterford; and if he will make a statement on the matter. [30816/11]

My Department is currently reconsidering an application for funding from the school referred to by the Deputy for the works in question. A decision will be conveyed to the school authority as soon as this process has been completed.

Schools Building Projects

Paudie Coffey

Question:

149 Deputy Paudie Coffey asked the Minister for Education and Skills the reasons a school building project has not been advanced in respect of a school (details supplied) in County Waterford despite being included in the school building programme 2009, 2010 and 2011 as being in the category of being ready to go for tender; the progress being made in relation to this application; and if he will make a statement on the matter. [30817/11]

The Deputy may be aware that the project to which he refers was tendered in 2009 and a preferred bidder (contractor) was identified to do the works. Unfortunately, a number of issues outside my Department's control delayed the progression of this project. However, I am pleased to inform the Deputy that most of these issues have now been resolved. Provided there are no further issues, it is intended that the project will be re-tendered in the coming months and could therefore be in a position to progress to construction in late 2012.

Site Acquisitions

Patrick O'Donovan

Question:

150 Deputy Patrick O’Donovan asked the Minister for Education and Skills the position regarding an application for regularisation of land at a location (details supplied) in County Limerick. [30820/11]

My Department is aware of the proposed land swap which will facilitate the future development of new changing rooms for the school referred to by the Deputy. My officials will make contact with the relevant legal personnel with a view to progressing the matter further.

School Staffing

Jim Daly

Question:

151 Deputy Jim Daly asked the Minister for Education and Skills the position regarding teaching posts at a school (details supplied) in County Cork; and if he will make a statement on the matter. [30827/11]

As the Deputy will be aware, the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers, for allocating teaching staff and Special Needs Assistants (SNAs) to special schools to support children with special educational needs. The NCSE operates within my Departments criteria in allocating such support. My Department's Circular 0042/2011 was issued in June this year to notify school management authorities of the staffing arrangements which would apply in special schools in the 2011-12 school year. The circular states that there are a small number of special schools which have significant excess teacher posts and that the NCSE may therefore contact such schools to review the individual circumstances in these schools. The circular indicated that the NCSE may suppress a post in schools which have excess teaching posts in order to create a post in a school which does not have excess posts and which has growing pupil numbers.

The special school referred to by the Deputy caters for pupils with severe or profound disability and ASD. The correct teacher allocation ratio for schools catering for children with severe and profound disability is 6:1. In 2010-11, the school had seven approved class teaching posts, three surplus teaching posts and 28 SNAs. The enrolment is 38 pupils, including nine children newly enrolled for September 2011. One of the surplus teachers retired at the end of the last school year and the school is not eligible for a replacement. A further surplus post has been withdrawn leaving the school with one surplus post above recommended staffing allocation levels. It is the position of both my Department and the NCSE that given the exceptionally high levels of teaching and support staff which have been allocated to the school, that notwithstanding the outcome of any review, the school has sufficient support within its overall allocation to enable it to provide for the teaching and care support requirements of all of the children enrolled to the school.

Charlie McConalogue

Question:

152 Deputy Charlie McConalogue asked the Minister for Education and Skills the number of primary schools that are in line to lose a development school teacher in this academic year; and if he will make a statement on the matter. [30828/11]

The criteria used for the allocation of teachers to schools is published annually on my Department's website. The key factor for determining the level of staffing resources provided at individual school level is the staffing schedule for the relevant school year and pupil enrolments on the previous 30 September. The staffing schedule for the 2011-12 school year was published on my Department's website in March 2011. While mainstream staffing for any school year is based on the previous September's enrolment, there is a provision whereby schools experiencing rapid increases in enrolment can apply for additional mainstream posts on developing grounds, using projected enrolment. The retention of such posts in the current school year is subject to schools having achieved their projected enrolment on 30 September. If the enrolment is not achieved, the post allocated on developing grounds is suppressed. The staffing schedule includes an appeals mechanism for schools to submit an appeal under certain criteria to an independent appeals board. Details of the criteria for appeal are contained in the staffing schedule, Circular 0019/2011. The primary staffing appeals board will consider appeals shortly, including those against the suppression of posts that were allocated on developing grounds. At that stage, the allocation process will be fully completed for all mainstream classroom teaching posts and those allocated on developing grounds. The appeals board operates independently of the Department and its decision is final.

Third Level Courses

Seán Crowe

Question:

153 Deputy Seán Crowe asked the Minister for Education and Skills if staff at University College Dublin were aware of the plans to downgrade the postgraduate diploma in education from level 9 to level 8 when students were applying for entry to the course through the postgraduate applications centre in 2010 for entry in 2011. [30829/11]

Seán Crowe

Question:

154 Deputy Seán Crowe asked the Minister for Education and Skills his views on the views of students who believe they have been misled when enrolling in the level 9 postgraduate diploma in education in University College Dublin when plans were in place to downgrade the exam to level 8; and if he will make a statement on the matter. [30830/11]

Seán Crowe

Question:

158 Deputy Seán Crowe asked the Minister for Education and Skills the reason the decision was taken to downgrade the postgraduate diploma in education at University College Dublin from level 9 to level 8; the reason this decision imposed on students after they had enrolled in the course and paid registration fees; and his views on students affected by this decision and who feel the course they are studying has been badly devalued. [30925/11]

I propose to take Questions Nos. 153, 154 and 158 together.

Universities are autonomous institutions within the meaning of the Universities Act 1997. My Department does not have any function in relation to their academic affairs, including decisions concerning course provision or consultation processes with students or staff members. I understand that following detailed consultation between the Irish universities and the National Qualifications Authority of Ireland in the context of the ongoing process of implementing the National Framework of Qualifications, the universities have agreed that the initial post-primary teaching qualification, hitherto known as the Higher Diploma in Education and latterly as the Graduate or Postgraduate Diploma in Education, is to be formally included in the National Framework of Qualifications at Level 8 with immediate effect. The universities and the National Qualifications Authority of Ireland have issued a joint communication with further information on the context for the decision. That statement is available at www.nqai.ie/documents/ProfessionalDiplomainEducationcommunication.pdf.

Departmental Agencies

Mary Lou McDonald

Question:

155 Deputy Mary Lou McDonald asked the Minister for Education and Skills if all non-commercial State agency employees under his Department’s aegis are paid directly from the Exchequer. [30886/11]

Employees of all non-commercial State agencies under the aegis of my Department are paid directly from the Exchequer with the exception of the Teaching Council and Skillnets Ltd.

The Teaching Council has been self-financing since March 2008 while Skillnets Ltd staff members are paid from an annual financial allocation made by my Department from the National Training Fund (NTF).

Vocational Education Committees

Dara Calleary

Question:

156 Deputy Dara Calleary asked the Minister for Education and Skills when higher education grants in respect of persons (details supplied) currently with County Mayo Vocational Education Committee will be processed; and the amount that each applicant will be awarded. [30900/11]

The processing of student grants is carried out by local grant awarding authorities — VECs and local authorities.

In this case, the students in question should contact County Mayo VEC to ascertain the position with their applications. As the processing of grant applications is carried out by local grant awarding authorities, the Deputy will appreciate that it would not be possible for me to say if a student would qualify for a grant or what level of grant they might be entitled to.

Community Development

Patrick O'Donovan

Question:

157 Deputy Patrick O’Donovan asked the Minister for Education and Skills his views on whether there are impediments to national schools being used by communities for local events. [30903/11]

I can confirm to the Deputy that my Department has a general policy of encouraging the use of school facilities by community and other groups. In 2005, my Department issued a circular letter to all primary school authorities urging them to make their facilities available, where possible, for community and recreation purposes. Any proposal for the use of school facilities outside of normal school hours must be approved by the local school management authority in the first instance and where appropriate, arrangements are put in place to reimburse the school for any additional expenditure incurred by the school associated with such usage.

Question No. 158 answered with Question No. 153.

Vocational Education Committees

Robert Troy

Question:

159 Deputy Robert Troy asked the Minister for Education and Skills if he will advise of his future proposals for the vocational education committee offices in County Longford; and if he will consider opening a sub-office for the new amalgamated Longford Westmeath VEC at this location. [30945/11]

Robert Troy

Question:

160 Deputy Robert Troy asked the Minister for Education and Skills if he will be seeking any redundancies following the amalgamating of Longford and Westmeath vocational education committees. [30946/11]

I propose to take Questions Nos. 159 and 160 together.

In determining Mullingar as a headquarter location, I was aware that both Co. Westmeath and Co. Longford VECs are very closely matched. However, I am satisfied that geographically Mullingar is the most favourable location for the headquarters. I expect that headquarters staff of Co. Longford VEC will move to the designated headquarters location in Mullingar as soon as feasible, although, a sub-office will be maintained in Longford for the immediate term in order to facilitate an orderly merger. The detail in relation to the use or disposal of existing property interests in Longford, following the move of staff to the newly designated headquarters in Mullingar, will be worked through by my Department in conjunction with the VECs involved and the new merged body when established.

Staff employed in the VEC headquarters are public servants and under the terms of the Croke Park agreement, such staff employed in a permanent capacity cannot be made compulsorily redundant. However, surplus staff may be redeployed. In common with all areas of the public service, VECs are subject to an Employment Control Framework (ECF). This places an upper limit on the number of staff which a public service organisation can have. Both VECs have each been set ECF targets to be achieved by the end of 2011. Redeployment arrangements to bring about the staffing reductions required to meet ECF limits will be agreed in accordance with the principles of the Croke Park agreement and will involve the unions representative of the grades concerned.

Departmental Bodies

Brendan Griffin

Question:

161 Deputy Brendan Griffin asked the Minister for Education and Skills if he will confirm that the establishment of Qualifications and Quality Assurance Ireland under the Qualifications and Quality Assurance (Education and Training) Bill 2011 will result in significant savings both to the colleges in comparison to their previous financial outlays to the IQUB, Higher Education and Training Awards Council and Further Education Training and Awards Council and to the State in terms of previous commitments; and if he will make a statement on the matter. [30953/11]

Many education and training providers currently incur fees in the course of their interactions with IUQB, HETAC, FETAC and the National Qualifications Authority of Ireland (NQAI). For example, HETAC and FETAC both charge award fees and HETAC charges providers a fee for programme validation and for agreement of quality assurance procedures. Universities, together with the Higher Education Authority, currently fund the IUQB, and so contribute to the cost of their external quality assurance. NQAI, through ACELS, charges an annual fee for recognition/renewal of recognition for English Language Schools and fees for inspections.

The Qualifications and Quality Assurance (Education and Training) Bill enables fees be charged in relation to the following functions of the Qualifications and Quality Assurance Authority of Ireland (QQAAI):

Submission and review of quality assurance procedures;

Application for, and review of, validation by QQAAI of a programme;

The making of an award;

Request for, and review of, delegation of authority;

Submission and review of procedures for access, transfer and progression of learners;

Authorisation to use the International Education Mark;

Review of compliance with the Code of Practice on international education, and use of the International Education Mark;

Lodging an appeal.

The services for which fees will be charged and the level of those fees have not yet been determined. The payment of fees to qualifications and quality assurance bodies is part of broader overall compliance and service costs to providers. There will be savings for providers who currently deal with more than one of the existing bodies and incur costs in complying with currently divergent policies and procedures.

The establishment of QQAAI will result in savings to the Exchequer. It should be noted that NQAI, HETAC and FETAC have already delivered very significant savings since the announcement of the amalgamation in October 2008 through implementation of the moratorium and through expenditure reduction across their range of activities. The bodies' exchequer allocation for current expenditure in 2011 (€8.823m) is approximately 30% lower than outturn in 2008. Further savings to the Exchequer of €1 million per annum will be achieved over time through further staff reductions in accordance with the Employment Control Framework, through rationalised corporate structures and supports and through integration of services.

Departmental Expenditure

Anne Ferris

Question:

162 Deputy Anne Ferris asked the Minister for Education and Skills if he will provide details for the years 2006 to 2011, inclusive, of the arrangements entered into by him, any body under his aegis or State agency for which he has responsibility for the obtaining of advice from a senior or junior counsel and or a firm of solicitors; the subject matter for which advice was sought; the names of the barristers and solicitors firms concerned and the fees paid; the nature of the work concerned; if in each case the matter was advertised for competitive tender and if not, the reason; and if he will make a statement on the matter. [30966/11]

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

Schools Building Projects

Patrick O'Donovan

Question:

163 Deputy Patrick O’Donovan asked the Minister for Education and Skills the position regarding an application for funding made by a school (details supplied) in County Limerick. [30981/11]

The major building project for the school referred to by the Deputy is currently at an early stage of architectural planning. The Design Team are currently working on the Stage 2a submission (Developed Sketch Design). When this submission is received, it will be reviewed in my Department and my officials will then be in contact with the Board of Management of the school with regard to the further progression of the project.

School Accommodation

Patrick O'Donovan

Question:

164 Deputy Patrick O’Donovan asked the Minister for Education and Skills the position regarding an application for funding in respect of a school (details supplied) in County Limerick; and if he will make a statement on the matter. [30995/11]

The school referred to by the Deputy was allocated devolved funding for the provision of a mainstream classroom under my Department's Additional Accommodation Scheme in 2010. The school authorities recently sought additional funding towards this building project. My Department's Planning and Building Unit has sought further clarification from the school authority and this information is currently awaited. As soon as the information is received a final decision will be communicated to the school authority.

Departmental Funding

Brendan Smith

Question:

165 Deputy Brendan Smith asked the Minister for Education and Skills if he has received the report on funding requirements for the higher education sector from the Higher Education Authority; if he will commit to publishing this report ahead of the budget in December; and if he will make a statement on the matter. [30997/11]

Brendan Smith

Question:

166 Deputy Brendan Smith asked the Minister for Education and Skills when he will make a decision on the recommendations in the Higher Education Authority report on third level funding; if any of these recommendations will be included in Budget 2012; and if he will make a statement on the matter. [30998/11]

I propose to take Questions Nos. 165 and 166 together.

The Higher Education Authority is finalising a report on the sustainability of the existing funding framework for higher education, and I expect to receive it shortly. It is intended that this report will inform consideration by Government of policy options in relation to future funding of the sector. However, I am unable to comment further until I have received and considered the report's findings.

Third Level Fees

Brendan Smith

Question:

167 Deputy Brendan Smith asked the Minister for Education and Skills if he will commit to no further increases in the student contribution fee in budget 2012; and if he will make a statement on the matter. [30999/11]

As the Deputy will be aware, my colleague, the Minister for Public Expenditure and Reform, is undertaking a Comprehensive Expenditure Review across all areas of Government spending. This process will inform budgetary allocations for the coming years. In this context, the Deputy will appreciate that I am not presently in a position to comment on specific areas of expenditure within my Department.

Schools Building Projects

John Halligan

Question:

168 Deputy John Halligan asked the Minister for Education and Skills the time frame regarding the construction of permanent structures for schools when the project has been moved on to the architectural planning stage; the position regarding a school (details supplied) in County Waterford that was informed that the project has been moved on to the architectural planning stage early in 2011 and which was subsequently visited by his Department in May 2011 and assured at the time that its development would be put forward for tender within weeks, the school is still awaiting a response; the reason for the delay in the architectural department; if there are procedures now in place to streamline the process; and if he will make a statement on the matter. [31011/11]

The school referred to by the Deputy was included in the School Building Works Programme announced early in 2011, for completion of the brief and subsequent appointment of a design team. The brief for the project was concluded earlier this month and the project is now ready for the commencement of a tender process for the appointment of a design team.

The tender process for appointment of a design team usually takes between 4 to 6 months following publication of the invitation to tender. My Department will shortly be in touch with the school regarding the commencement of this process.

Departmental Expenditure

Mary Lou McDonald

Question:

169 Deputy Mary Lou McDonald asked the Minister for Education and Skills the annual cost of the licensed payroll system, CorePay annual, to his Department. [31055/11]

In 2010, payments by my Department in respect of the Corepay system amounted to €209,474. This system is used to pay school employees and pensioners, staff working in my Department, the State Examinations Commission, the Commission to Inquire into Child Abuse, the Residential Institutions Redress Board and Chomhairle um Oideachas Gaeltachta agus Gaelscolaíochta.

Special Educational Needs

Patrick Deering

Question:

170 Deputy Pat Deering asked the Minister for Education and Skills when a school (details supplied) in County Kilkenny will be allocated sufficient funding to facilitate the needs and rights of a person in County Carlow. [31079/11]

I have arranged for the information provided by the Deputy to be forwarded to the National Council for Special Education (NCSE) for their attention and direct reply. The Deputy may be aware that the NCSE through its network of local Special Educational Needs Organisers (SENOs), is responsible for processing applications from schools for special educational needs supports. The NCSE operates within my Department's criteria in allocating such support.

The SENOs co-ordinate special needs education provision at local level and arrange for the delivery of special educational services. They act as single points of contact for parents of students with special educational needs. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

Site Acquisitions

Gerald Nash

Question:

171 Deputy Gerald Nash asked the Minister for Education and Skills the position regarding planning for the development of a new primary school (details supplied) in the Ardee area of County Louth; and if he will make a statement on the matter. [31156/11]

My Department has recently received an application for a permanent school building from the school referred to by the Deputy. The school is currently in temporary accommodation and the acquisition of a new site is required to construct a new school.

The draft Local Area Plan for the town in which the school is located includes provision for the reservation of a site for a new primary school in the town. The suitability of this site will need to be assessed and my Department has made initial contact with the relevant land owner regarding this site.

The acquisition of a suitable site and the provision of a new school will be considered in the context of existing commitments and other competing demands on the Department's capital budget.

School Accommodation

Gerald Nash

Question:

172 Deputy Gerald Nash asked the Minister for Education and Skills the details of the number of schools who are housed in rented accommodation who received summer works grants and emergency works grants in 2010; and if he will make a statement on the matter. [31157/11]

My Department is not generally a party to individual leases for rented accommodation and would not have the details of how repair and maintenance works are carried out to accommodation rented by individual Boards of Management. It is normally envisaged that landlords would be responsible for the repair and upkeep of rented school accommodation. Therefore schools in rented accommodation do not qualify for funding under my Department's Summer Works Scheme or Emergency Works Scheme and this is outlined in these schemes.My Department is currently developing a template contract to ensure that these type of issues will be clearly agreed in future leases.

If an application for funding is received from a school housed in rented accommodation that application would be considered based on the lease in place between the landlord and the school authority.

Bullying in Schools

Ann Phelan

Question:

173 Deputy Ann Phelan asked the Minister for Education and Skills if he will give a written report on the way a formal complaint made by a parent about a teacher bullying a child will be resolved in view of the fact that a person has spent three years and has made contact with the school, board of management, the Ombudsman for Children, Health Service Executive social work department, Five Rivers Ireland and has received no satisfactory result; and the way he proposes to deal with these cases. [31172/11]

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.

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.

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. If a parent has a complaint about a teacher or about the school, the first step is to speak to the class teacher, if the complaint is not resolved, the parent should then speak to the school principal. If the complaint is not resolved at this stage the parent can lodge the complaint in writing with the chairperson of the school's Board of Management/Single Manager/VEC.

If the parent has exhausted the school's complaints procedure and the complaint has not been resolved, the parent can make an appeal to the Ombudsman for Children. 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.

I understand that the complaint in question has been referred to the Ombudsman for Children's office. 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

Higher Education Grants

John O'Mahony

Question:

174 Deputy John O’Mahony asked the Minister for Education and Skills the number of applications received for higher education grants in Galway Vocational Education Committee for 2011-12; the number of applications processed to date; and if he will make a statement on the matter. [31253/11]

John O'Mahony

Question:

175 Deputy John O’Mahony asked the Minister for Education and Skills the number of applications received for higher education grants in County Leitrim Vocational Education Committee for 2011-12; the number of applications processed to date [31254/11]

John O'Mahony

Question:

176 Deputy John O’Mahony asked the Minister for Education and Skills the number of applications received for higher education grants in County Mayo Vocational Education Committee for 2011-12; the number of applications processed to date; and if he will make a statement on the matter. [31255/11]

John O'Mahony

Question:

177 Deputy John O’Mahony asked the Minister for Education and Skills the number of applications received for higher education grants in County Roscommon Vocational Education Committee for 2011-12; the number of applications processed to date; and if he will make a statement on the matter. [31256/11]

John O'Mahony

Question:

178 Deputy John O’Mahony asked the Minister for Education and Skills the number of applications received for higher education grants in County Sligo Vocational Education Committee for 2011-12; the number of applications processed to date; and if he will make a statement on the matter. [31257/11]

I propose to take Questions Nos. 174 to 178, inclusive, together.

The details requested by the Deputy are contained in the following table:

Awarding Body

Number of new applications received

*Total number of applications processed

Sligo VEC

1,050

820

Co Galway VEC

1,873

995

City of Galway VEC

533

363

Leitrim VEC

412

364

Mayo VEC

1,489

493

Roscommon VEC

736

736

The information has been supplied to the Department by the Vocational Education Committees concerned and refers to week ending 7.10.11. Information from Leitrim refers to week ending 21.10.11

* This includes the number of grants awarded, refused, cancelled, transferred to another awarding authority or where further information or documentation has been requested from the student.

Higher Education Grants

Éamon Ó Cuív

Question:

179 Deputy Éamon Ó Cuív asked the Minister for Education and Skills when a decision will be given on an appeal regarding the refusal of a third level grant to a person (details supplied) in County Galway; and if he will make a statement on the matter. [31280/11]

The appeal to which the Deputy refers was received in my Department on 7th October 2011. The outcome will issue as soon as a review of the case has been completed.

Home-School Liaison Scheme

Marcella Corcoran Kennedy

Question:

180 Deputy Marcella Corcoran Kennedy asked the Minister for Education and Skills if he will review a case regarding an overpayment of a home tuition grant calculated and paid by his Department in respect of a person (details supplied); and if he will make a statement on the matter. [31298/11]

Applications under the Home Tuition scheme are made to my Department by the person in whose care the child is at the time of application through their local office of the National Educational Welfare Board. In this case the National Educational Welfare Board informed my Department that home tuition was being sought for a child at primary level. My Department approved the home tuition as sought. The tutor is engaged by the person whose application has been approved. The grant is claimed in arrears by the approved person. The level of the grant is based on the number of hours of tuition provided and a rate of pay which is based on the tutor's registration status with the Teaching Council and their qualifications. Two rates of pay apply a standard rate where the tutor is both registered with the Teaching Council and qualified at the level at which the application for tuition has been made, i.e. primary or post-primary. A lower modified rate applies where the tutor does not satisfy both of these requirements. My Department inadvertently paid the home tuition grant at the post-primary standard rate and not at the modified rate. When this administrative error was identified my Department wrote to the person in whose care the child was at the time to notify them of what had happened and advising them of the arrangements for this overpayment to be recovered by offsetting it against subsequent grant payments in this case. A copy of this letter was also circulated to the tutor. My Department is satisfied that at this stage there is no overpayment or underpayment of the total amount of grant payment for this child's home tuition.

School Accommodation

Aodhán Ó Ríordáin

Question:

181 Deputy Aodhán Ó Ríordáin asked the Minister for Education and Skills the position regarding the tenancy entitlements in respect of a club (details supplied) in Dublin 5 and in view of the reality of the club’s position and impasse with the vocational education committee if he will provide a letter of comfort to the club regarding its future use of the sports facility. [31323/11]

Following the closure of the school occupying the site referred to by the Deputy in 2007, the City of Dublin VEC was requested by my Department to oversee and manage, on a caretaker basis, the entire site. It is my intention to lease this former community school site, including the sports complex referred to by the Deputy, to the City of Dublin VEC. My Department has requested the VEC to ensure that the club referred to by the Deputy continues to have use of the sports facility following execution of the lease. I am advised that the VEC has provided a draft user agreement to the club for their consideration in anticipation of concluding legal formalities with my Department in the near future. I understand that this draft user agreement recognises the club's current position as a user of the sports facility outside of school hours. I am advised that the VEC and the club will meet this week to discuss the draft user agreement further. In relation to providing a letter of comfort in relation to future use of the sports facility, given that a user agreement, providing for use of the sports facility by the club, has already been drafted, it is my Department's view that this is no longer considered necessary.

Schools Building Projects

Regina Doherty

Question:

182 Deputy Regina Doherty asked the Minister for Education and Skills the schools in County Meath in which prefabricated buildings are in use at primary and second level; the position of each school on the school building project in tabular form; and if he will make a statement on the matter. [31368/11]

A list of the primary and post primary schools in County Meath that have rented temporary accommodation is attached for the Deputy's information. The Deputy may wish to note that in cases where schools have been approved for additional accommodation, schools generally have the option of building permanent classrooms or of purchasing prefabricated buildings. The current status of all projects on the school building programme may be viewed on my Department's website at www.education.ie and this will be updated regularly throughout the year.

School

County

Building/Pre-fab

00883P

St Annes

Fairgreen

Navan

Meath

Pre-fab

01309L

St Patricks NS

Stackallen

Navan

Meath

Pre-fab

02905J

SN Naomh Padraig

Baconstown

Meath

Pre-fab

04210H

St Josephs NS (Kilmessan Mxd NS)

Kilmessan

Meath

Pre-fab

04210H

St Josephs NS (Kilmessan Mxd NS)

Kilmessan

Meath

Pre-fab

05630L

St Michaels NS Trim

Patrick Street

Trim

Meath

Pre-fab

11039O

Kilbeg NS

Kilbeg

Carlonstown, Kells

Meath

Pre-fab

12488C

Gilson NS

Chapel Street

Oldcastle

Meath

Pre-fab

12488C

Gilson NS

Chapel Street

Oldcastle

Meath

Pre-fab

15104T

Scoil Bhride

Canninstown

Navan

Meath

Pre-fab

15104T

Scoil Bhride

Canninstown

Navan

Meath

Pre-fab

16100Q

St Josephs Mercy P.S

Railway Street

Navan

Meath

Pre-fab

16100Q

St Josephs Mercy P.S

Railway Street

Navan

Meath

Pre-fab

16100Q

St Josephs Mercy P.S

Railway Street

Navan

Meath

Pre-fab

16100Q

St Josephs Mercy P.S

Railway Street

Navan

Meath

Pre-fab

16100Q

St Josephs Mercy P.S

Railway Street

Navan

Meath

Pre-fab

16100Q

St Josephs Mercy P.S

Railway Street

Navan

Meath

Pre-fab

16549Q

Scoil Naoimh Pio

Knockcommon

Beauparc

Meath

Pre-fab

17203I

Scoil Ultain Naofa

Baile Ghib

Meath

Pre-fab

17520U

Robinstown NS

Robinstown

Navan

Meath

Pre-fab

17520U

Robinstown NS

Robinstown

Navan

Meath

Pre-fab

17623H

O’Growney NS

O’Growney Street

Athboy

Meath

Pre-fab

17623H

O’Growney NS

O’Growney Street

Athboy

Meath

Pre-fab

17623H

O’Growney NS

O’Growney Street

Athboy

Meath

Pre-fab

17623H

O’Growney NS

O’Growney Street

Athboy

Meath

Pre-fab

17705J

Whitecross Primary School

Julianstown

Meath

Pre-fab

17705J

Whitecross Primary School

Julianstown

Meath

Pre-fab

17705J

Whitecross Primary School

Julianstown

Meath

Pre-fab

17705J

Whitecross Primary School

Julianstown

Meath

Pre-fab

17705J

Whitecross Primary School

Julianstown

Meath

Pre-fab

17705J

Whitecross Primary School

Julianstown

Meath

Pre-fab

17821L

St Marys, Enfield

Johnstown

Enfield

Meath

Pre-fab

17821L

St Marys, Enfield

Johnstown

Enfield

Meath

Pre-fab

17821L

St Marys, Enfield

Johnstown

Enfield

Meath

Pre-fab

17821L

St Marys, Enfield

Johnstown

Enfield

Meath

Pre-fab

17821L

St Marys, Enfield

Johnstown

Enfield

Meath

Pre-fab

17821L

St Marys, Enfield

Johnstown

Enfield

Meath

Pre-fab

17821L

St Marys, Enfield

Johnstown

Enfield

Meath

Pre-fab

17821L

St Marys, Enfield

Johnstown

Enfield

Meath

Pre-fab

17821L

St Marys, Enfield

Johnstown

Enfield

Meath

Pre-fab

17821L

St Marys, Enfield

Johnstown

Enfield

Meath

Pre-fab

17821L

St Marys, Enfield

Johnstown

Enfield

Meath

Pre-fab

17821L

St Marys, Enfield

Johnstown

Enfield

Meath

Pre-fab

17821L

St Marys, Enfield

Johnstown

Enfield

Meath

Pre-fab

17839H

Duleek BNS

Duleek

Meath

Pre-fab

17839H

Duleek BNS

Duleek

Meath

Pre-fab

17840P

Scoil Bhainin Naofa/Duleek GNS

Duleek

Meath

Pre-fab

17840P

Scoil Bhainin Naofa/Duleek GNS

Duleek

Meath

Pre-fab

18106P

Lismullen NS

Garlow Cross

Navan

Meath

Pre-fab

18106P

Lismullen NS

Garlow Cross

Navan

Meath

Pre-fab

18106P

Lismullen NS

Garlow Cross

Navan

Meath

Pre-fab

18132Q

Scoil Mhuire

Carlanstown

Kells

Meath

Pre-fab

18448U

Rathbeggan NS

Dunshaughlin

Meath

Pre-fab

18762D

Realt na Mara BNS

Donacarney

Meath

Pre-fab

18762D

Realt na Mara BNS

Donacarney

Meath

Pre-fab

18762D

Realt na Mara BNS

Donacarney

Meath

Pre-fab

18767N

Realt na Mara GNS

Donacarney

Mornington

Meath

Pre-fab

18767N

Realt na Mara GNS

Donacarney

Mornington

Meath

Pre-fab

18767N

Realt na Mara GNS

Donacarney

Mornington

Meath

Pre-fab

18767N

Realt na Mara GNS

Donacarney

Mornington

Meath

Pre-fab

18767N

Realt na Mara GNS

Donacarney

Mornington

Meath

Pre-fab

18767N

Realt na Mara GNS

Donacarney

Mornington

Meath

Pre-fab

18767N

Realt na Mara GNS

Donacarney

Mornington

Meath

Pre-fab

18767N

Realt na Mara GNS

Donacarney

Mornington

Meath

Pre-fab

18767N

Realt na Mara GNS

Donacarney

Mornington

Meath

Pre-fab

18767N

Realt na Mara GNS

Donacarney

Mornington

Meath

Pre-fab

19560T

Saint Marys Special School

Johnstown

Navan

Meath

Pre-fab

19560T

Saint Marys Special School

Johnstown

Navan

Meath

Pre-fab

19768U

St Marys NS

Asbourne

Meath

Pre-fab

20032B

Dunboyne Junior School

Dunboyne

Meath

Pre-fab

20032B

Dunboyne Junior School

Dunboyne

Meath

Pre-fab

20033D

Dunboyne Senior Primary School

Main Street

Dunboyne

Meath

Pre-fab

20033D

Dunboyne Senior Primary School

Main Street

Dunboyne

Meath

Pre-fab

20033D

Dunboyne Senior Primary School

Main Street

Dunboyne

Meath

Pre-fab

20051F

Gaelscoil na Boinne

Dublin Road

Trim

Meath

Building

20082Q

Gaelscoil Thulach na nOg

Br. Ruisc

Dun Buinne

Meath

Pre-fab

20082Q

Gaelscoil Thulach na nOg

Br. Ruisc

Dun Buinne

Meath

Building

20164S

Navan Educate Together NS

Carriage Road

Navan

Meath

Pre-fab

20164S

Navan Educate Together NS

Carriage Road

Navan

Meath

Pre-fab

20164S

Navan Educate Together NS

Carriage Road

Navan

Meath

Pre-fab

20164S

Navan Educate Together NS

Carriage Road

Navan

Meath

Pre-fab

20164S

Navan Educate Together NS

Carriage Road

Navan

Meath

Building

20179I

St Stephens NS

Johnstown

Navan

Meath

Building

20191V

St Peters National School, Church Of Ireland

Maynooth Road

Dunboyne

Meath

Pre-fab

20191V

St Peters National School, Church Of Ireland

Maynooth Road

Dunboyne

Meath

Pre-fab

20191V

St Peters National School, Church Of Ireland

Maynooth Road

Dunboyne

Meath

Pre-fab

20191V

St Peters National School, Church Of Ireland

Maynooth Road

Dunboyne

Meath

Pre-fab

20191V

St Peters National School, Church Of Ireland

Maynooth Road

Dunboyne

Meath

Pre-fab

20191V

St Peters National School, Church Of Ireland

Maynooth Road

Dunboyne

Meath

Pre-fab

20191V

St Peters National School, Church Of Ireland

Maynooth Road

Dunboyne

Meath

Pre-fab

20200T

Ratoath Senior NS

Ratoath

Meath

Pre-fab

20200T

Ratoath Senior NS

Ratoath

Meath

Pre-fab

20258E

Gaelscoil Bhradain Feasa

Bothar Piltown

Bettystown

Meath

Land

20352T

Ard Ri Community NS

Navan

Meath

Building

91508C

Boyne Community School

Trim

Meath

Pre-fab

School Transport

Paschal Donohoe

Question:

183 Deputy Paschal Donohoe asked the Minister for Education and Skills when school transport will be put in place for a person (details supplied) in Dublin 9; and if he will make a statement on the matter. [31376/11]

Bus Éireann, which operates the School Transport Scheme on behalf of my Department, has advised that a service is scheduled to commence on Monday 7th November.

Departmental Staff

Brendan Smith

Question:

184 Deputy Brendan Smith asked the Minister for Education and Skills if he will commit to appointing a new dedicated national co-ordinator for the leaving certificate applied programme following the recent retirement of the national co-ordinator for this programme; and if he will make a statement on the matter. [31381/11]

The Professional Development Service for Teachers (PDST) National Coordinator post for support for the Leaving Cert Applied (LCA) programme in post-primary schools was vacated at the start of this school year. Given recent changing priorities and developments in relation to continuing professional development (CPD), notably the Department's literacy and numeracy strategy, as well as pressure on personnel numbers, it is not intended to fill the National Coordinator vacancy at the present time. However, the levels of resources including personnel available to the PDST are being increased for the 2011/2012 school year. The PDST was established to provide the organisational structures and the flexibility necessary to respond to changing need. The key task of the PDST is to build capacity at all levels within the organisation and among teachers but in particular at advisor and associate level to ensure that CPD needs can be identified and responded to in an effective way within the resources provided. It is proposed to continue to provide for service in the LCA area, with the co-ordination of activities taken over by other personnel within the PDST and with the professional side (i.e course content/delivery/training of facilitators etc) handled by the 2 PDST advisors who are currently working in this area. The PDST have prepared a comprehensive programme of support for schools engaged in the LCA programme in the current year which includes sessions for new schools and new LCA coordinators and a number of workshops, whole staff supports and web based supports amongst other items. They are also actively looking at further developing their network of part time personnel to further expand the proposed provision.

Special Educational Needs

Simon Harris

Question:

185 Deputy Simon Harris asked the Minister for Education and Skills when a school’s (details supplied) applications and appeals in respect of special needs assistants and resource hours will be decided by the National Council for Special Education; if he will provide a timeframe for when parents, teachers and pupils can expect to hear the result of their applications and appeals; and if he will make a statement on the matter. [31385/11]

The Deputy will be aware 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 now advised all mainstream schools of their SNA allocation for the current school year, taking into account the care needs of qualifying pupils attending the school. The school in question has currently been allocated 1 full time SNA post and 86.4 Resource Teacher hours The NCSE has recently published statistical information in relation to the allocation of SNA posts and resource teaching hours to Primary Special and Post Primary Schools. The information is provided on a county by county and school by school basis on its website at www.ncse.ie. The NCSE has a retained capacity to respond to emergency cases, or where additional care needs arise for schools as a result of new school enrolments, injuries or diagnoses, during the school year, in the context of existing SNA provision in the school. The NCSE will advise schools in the near future of a process to review allocation decisions to ensure that correct procedures were followed and that they comply with my Department’s policy. The merits of individual allocation decisions will not be open to appeal under this mechanism. In relation to the allocation of individual Resource Teaching hours, the position is that for the 2011/12 school year, an allocation of 90% of valid identified resource teaching allocations has been made by the NCSE to schools, including the school referred to by the Deputy, in the first instance, to provide schools with the majority of their allocation, while also preserving enough capacity to deal with late applications and ensure that my Department remains within Employment Control Framework obligations. Schools have now been asked to forward any outstanding applications, or additional outstanding materials to support incomplete applications, to the NCSE for consideration. Consideration is currently being given as to whether there is potential to revise the 90% allocation previously given to schools, and also the extent to which new Resource Teaching allocations can be made, taking into account the number of valid new applications received and in the context of my Departments Employment Control Framework obligations.

Departmental Agencies

Mary Lou McDonald

Question:

186 Deputy Mary Lou McDonald asked the Minister for Education and Skills if he will provide a list of all commercial semi-State companies under his aegis. [31391/11]

There are no commercial semi state companies/agencies under the aegis of my Department.

Special Educational Needs

Regina Doherty

Question:

187 Deputy Regina Doherty asked the Minister for Education and Skills if he will provide a copy of the criteria within which the National Council for Special Education operates when allocating resources to schools to support children with special needs. [31416/11]

The Deputy will be aware 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. My Departments criteria in relation to the allocation of SNA support is set out in Circular 07/02. Special Needs Assistants are allocated to schools to cater for the care needs of children who have an assessed special educational need. Schools then manage and deploy the SNA resources which have been allocated to them to provide for the care needs of designated pupils. Circular 0006/2011 which was issued by my Department in January of this year sets out the revised arrangements for the allocation by the NCSE of SNA posts with reference to the cap on the number of posts. In considering applications for SNA support, or any review of the level of SNA support which has been provided to schools, SENOs actively engage with both schools and parents to consider the level of SNA support which may be required to meet the care needs of the children concerned, taking into account the level of SNA support currently available to the school. The NCSE also has a retained capacity to respond to emergency cases, or where additional care needs arise for schools as a result of new school enrolments, injuries or diagnoses, during the school year, in the context of existing SNA provision in the school. The NCSE will advise schools in the near future of a process to review allocation decisions to ensure that correct procedures were followed and that they comply with my Department's policy. The merits of individual allocation decisions will not be open to appeal under this mechanism. My Department's Circular 37/2011 sets out the arrangements for the 2011/12 school year for the allocation of Resource Teaching hours for children with assessed special educational needs. Finally, the NCSE has issued circulars 01/11 and 02/11 setting out details regarding criteria surrounding allocations and the timeframes for applying for supports for pupils for the 2011/12 school year.

National Internship Scheme

Brendan Griffin

Question:

188 Deputy Brendan Griffin asked the Minister for Education and Skills, further to Parliamentary Question No. 88 of 28 September 2011, when a circular for the national internship scheme will be prepared for national schools; and if he will make a statement on the matter. [31430/11]

My Department issued Circular 46/2011 earlier this month for schools wishing to participate in JobBridge, the National Internship Scheme. Schools or VECs who identify a potential internship opportunity will need to identify a mentor, apply online to advertise that internship and, once approved, the National Employment Service will place the advertisement on the Jobbridge website. Further details on the scheme may be obtained at www.jobbridge.ie.

Brendan Griffin

Question:

189 Deputy Brendan Griffin asked the Minister for Education and Skills if an inspector will be provided to a person (details supplied) in County Kerry who has applied for the national internship scheme; and if he will make a statement on the matter. [31433/11]

Brendan Griffin

Question:

197 Deputy Brendan Griffin asked the Minister for Education and Skills if an inspector will be provided to a person (details supplied) in County Kerry who has applied for the national internship scheme at a national school in County Kerry to complete their diploma in teaching; and if he will make a statement on the matter. [31489/11]

I propose to take Questions Nos. 189 and 197 together.

Teachers participating in JobBridge, the National Internship Scheme, are eligible to participate in the probationary process subject to the provisions of circular 0047/2011 "Probationary Requirements for Registration Purposes for Primary Teachers". Teachers who secure an internship placement should apply to Limerick Education Centre using the OP1 form. They will then be placed on the list for inspection visits.

Higher Education Grants

Paschal Donohoe

Question:

190 Deputy Paschal Donohoe asked the Minister for Education and Skills when persons (details supplied) will be approved student grants from Mayo Vocational Education Committee. [31439/11]

The processing of student grants is carried out by local grant awarding authorities — VECs and local authorities. The students in question should, therefore, contact Mayo VEC to ascertain the position regarding their grant applications.

Schools Building Projects

Denis Naughten

Question:

191 Deputy Denis Naughten asked the Minister for Education and Skills if he will review the technical guidance document TGD-008 amended last March which specifically prohibits qualified and competent professionals other than architects to supervise school repairs-building works exceeding €200,000 when there is not a substantive element of architectural design; his views that it is appropriate to exclude professionals who have been approved by the Department to bring developments to the construction stage; his reason for this restriction; if he has evaluated the additional costs due to a reduction in competition as a result of this restriction; and if he will make a statement on the matter. [31441/11]

Technical Guidance Document (TGD) 008 (Engaging Professional Consultants for Small Works)" which is available on my Department's website is one of a large suite of guidance documents published by my Department. This particular document is provided to assist school authorities with the engagement of consultants and to ensure that any consultants employed are competent and qualified in the appropriate disciplines to carry out the works that they are appointed to do. This document also provides for the appointment of other consultants depending on the nature of the works to be grant aided. TGD 008 provide a balanced approach by allowing access for smaller firms while also ensuring that appropriate consultants are engaged for small works. I do not propose to make any changes.

Third Level Fees

Sean Fleming

Question:

192 Deputy Sean Fleming asked the Minister for Education and Skills if he will consider putting arrangements in place through the Higher Education Authority to enable third level students to pay students’ contributions in instalments in view of the fact that the lump sum payments are causing severe financial difficulties for many families; and if he will make a statement on the matter. [31455/11]

A new student contribution of €2,000 was introduced in higher education institutions by the previous Government with effect from the 2011/12 academic year. The student contribution replaces the Student Services Charge and applies to all students who benefit under the free fees scheme. In recognition of the financial pressures that the student contribution may place on families, my Department requested higher education institutions to consider putting in place arrangements under which a student may opt to pay the student contribution in two instalments in a given academic year. I have again asked the Higher Education Authority to request institutions to allow the payment of the contribution in two moieties. While a few institutions do not have this facility at present due to technical/systems limitations and administrative issues that make it impractical to allow for payment by instalments, all institutions have been requested to accommodate students who present with financial difficulties on a case by case basis and, from the academic year 2012/13 onwards, to have systems in place that allow for the payment of the student contribution in two instalments.

Higher Education Grants

Sean Fleming

Question:

193 Deputy Sean Fleming asked the Minister for Education and Skills if he will consider a reversal or amendments to modify the changes in criteria to qualify for the non-adjacent rate for third level students in view of the financial hardship it is causing for some persons who are caught by the change of distance rule; and if he will make a statement on the matter. [31456/11]

The economic circumstances of the country are such that I regret that I am not in a position to reverse or vary any of the changes to the student grant scheme introduced by the Deputy's Government under Budget 2011. However, students in exceptional financial circumstances can apply for assistance under the Student Assistance Fund. Information on the Fund is available through the access offices of third-level institutions.

Schools Building Projects

John McGuinness

Question:

194 Deputy John McGuinness asked the Minister for Education and Skills the position regarding a school building project (details supplied) in County Kilkenny; the stage it is now at; the timeframe to complete all stages up to construction; the funding granted to date; and if he will make a statement on the matter. [31476/11]

The Major Building Project referred to by the Deputy is currently at an early stage of Architectural Planning. The Design Team are currently working on finalising the Stage 2a submission (Developed Sketch Design) which is expected to be submitted to my Department shortly. When this submission is received, it will be reviewed by my Department and my officials will then be in contact with the Board of Management of the school with regard to the further progression of the project.

John McGuinness

Question:

195 Deputy John McGuinness asked the Minister for Education and Skills the position regarding a school building project (details supplied) in County Kilkenny; if all planning issues relative to the project have now been resolved; if funding for the project will be approved; the timeframe for completion of all aspects of the project; and if he will make a statement on the matter. [31477/11]

The Deputy will be aware that a major building project is being advanced for the school in question. The accommodation brief for the project is currently being finalised and the next step, following completion of this process, involves the appointment of a Design Team. There are certain constraints relating to the site in terms of a protected structure and associated conservation issues. Any substantial issues relating to these constraints will be addressed at the design and planning stages as the project proceeds through the architectural planning process. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of the Department's multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the Department's capital budget, it is not possible to give an indicative timeframe for the completion of all aspects of the project at this time. The current status of all projects on the school building programme may be viewed on my Department's website at www.education.ie and this will be updated regularly throughout the year. In the meantime, my Department has approved funding for emergency works to the existing protected structure. These works commenced during summer 2011.

School Staffing

John Browne

Question:

196 Deputy John Browne asked the Minister for Education and Skills if he will arrange much needed services to a school (details supplied) in County Wexford. [31487/11]

The Deputy may be aware of the decision of the previous Government to implement a recruitment and promotion moratorium in the public sector, which is binding upon all Government departments, non-commercial state bodies and agencies. In respect of Vocational Education Committees, including Co Wexford VEC, positions other than teacher and SNA posts in schools, and teacher equivalents that are directly providing tuition to pupils in schools, in special programmes or in adult and further education, are comprehended by this decision. It is a matter for each VEC to implement work prioritisation across different functions, and to deploy available staff to execute those functions. My Department received correspondence in June 2011 from Co Wexford VEC requesting sanction to fill an additional caretaker post and increase the number of cleaning hours at Enniscorthy Vocational College. In response my Department informed the Chief Executive Officer that under the terms of the moratorium those posts could not be filled and recommended that Co Wexford VEC reallocate or reorganises work or staff according to its priorities.

Question No. 197 answered with Question No. 189.

Higher Education Grants

John Lyons

Question:

198 Deputy John Lyons asked the Minister for Education and Skills the number of mature independent students awarded a full maintenance grant in 2010 and 2011; the cost of same; and if he will make a statement on the matter. [31497/11]

I regret that the grant awarding authorities do not collate information on the number of independent mature students in receipt of the various rates of student grant. The rates of grant effective from January 2011 are:

Non-Adjacent Rate

Adjacent Rate

Full Maintenance

€3,120

€1,250

Part Maintenance (75%)

€2,340

€ 940

Part Maintenance (50%)

€1,560

€ 625

Part Maintenance (25%)

€ 780

€ 315

The special rate of grant effective from January 2011 is:

Non-Adjacent Rate

Adjacent Rate

Full Special Rate

€6,100

€2,445

Of which top-up represents

€2,980

€1,195

All eligible students, including mature students, receive a grant in the range outlined above depending on their particular circumstances. Their fees and/or student contribution are also paid on their behalf.

John Lyons

Question:

199 Deputy John Lyons asked the Minister for Education and Skills his plans to address the disparity between the back to education allowance recipients and low income mature independent students who have had their full maintenance grant cut from €3,120 to €1,250 in budget 2011; and if he will make a statement on the matter. [31498/11]

Eligibility for the Back to Education Allowance and associated payments is determined and administered by the Department of Social Protection. The BTEA scheme was established to assist people who have been out of the workforce for some time and whose opportunities of obtaining employment would be enhanced by participation in the scheme. In this regard, I understand that there is a requirement to be in receipt of a relevant social welfare payment for a minimum period of time. Effectively, the BTEA scheme enables continued payment of the full rate of social protection benefit or allowance so that, for example, an unemployed person will continue to be supported to enable him/her to upskill and move back into employment. The student grant scheme has a different target group, for example, school leavers and mature learners who wish to return to education and the maintenance portion of the grant represents a contribution towards the living costs of the student. While there have been changes in the eligibility criteria for certain rates of maintenance grant, student grant recipients continue to have their tuition fees and/or student contribution paid in addition to any maintenance payment. Students within this group on particularly low incomes may also qualify for a top-up in the higher, special rate of maintenance grant. Independent mature students who have been unemployed or who qualify for a relevant social protection payment may opt to hold the BTEA, but may also apply for additional support for their tuition fees and/or student contribution under the student grant scheme.

Departmental Expenditure

Billy Kelleher

Question:

200 Deputy Billy Kelleher asked the Minister for Education and Skills the total expenditure in 2010 on ICT, including staff costs, support and maintenance services, hardware, software, and external resources, including consultancies, contractors and service providers; and all agencies under the aegis of his Department. [31516/11]

The total expenditure in 2010 incurred by my Department on ICT, including staff costs was €8,246,061. This figure represents expenditure by my Department only. The information sought in relation to all agencies under the aegis of the Department is not readily available and would involve an inordinate amount of administrative time to compile. However, if the Deputy has any particular agency in mind I would be happy to have my officials obtain the relevant details and communicate them to the Deputy.

School Accommodation

Brendan Smith

Question:

201 Deputy Brendan Smith asked the Minister for Education and Skills if he will ensure the views and request of a local community are acceded to in the designation of an area as part of the catchment area for a school (details supplied); and if he will make a statement on the matter. [31581/11]

Catchment boundaries have their origins in the establishment of free post-primary education in the late 1960's and were determined following consultation with local educational interests. For planning purposes the country was divided into geographic districts each with several primary schools feeding into a post-primary centre with one or more post-primary schools. The intention was and continues to be that these defined districts facilitate the orderly planning of school provision and accommodation needs. Enrolment in individual post-primary schools is the responsibility of the managerial authority of those schools and my Department does not seek to intervene in decisions made by schools in such matters. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking places. This may result, however, in some pupils not obtaining a place in the school of their first choice.

Presidential Remuneration

Eoghan Murphy

Question:

202 Deputy Eoghan Murphy asked the Minister for Public Expenditure and Reform if 70% of the President’s remuneration package is tax free; and if he will clarify the total worth of the President’s remuneration package. [30843/11]

Luke 'Ming' Flanagan

Question:

204 Deputy Luke ‘Ming’ Flanagan asked the Minister for Public Expenditure and Reform if he will examine the remuneration of the President; and if he will make a statement on the matter. [31155/11]

I propose to take Questions Nos. 202 and 204 together.

Under the Presidential Establishment (Amendment) Act, 1973, the personal remuneration of the President is set at the rate paid to the Chief Justice plus ten per cent. In accordance with the Act, the personal remuneration of the current President is €325,507 p.a. and is subject to the normal income tax code including the Universal Social Charge. The remuneration of the current President is protected under the Constitution by virtue of Article 12.11.3 which provides that the emoluments and allowances of the President shall not be reduced while in Office.

In line with its stated intention to provide for reduced salary rates for new members of the judiciary, the Government has provided for a revised rate of pay of €249,014 to apply to the person who takes up the office of President following the enactment and commencement of the Single Pension Scheme and Remuneration Bill, 2011. That Bill is currently before the Oireachtas.

Under the legislation the President also receives an allowance related to the Office of €317,434 p.a. which meets the expenses incurred in providing for state functions etc.

I acknowledge that notwithstanding the Constitutional protection afforded to the emoluments of the President while in Office, the current President has voluntarily waived sums due in respect of her entitlements under the legislation. A similar facility will be open to the new President on election.

Departmental Bodies

Eoghan Murphy

Question:

203 Deputy Eoghan Murphy asked the Minister for Public Expenditure and Reform if there will be any provisions in budget 2012 to reduce the number of quangos. [30845/11]

The question of rationalisation and the reduction in the number of State bodies is being considered in the context of the Comprehensive Review of Expenditure and the overall budgetary and estimates process for 2012, and decisions on such matters will be made by the Government over the coming weeks.

The priorities set out in the Programme for Government for the rationalisation of State Agencies states that rationalisation must be cost effective and lead to a more transparent, accountable and efficient public service. The overriding imperative is the absolute requirement to achieve major savings in all areas of expenditure and to reduce staff numbers and administrative overheads. This underscores the need for radical streamlining of bodies, abolishing those bodies whose remit is no longer essential and amalgamation of other agencies or sharing of services between bodies, so that public services and functions can be delivered more cost-effectively.

Question No. 204 answered with Question No. 202.

Consultancy Contracts

Seán Kenny

Question:

205 Deputy Seán Kenny asked the Minister for Public Expenditure and Reform the nationality of the firms which were successful in applying for public contracts in the years 2008, 2009, 2010 and to date in 2011; and if he will make a statement on the matter. [31309/11]

The statistics compiled here relate to the years 2008 and 2009. Statistics for 2010 and 2011 are not yet available as they are compiled a year in arrears. The statistics for 2010 are currently being collated and will be available later in the year. Statistics for 2011 will not be collected until 2012.

The statistics below are only for above threshold tenders that were advertised on www.eTenders.gov.ie and for which an award notice was published by the contracting authority. They do not reflect below threshold tenders, the majority of which go to Irish companies.

Year

Nationality

Number of Contracts

2008

Ireland

956

United Kingdom incl. Northern Ireland

214

France

20

Germany

21

USA

19

Netherlands

6

Spain

5

Belgium

3

Canada

3

Denmark

3

Finland

3

Japan

3

Africa

2

Australia

2

Iceland

1

Austria

1

Hungary

1

India

1

Italy

1

Luxembourg

1

New Zealand

1

Norway

1

Singapore

1

Sweden

1

Turkey

1

2009

Ireland

796

United Kingdom incl. Northern Ireland

175

Germany

14

USA

11

France

10

Spain

6

Denmark

5

Switzerland

3

Finland

2

Belgium

2

Australia

2

Sweden

2

China

2

Turkey

1

Norway

1

New Zealand

1

Italy

1

Austria

1

Greece

1

Poland

1

Zambia

1

Portugal

1

Electronic Invoicing

Peter Mathews

Question:

206 Deputy Peter Mathews asked the Minister for Public Expenditure and Reform if the pilot programme for the introduction of electronic invoicing will be put out to tender; the details of same; and if he will make a statement on the matter. [31473/11]

The National Procurement Service (NPS) in the Office of Public Works is progressing eInvoicing and is preparing the way for pilot projects to take place.

A number of issues have arisen in regard to VAT compliance and EU auditing, which must be resolved before pilot projects can take place. The NPS is in discussions with both the Revenue Commissioners and the EU Commission to resolve these issues. Once these issues have been resolved, pilot projects will commence as soon as possible thereafter.

Plans for the implementation of these pilot projects will be drafted by the NPS and presented to the Forum on eInvoicing for their approval.

Pension Provisions

Dominic Hannigan

Question:

207 Deputy Dominic Hannigan asked the Minister for Public Expenditure and Reform the position regarding staff who have moved from southern Departments to the all-island bodies in terms of their pension entitlements; if they are a part of the North-South pension scheme and if their years of service have been transferred to that scheme; and if he will make a statement on the matter. [31495/11]

The North-South Implementation Bodies were set up in 1999 under the Good Friday Agreement. There are six bodies in total, comprising Waterways Ireland, the Food Safety Promotion Board, the Trade and Business Development Body, the Special EU Programmes Body, the North/South Language Body and the Foyle, Carlingford and Irish Lights Commission (Loughs Agency).

Five of the six bodies are affiliated to the North/South Pension Scheme (NSPS), with membership being compulsory for southern-based staff. The exception is the Foyle, Carlingford and Irish Lights Commission (Loughs Agency), which has stayed outside the NSPS, and whose staff have other pension arrangements. Tourism Ireland is also affiliated to the scheme.

Much of the original staffing of the North/South bodies was provided by way of compulsory transfer of persons already employed in the Irish public service. Under the Implementation Bodies agreement between the Irish and British Governments, the pension terms of such staff were protected insofar as those terms were to be not less favourable than the terms they held just before their transfer, for example, Irish civil service pension terms.

Persons who benefitted from this pension protection and who have not opted to switch to other pension terms are categorized as Reserved Rights members of the NSPS. This means that their pension terms are as applying in the prior public service employment at the date of transfer; this reflects the wider guarantee of "no less favourable" treatment for transferees. This effectively means, among other things, that their years of service for pension purposes are transferred.

Certain transferred persons in NSPS-affiliated Implementation Bodies who benefitted from this pension protection have since opted to avail of a once-off option to switch from Reserved Rights NSPS membership to the mainstream membership category in the NSPS, which is known as Core Terms. This is the default scheme variant for directly-hired employees of NSPS-affiliated Bodies; it provides non-co-ordinated pensions, which means that the occupational pension is not reduced by reference to the State Pension, along with inflation-linkage for post-retirement increases.

Departmental Staff

Mary Lou McDonald

Question:

208 Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the saving to the State if all overtime paid to Secretaries General, deputy Secretaries General, assistant secretaries, principal officers higher, principal officers, assistant principal officers higher and assistant principal officers was not paid in 2010. [30741/11]

The particular civil service grades concerned do not receive overtime payments under their terms and conditions of employment. Accordingly, no such payments were paid to these grades in 2010.

Mary Lou McDonald

Question:

209 Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform his views that it is best practice to have his Department’s Secretary General, the Secretary General to the Government and two other senior public servants on the top level appointments committee, TLAC, particularly in view of the exorbitant pay and pension payouts awarded to the said civil servants by TLAC’s generous exit terms. [30744/11]

It is my view that it is best practice to have senior managers in the civil service to be involved in the selection process for Assistant Secretaries and Secretary General posts.

Mary Lou McDonald

Question:

210 Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the person responsible for the performance reviews of Secretaries General; if it is the Minister, to whom the Secretary General is appointed; his views that this be best practice in view of the fact that the Minister and his or her Secretary General are equally reliant on one another to present a positive outlook on the work of the Department. [30745/11]

The Secretary General is the Civil Service Head of a Government Department. The duties and responsibilities of a Secretary General are set out in the Public Service Management Act 1997. Secretaries General are responsible for managing their Department subject to the policy direction of their Minister. Their responsibilities include producing a Strategy Statement in respect of the Department for the Minister, reporting on its implementation, providing advice to the Minister and ensuring the resources of the Department are used appropriately and effectively. The Secretary General supports the Minister in the carrying out of the latter's duties and responsibilities as a member of the Government and as political head of the Department.

The Minister's key conduit of contact with the overall organisational arrangements for the Department should be through the Secretary General.

While Secretaries General are responsible for implementing the Performance Management and Development System (PMDS) within their Departments they, in their own posts, are not formally part of the process. However, there is a body of procedures against which the performance of the Secretary General can be assessed.

The principal framework for assessing the performance of Secretaries General is the Departmental Strategy Statement which is submitted to the Minister. This, in conjunction with the Annual Output Statements which are submitted to the Minister each year, provide information to allow for an assessment of the organisation's performance in meeting objectives. The Annual Output Statements make explicit what the public can expect to see delivered, in terms of public service outputs and outcomes, from the public moneys that are voted to them by the Dáil each year. These Output Statements are considered by the relevant Dáil Select Committees alongside their consideration of the Annual Estimates. For the 2011 Estimates, the Annual Output Statements were superseded with a new ‘performance budgeting' initiative, involving the integration of the key output/outcome information alongside the financial allocations within the Departmental Estimate itself. This approach, which was piloted for the Finance, Public Expenditure and Reform and Agriculture Groups of Votes, is being rolled out more generally for the 2012 Estimates. The overall intention, in line with Government Programme commitments, is to heighten the focus upon overall performance and delivery by Departments and Offices, and improve accountability by office-holders for the achievement of results.

In most cases, the Secretary General is also the Accounting Officer for the Department with statutory responsibility for preparing the Appropriation Accounts for the Department and giving evidence before the Public Accounts Committee in relation to the management of public funds.

As regards the Secretary General's Accounting Officer function there is a rigorous independent examination of regularity, propriety and value for money by the Comptroller and Auditor General and the Public Accounts Committee. The Comptroller and Auditor General also carries out individual VFM examinations on the economy and efficiency with which a Department uses its resources.

These review and evaluation processes are critical in promoting a culture of continuous performance improvement.

Mary Lou McDonald

Question:

211 Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform his views on whether it is appropriate to have appointed the Secretary General to the Department of Finance to the European Court of Auditors, a position that requires deep technical competence and moral courage, in view of the fact that several international reports have revealed that the Department of Finance in the years prior to and following the financial crisis lacked the technical skills to do its job and was guilty of timidity and deference. [30746/11]

I support the appointment of the Secretary General of the Department of Finance to the European Court of Auditors. Any specific matter relating to the appointment should be addressed to the Minister for Finance.

Public Sector Pay

Mary Lou McDonald

Question:

212 Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the numbers of public sector workers earning less than €20,000, €30,000, €40,000, €50,000, €60,000, €70,000, €80,000, €90,000 and €100,000 per annum and earning more than €100,000 per annum in tabular form. [30747/11]

Mary Lou McDonald

Question:

213 Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the number of public servants earning more than €100,000, €120,000, €150,000, €200,000, €250,000, €300,000, €350,000, €400,000, €450,000 and €500,000 per annum; and if he will provide the information in tabular form. [30748/11]

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

I am informed by the Revenue Commissioners that the latest relevant sector-based information available on employees taxed under the PAYE system is derived from income tax returns filed for the income tax year 2009 and represents about 96 per cent of all returns expected at the time the data were compiled for analytical purposes. The figures include PAYE taxpayers who are required to return an income tax return Form 11 where non-PAYE income is greater than €3,174, and do not segregate earnings from public sources and those from other sources. Therefore, the earnings figures shown may include income from non public-sector sources.

The data also include various forms of income from public sources to groups that would not normally be regarded as being employed within the public service, e.g. those receiving fees, those on State Boards etc. On the basis of the available tax-based data it is not possible to identify and exclude income from public sources to groups that would not normally be regarded as employed within the public service or to distinguish the earnings of employees associated with atypical work patterns. Accordingly, it is likely that the number of lower paid public servants is overstated. On this basis the total numbers of public sector employees, and the breakdown of those numbers by income ranges, is set out as follows.

Income Tax Year 2009 Range of Gross income

Public Sector EmployeesTotal Number

€0 — €20,000

105,745

€20,001 — €30,000

68,202

€30,001 — €40,000

75,717

€40,001 — €50,000

63,026

€50,001 — €60,000

39,650

€60,001 — €70,000

24,294

€70,001 — €80,000

16,647

€80,001 — €90,000

10,822

€90,001 — €100,000

7,295

€100,001 — €120,000

8,472

€120,001 — €150,000

5,194

€150,001 — €200,000

2,026

€200,001 — €250,000

704

€250,001 — €300,000

419

€300,001 — €350,000

277

€350,001 — €400,000

146

€400,001 — €500,000

132

Over €500,000

77

Totals

428,845

The earnings data in the table relate to 2009 which does not reflect the pay reduction introduced for public servants from January 2010 (ranging from 5% to 20%) or the subsequent measures introduced by the current Government further reducing the pay of Office Holders and introducing a general pay ceiling of €200,000 for future appointments to higher positions across the public service, a general pay ceiling of €250,000 for future appointments to CEO posts within Commercial State Companies and a voluntary waiver system of up to 15% for current post holders who have salaries in excess of the relevant pay ceiling.

Departmental Agencies

Mary Lou McDonald

Question:

214 Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if he will provide a list of all non-commercial State agencies under the aegis of his Department. [30788/11]

Mary Lou McDonald

Question:

215 Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if all non-commercial State agency employees under his Department’s aegis are paid directly from the Exchequer. [30893/11]

Mary Lou McDonald

Question:

219 Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if he will provide a list of all commercial semi-State companies under his aegis. [31398/11]

I propose to take Questions Nos. 214, 215 and 219 together.

In response to the Deputy's question the only State Agency that comes under the remit of my Department is An Post National Lottery. An Post national Lottery is classed as a commercial semi-State company.

Departmental Expenditure

Anne Ferris

Question:

216 Deputy Anne Ferris asked the Minister for Public Expenditure and Reform if he will provide details for the years 2006 to 2011, inclusive, of the arrangements entered into by him, any body under his aegis or State agency for which he has responsibility for the obtaining of advice from a senior or junior counsel and or a firm of solicitors; the subject matter for which advice was sought; the names of the barristers’ and solicitors’ firms concerned and the fees paid; the nature of the work concerned; if in each case the matter was advertised for competitive tender and if not, the reason; and if he will make a statement on the matter. [30973/11]

In general, my Department uses the services of the Office of the Attorney General and the Office of the Chief State Solicitor. However, it also seeks outside legal advisors in circumstances requiring legal services of a specific nature. The costs associated with the Office of the Attorney General and the Office of the Chief State Solicitor are borne by their respective Votes.

Since its establishment in July 2011 my Department has had no expenditure on legal services. The Deputy should note, that expenditure in relation to legal services, from 2006 to July 2011 for my Department is covered by material provided by the Department of Finance, given that the Department of Public Expenditure and Reform was not officially established until last July.

The following tables set out the expenditure on legal services by agencies under the aegis of my Department from 2006 to date.

Office of the Information Commissioner/Office of the Commissioner for Environmental Information

Year

Name

Fees paid

Advice sought

Tender Y/N (if not why)

2006

Mason, Hayes & Curran

258,079

See below

Y

2006

Emily Egan

43,230

N*

2006

Brian Murray

4,519

N*

2006

Brian O Moore

30,038

N*

2006

Niamh Hyland

28,237

N*

2007

Mason, Hayes & Curran

298,189

Y

2007

Emily Egan

1,270

N*

2007

Brian Murray

2,841

N*

2007

Niamh Hyland

1936

N*

2008

Mason, Hayes & Curran

305,823

Y

2008

Emily Egan

147,802

N*

2008

Nuala Butler

45,980

N*

2008

Brian Murray

5,505

N*

2008

Tom Flynn

1,815

N*

2008

Declan McGrath

2,541

N*

2009

Mason, Hayes & Curran

103,308

Y

2009

Emily Egan

67,295

N*

2009

Nuala Butler

49,804

N*

2010

Mason, Hayes & Curran

136,295

Y

2010

Emily Egan

27,742

N*

2011

Mason, Hayes & Curran

63,748

Y

2011

Emily Egan

1,119

N*

2011

Catherine Donnelly

11,096

N*

2011

Niamh Hyland

1,725

N*

2011

Nuala Butler

4,007

N*

The Office of the Information Commissioner engages legal advisors for the following purposes; to act for the Commissioner in relation to appeals to the High Court of review decisions of the Commissioner and in relation to any subsequent appeal to the Supreme Court, to advise generally on procedural matters arising under the FOI Acts; to provide legal advice on the interpretation of the FOI Acts or of other statutes, or on other legal questions; to assist, where appropriate, in the drafting of decisions by the Information Commissioner or her staff under the FOI Acts and to advise, where appropriate, on referring questions of law to the High Court under subsection 42(5) of the FOI Acts.

The Office of the Commissioner for Environmental Information engages legal advisors for the following purposes; to act for the Commissioner in relation to appeals to the High Court, made under Article 13 of the Regulations and in relation to any subsequent appeal to the Supreme Court; to advise generally on matters arising from the Commissioner's role in the Regulation or the Directive, including matters of European law; to assist, where appropriate, in the drafting of decisions by the Commissioner or her staff and to advise, where appropriate, on referring questions of law to the High Court under Article 11(9) of the Regulations.

Office of the Ombudsman

Year

Name

Fees paid

Advice sought

Tender Y/N (if not why)

2006

Mason, Hayes & Curran

699

See below

Y

2006

Garrett Simons

303

N*

2006

Eileen Barrington

1090

N*

2007

Mason, Hayes & Curran

21,653

Y

2007

Bairbre O’Neill

968

N*

2008

Mason, Hayes & Curran

18,633

Y

2008

Berna Grist

3,230

N*

2008

Nuala Butler

1,032

N*

2009

Mason, Hayes & Curran

32,040

Y

2009

Gerard Durcan

13972

N*

2009

Siobhan Phelan

1,215

N*

2009

Niamh Hyland

8,246

N*

2010

Mason, Hayes & Curran

28,655

Y

2010

Nuala Butler

835

N*

2011

Berna Grist

2,500

N*

2011

Eamonn Galligan

907

N*

2011

Nuala Butler

2,783

N*

The Office of the Ombudsman engages legal advisors to provide legal advice on the interpretation of the Ombudsman Act, other statutes, statutory instruments, regulations etc. as applying to bodies within remit or on other legal questions and to represent the Ombudsman in any legal proceedings in which the Office is involved.

Standards in Public Office Commission (SIPO)

Year

Name

Fees paid

Advice sought

Tender Y/N (if not why)

2006

A & L Goodbody

11,326

See below

Y

2007

A & L Goodbody

96,251

Y

2007

Malone & Co.

8,558

N*

2008

A & L Goodbody

30,118

Y

2009

A & L Goodbody

6,014

Y

2010

A & L Goodbody

75,639

Y

2011

A & L Goodbody

54,562

Y

2011

Berna Grist

2,500

N*

2011

Oliver P. Morahan & Sons

14,074

N*

The Standards in Public Office Commission engages legal advisors for the following purposes; to advise on matters arising relating to the functions of the Standards Commission under the Ethics in Public Office Acts 1995 and 2001, the Electoral Act 1997, as amended, and the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001, including procedural matters; interpretation of the legislation; specific requests for advice received under the legislation, investigations under the Ethics in Public Office Acts 1995 and 2001; enquiries conducted under the Electoral Acts 1997, as amended, and the Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2001.

*The Offices of the Ombudsman/Information Commissioner/Commissioner for Environmental Information and the Standards in Public Office Commission engage legal advisors following the completion of formal tender processes. On occasion, Counsel is required to represent one of the Offices in the Courts. In such cases, Counsel is generally engaged on the recommendation of the relevant Office's legal advisors, having regard to the nature of the court case, the relevant expertise required and the availability of Counsel. Furthermore, the Offices are approved bodies under the Direct Professional Access (DPA) Scheme of the Bar Council. Occasionally, legal advice is urgently required from a person who is known to have expertise in a particular area and is familiar with the work of the Office. In such cases, Counsel is directly engaged under the DPA arrangements.

Public Appointments Service (PAS)

PAS uses the services of the CSSO and the AG's office in the significant majority of cases (if counsel are required they are retained by those Offices on PAS's behalf). Other expenditure on legal advice during this period is set out in the following table:

Year

Name

Fees paid

Advice sought

Tender Y/N (if not why)

2008

Matheson Ormsby Prentice

€17,000

Legal advice on a commercial contract of a particularly complex nature

NEmergency situation and therefore normal procurement rules were not followed

2010

Mason, Hayes and Curran

€990 + VAT

Legal advice on the drafting of a disciplinary process for dealing with absenteeism

Y

Commission for Public Service Appointments (CPSA)

Year

Name

Fees paid

Advice sought

Tender Y/N (if not why)

2006

Matheson, Ormsby, Prentice (MOP)

63,000

See below

Y

2007

Matheson, Ormsby, Prentice (MOP)

13,0000

Y

2008

Matheson, Ormsby, Prentice (MOP)

115,000

Y

2009

Matheson, Ormsby, Prentice (MOP)

88,000

Y

2010

Matheson, Ormsby, Prentice (MOP)

26,000

Y

2011

Matheson, Ormsby, Prentice (MOP)

21,000

Y

The Commission for Public Service Appointments engages legal advisors for the following purposes; provision of legal advice on the interpretation of the Public Service Management (Recruitment and Appointments) Act 2004, other statutes, statutory instruments, regulations as applying to Government Departments and Offices, Local Authorities, An Garda Síochána, the Health Information and Quality Authority, the Health Service Executive and any other Public Service body that may come within the Commission's remit; to provide advice on the conduct of investigations into allegations of breaches of the Commission's Codes of Practice; to review the findings and offer advice on reports of such investigations; to advise generally on procedural, implementation and related ancillary matters (to include but not be restricted to advices on matters relating to court proceedings) whether arising under the Public Service Management (Recruitment and Appointments) Act 2004 or otherwise.

State Laboratory

The State Laboratory did not directly seek legal advice from solicitors, Senior or Junior Counsel in the years 2006-2011. Any legal advice obtained was done through the offices of the Chief State Solicitor or the State Claims Agency and related to Fixed Term Contracts (2008) and compensation claims in connection with the issue of incorrect results (2009).

Office of Public Works (OPW)

Advisor

2006

2007

2008

2009

2010

2011

Advice Sought

Tender Yes/No

McCann Fitzgerald Sols

125,120

274,934

175,195

133,572

5,639

39,495

Decentralisation

*

McCann Fitzgerald Sols

441,109

483,6177

14,860

112,403

65,711

51,457

Nat Conference Centre

*

McCann Fitzgerald Sols

12,529

605

2,673

Engineering Services

*

McCann Fitzgerald Sols

5,536

Health & Safety

*

McCann Fitzgerald Sols

38,415

5,750

18,267

27,975

12,411

Project advice

*

McCann Fitzgerald Sols

1,071

Legal services Advice

*

Matheson Ormsby Prentice

3,054

4,362

Legal services Advice

*

Beauchamp Sols

865

Projects Advice

*

Beauchamp Sols

7,674

2,398

Procurement Advice

*

Beauchamp Sols

2,590

Personnel Advice

*

Beauchamp Sols

1,197

Heritage Advice

*

Beauchamp Sols

2,970

4,963

Historic Properties

*

William Fry Sols

18,966

571

11,885

Project & Property

*

William Fry Sols

2,782

Decentralisation

*

A&L Goodbody

18,336

2,391

4,554

Framework Agreement & Project Advice

*

A&L Goodbody

26,053

18,878

Project Advice

*

Arthur Cox

1,840

2,880

9,980

Procurement & Property Advice

*

Arthur Cox

10,902

Engineering Services-Contractors Conciliation

*

Brendan Walsh & Partners

80,000

Property Mgt Advice

*

Snr & Jnr Counsel

103,723

6,436

External Counsel

*

McKeever Rowan Sols

4,153

Property Advice

*

LK Shields Sols

47,365

Property Advice

*

Patrick F O’Reilly & Co Sols

32,972

Property Advice

*

Maxwells

7,584

Property Advice

*

Clifford Chance LLP

27,503

Property Advice

*

Mulcahy McDonagh

13,721

Engineering Services

*

Brian Lynch & Assoc

113,014

Property Mgt — Augustine House

*

Nael G Bunni

6,670

Engineering Services

*

O’Keeffe Moore & Woodstock

2,258

Property Mgt

*

Patrick F O’Reilly & Co Sols

12,221

Engineering Services

*

Simon J Kelly Ltd

1,283

Property Mgt

*

JF Goold & Co

1,078

Nat Monuments advice

*

Kieran T Flynn

1,110

Mins Office Advice

*

*The OPW have advised my Department, that in relation to the tendering process it will require more time to collate the information requested and it will revert directly to the Deputy when this is completed.

Valuation Office

The Valuation Office had no expenditure on legal services in the period in question.

Public Service Contracts

Sean Fleming

Question:

217 Deputy Sean Fleming asked the Minister for Public Expenditure and Reform if he will confirm if public servants’ contracts of employment, in general, only require one month’s notice of a person’s intention to retire or resign; if his well intentioned request for three months’ notice has no legal effect; and if he will make a statement on the matter. [31190/11]

The notice period required in contracts of employment can vary across the Public Service.

The three month notice period was introduced across the Public Service in light of the particular circumstances that we now face. It is anticipated that there could be a large increase in the number of retirements of staff in the run up to the end of the "grace period" i.e. the period during which the calculation of pension is unaffected by the pay reductions applied under the Financial Emergency Measures in the Public Interest (No 2) Act 2009 . In order to protect public services it is critical that management in each of the sectors have knowledge of the numbers of staff retiring and the business areas that will be affected by potentially large scale departures.

We are also required under the terms of our Memorandum of Understanding with the EU/ECB/IMF to make quarterly returns on the progress being made in relation to reductions in numbers. Accurate and early information on intended retirements will be an important part of this reporting requirement. It will provide information on whether the reduction in the public service pay bill arising from impending retirements is sufficient to meet our commitments under the Memorandum of Understanding.

In light of the potential demands on HR and pensions sections across the Public Service, the three month notice period will also allow time to process applications for retirement. While the three month notice period has no direct legal force, where staff fail to give the full three months notice it may result in a delay in the payment of their pension benefit.

The three month notice period was introduced specifically to deal with retirements coming up to February 2012 and further instructions will issue in relation to the notice period for retirements which take place after 29 February 2012.

Departmental Expenditure

Dara Calleary

Question:

218 Deputy Dara Calleary asked the Minister for Public Expenditure and Reform if he will outline the status of his negotiations with the Department of Justice and Equality regarding the overrun on Garda costs for the visits of Queen Elizabeth II and President Obama; and the measures that have been proposed by the Department of Justice and Equality to make up overspend. [31206/11]

My Department has been engaged with the Department of Justice about the matter of cost management on expenditure in connection with these events, and we expect shortly to receive a report from that Department in this regard.

Question No. 219 answered with Question No. 214.

Departmental Agencies

Mary Lou McDonald

Question:

220 Deputy Mary Lou McDonald asked the Minister for Jobs, Enterprise and Innovation if he will provide the following information regarding the agencies operating under the aegis of his Department (details supplied): the number of whole time equivalent staff, the number of board members, the chairpersons’ and board members’ respective remuneration packages; and the annual wage bill and the amount of central funding provided to each agency inclusive of wage bill. [30775/11]

The list provided by the Deputy refers to a variety of organisations and groups, including Expert Groups, Councils, two Agencies and two Offices of the Department. The information requested by the Deputy in respect of those Agencies that have a Board structure and separate staff complement is set out in Table 1.

In relation to the two Offices of the Department, the Office of the Registrar of Friendly Societies and the Patents Office, their staffing requirements are met from within the overall staff allocation for my Department. As regards the other organisations listed, namely:

Advisory Council for Science, Technology and Innovation,

Expert Group on Future Skills Needs,

Irish National Accreditation Board,

Management Development Council,

National Competitiveness Council,

Office of the Chief Scientific Adviser to the Government,

these are representative advisory Groups and Councils for which the Department or one of its Agencies provides secretariat support. The Department may, where appropriate, be represented on these bodies. The costs associated with these bodies are, in general, met from the resource allocations of the Department or of the Agency that hosts the Groups. However, the Expert Group on Future Skills Needs (EGFSN) reports jointly to me and to the Minister for Education and Skills. The costs of the EGFSN are met from the National Training Fund, which is administered by the Minister for Education and Skills.

Information in relation to the Irish Takeover Panel is being collated and I will arrange to forward it to the Deputy at the earliest opportunity.

Finally, I can advise the Deputy that, in March 2010, in light of the recommendations in the "McCarthy Report", a decision was taken that transferred the funding allocation previously made available by this Department in respect of the Irish Council for Bioethics (ICB) to the Department of Health and Children. Subsequently, as part of the programme for agency rationalisation and in line with the Government decision taken last year to dissolve the Council, I understand that an application seeking voluntary strike-off of the company was lodged with the Companies Registration Office in February of this year.

Table 1:

Agency

No. of WTE Staff

No. of Board Members

Remuneration Packages

Agency Wage Bill (2011 Est)

Total Agency Exchequer Funding (2011 Est)

InterTradeIreland1

47.11

12

Chairman — £8,570 Board Member — €8,100

€1,341,000

€8,041,000

National Standards Authority of Ireland2

163.55

13 (currently 9 with 4 vacancies)

Chairman — €11,970Board Member — €7,695

€13,237,068

€6,336,000 (excluding Capital of €500k)

Note 1: InterTradeIreland is one of the six North/South Implementation Bodies established under the Belfast Agreement (the ‘Good Friday Agreement') in 1998. It is jointly funded on a 2:1 ratio, respectively, by the Department of Enterprise, Trade and Innovation in Dublin and the Department of Jobs, Enterprise and Investment in Northern Ireland. Its total annual budget from both Departments in 2011 is €12m and the figures quoted in the table reflect my Department's contribution towards its wage bill and total running costs. The Board is made up of 6 representatives each from the South and the North of Ireland and the current Chairman is a representative from the North.

Note 2: The National Standards Authority of Ireland generates income from fees for services that it provides, which reduces the Exchequer contribution required to deliver its services.

Mary Lou McDonald

Question:

221 Deputy Mary Lou McDonald asked the Minister for Jobs, Enterprise and Innovation if he will provide a list of all non-commercial State agencies under the aegis of his Department. [30786/11]

The information requested by the Deputy is as follows:

The Competition Authority

The County and City Enterprise Boards

Enterprise Ireland

Forfás

The Health and Safety Authority

IDA Ireland

InterTradeIreland

The Irish Auditing and Accounting Supervisory Authority

The National Consumer Agency

The National Standards Authority of Ireland

The Personal Injuries Assessment Board

Science Foundation Ireland

Shannon Free Airport Development Co. Ltd.

Proposed Legislation

Clare Daly

Question:

222 Deputy Clare Daly asked the Minister for Jobs, Enterprise and Innovation the date on which he will bring forward the legislation to re-establish joint labour committees in view of their importance to the lives of the workers they cover and the statement by the Government that their re-establishment would be given the highest priority. [30809/11]

On 26 July 2011 the Government agreed a package of radical reforms to the Joint Labour Committee and Registered Employment Agreement wage setting mechanisms. The reform proposals deal with recommendations made and issues raised in the Independent Report on the JLC/REA systems (Duffy/Walsh report) as well as the outcome of the recent High Court ruling in the Grace Fried Chicken constitutional challenge.

The proposed measures will provide for the retention of the JLC and REA systems, subject to the reforms that are required to place them on a more secure legal and constitutional footing. They will also reinstate a robust system of protection for workers in these sectors in the aftermath of the High Court ruling.

Heads of a Bill to give effect to the reform proposals have been prepared by the Department of Jobs, Enterprise and Innovation, agreed by Government, and communicated to the Attorney General, who has agreed to give the highest priority to drafting this legislation. It is my intention to have a Bill ready to introduce to the Oireachtas at the earliest possible opportunity this term.

Financial Services Regulation

Joan Collins

Question:

223 Deputy Joan Collins asked the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to the fact that 93 industrial and provident societies have failed consecutively for the past five years to submit annual returns to the Registry of Friendly Societies; if his attention has been drawn to the fact that the non-filing of annual returns constitutes an offence under the Industrial and Provident Societies Acts; the number of consecutive years a society may fail to submit such returns before the Registry of Friendly Societies decides to implement the law and cancel the registration of such societies; and if he will make a statement on the matter. [30877/11]

Joan Collins

Question:

239 Deputy Joan Collins asked the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to the fact that societies registered by the Registrar of Friendly Societies are required by law to file an annual return with the Registry of Friendly Societies no later that the 31 March each year and that the non-filing of annual returns constitutes an offence under the Industrial and Provident Societies Acts; if he will list the name and address of each society registered by the Registrar of Friendly Societies under the Industrial and Provident Societies Acts which has failed to file an annual return for the years 2008, 2009 and 2010; and if he will make a statement on the matter. [31552/11]

I propose to take Questions Nos. 223 and 239 together.

As evidenced by previous replies to the Deputy in relation to this matter over the last 4 weeks (replies dated 20, 27 and 28 September and 11 October refer) I am aware that a number of Industrial and Provident societies have failed to file annual returns to the Registry of Friendly Societies, and of the legislative position with regard to same.

The initiation of enforcement action is a matter for the Registrar of Friendly Societies, and I have previously advised the Deputy that the Registrar is now considering such action in respect of Industrial and Provident societies, following on from targeted enforcement campaigns in 2010 and 2011 of Friendly Societies and Trade Unions.

It is not the practice of the Registrar to publish lists of societies in instances where enforcement action is under consideration. In the event that enforcement action is taken against a society notice is published in Iris Oifigiúil, and in the next subsequent Annual Report of the Registrar of Friendly Societies, which lists societies that are cancelled during that year. The Registry also holds the individual file of each society, the information on which is available for inspection by the public. It is open to the Deputy to make enquiries to the Registry of Friendly Societies regarding any individual named society.

Departmental Agencies

Mary Lou McDonald

Question:

224 Deputy Mary Lou McDonald asked the Minister for Jobs, Enterprise and Innovation if all non-commercial State agency employees under his Department’s aegis are paid directly from the Exchequer. [30891/11]

The employees of the Personnel Injuries Assessment Board (PIAB) and Shannon Development are not paid out of Exchequer funds but are paid from the own resource income of the agencies themselves. In the case of the remaining non-commercial State agencies coming under my Department's remit, the employees are paid out of Exchequer funds, subject to the following exceptions and clarifications:-

Forfás

Forfás has one fixed term contract position, located with the Discover Science & Engineering Programme, the funding for which is provided by the European Space Agency. The salary cost of three members of Forfás staff, based with the Irish National Accreditation Board (INAB) is met through fee income generated from accreditation activities. In addition, the partial cost of a small number of other staff, supporting the work of the Expert Group on Future Skills Needs, (equivalent to approx 2.5 full time equivalents) is met from the National Training Fund.

Irish Auditing and Accounting Supervisory Authority (IAASA):

Pursuant to section 14 of the Companies (Auditing and Accounting) Act 2003, a grant not exceeding 40% of IAASA's programme of expenditure is provided by the Exchequer. The remaining 60% is funded by a levy on each prescribed accountancy body that is subject to the supervision of IAASA. The exception to this framework is the funding for IAASA's functions under the Transparency (Directive 2004/109/EC) Regulations 2007 (S.I. 277 of 2007) which is provided solely by the Exchequer.

National Consumer Agency

The payroll of 20 staff on secondment to the National Consumer Agency from the Central Bank is funded by the financial services sector by means of a levy. The payroll is managed by the Central Bank on behalf of the National Consumer Agency. All other staff of the Agency are paid directly from the Exchequer.

InterTradeIreland

Two-thirds of InterTradeIreland's costs are paid from the Vote of the Department of Jobs, Enterprise and Innovation. One-third of the body's costs are paid by the Northern Ireland Department of Enterprise, Trade and Investment

The National Standards Authority of Ireland (NSAI)

The Exchequer grant to the National Standards Authority of Ireland is solely for payroll purposes. However, the amount allocated equates to approximately 47% of the total payroll costs incurred by the organisation. The remainder is funded from own resourced income through fees charged for standards and certification services.

Employment Support Services

Peadar Tóibín

Question:

225 Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the grants or funding available to a person (details supplied). [30926/11]

My Department does not provide direct funding or grants to businesses but rather provides funding to a number of State Agencies, including the County and City Enterprise Boards (CEBs) and Enterprise Ireland, through whom assistance is delivered directly to businesses. The role of the CEBs throughout the country is to provide a source of support for micro-enterprise in the start-up and expansion phases, to promote and develop indigenous micro-enterprise potential and to stimulate economic activity and entrepreneurship at local level. The CEBs unique role positions them as a first point of contact for persons wishing to set up in business. The Boards give priority to manufacturing and internationally traded services, and support micro-enterprise businesses through both financial (grants) and non-financial (advice, training and mentoring) "soft supports", subject to certain eligibility criteria and provided that the proposed projects have the capacity to achieve commercial viability.

CEBs can assist in the establishment, and/or development, of new and existing micro-enterprise businesses subject to the following main eligibility criteria:

the enterprise must be in the commercial sphere;

the enterprise must demonstrate a market for the product/service;

the enterprise must have a capacity for growth and new job creation;

the enterprise must not employ more than 10 people;

the enterprise must not give rise to deadweight or displacement.

It is considered inappropriate to support areas such as retail enterprises, personal services (e.g. hairdressers, gardeners, etc), professional services (accountants, solicitors, etc) lacking export potential, construction, etc, as it is considered that these generally give rise to unacceptable deadweight (where projects would have proceeded anyway) and/or displacement (where the projects simply displace business from other players in the market) concerns.

Longford CEB have advised me that the business promoter has availed of the soft supports offered by the CEB and, whilst not every business may be eligible for direct financial grant support, the services of the CEB remain available to the business as appropriate and the promoter is therefore advised to remain in contact with the CEB going forward. The Board may be contacted at: Longford County Enterprise Board, Longford Enterprise Centre, Templemichael, Ballinalee Road, Longford. Phone: 043 3342757, Email: info@longfordceb.ie.

Departmental Expenditure

Anne Ferris

Question:

226 Deputy Anne Ferris asked the Minister for Jobs, Enterprise and Innovation if he will provide details for the years 2006 to 2011, inclusive, of the arrangements entered into by him, any body under his aegis or any State agency for which he has responsibility for the obtaining of advice from a senior or junior counsel and or a firm of solicitors; the subject matter for which advice was sought; the names of the barristers and solicitors’ firms concerned and the fees paid; the nature of the work concerned; if, in each case, the matter was advertised for competitive tender and if not, the reason; and if he will make a statement on the matter. [30971/11]

The information requested by the Deputy for the period from 2007 to the present date is set out in the following tables. The information from 2007 to end-October 2010 had already been collated in response to a previous Parliamentary Question that consumed considerable resources within my Department at the time. Information relating to the year 2006 is not readily available and the compilation of this information dating back more than five years would consume a disproportionate amount of resources in my Department at a time of significant work pressure. However, if the Deputy considers that the information relating to 2006 is particularly relevant and essential, I will arrange for the relevant data to be provided in due course.

In general, as with all Government Departments, my Department obtains most of its legal advice through the services of the Office of the Attorney General, although certain Offices of my Department, for example, the Office of the Director of Corporate Enforcement and the Companies Registration Office, employ dedicated legal expertise given the specialised nature of the work involved.

2011 Payments (to 21 October 2011)

Name of Company/ Payee

Purpose

Cost(€)

Was Competitive Tendering Process Held? (Yes/No)

Reason Competitive Tendering was not undertaken

Rosemary Healy-Rae, BL

Legal Advice to NERA

€968

Yes

Below threshold for public advertising of contract

Noel J. Travers BL.

Legal Settlement on Scrutiny of set of Regulations in connection with the transposition of Directives 2010/35/EU on transportable pressure equipment and 2010/61/EU on the carriage of dangerous goods by road

€2,247

Yes

Below threshold for public advertising of contract

Conor Feeney BL.

Legal Scrutiny and settlement of set of Regulations giving further effect to Regulation (EC) No. 1907/2006, as amended by Commission Regulation (EC) No. 552/2009 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), and establishing a European Chemicals Agency

€584

Yes

Below threshold for public advertising of contract

Remy Farrell

Counsel’s Opinion / Advices(ODCE)

€544

See Footnote 1

Drawn from Panel of Legal Professionals.

Úna Ní Raifeartaigh

Counsel’s Opinion / Advices(ODCE)

€29,645

See Footnote 1

Drawn from Panel of Legal Professionals.

2010 Payments

Name of Company/Payee

Purpose

Cost(€)

Was Competitive Tendering Process Held? (Yes/No)

Reason Competitive Tendering was not undertaken

Nessa Cahill

Counsel’s Opinion / Advice (ODCE)

€3,896

See Footnote 1

Drawn from Panel of Legal Professionals.

Declan Murphy

Counsel’s Opinion / Advice(ODCE)

€3,339

See Footnote 1

Drawn from Panel of Legal Professionals.

Remy Farrell

Counsel’s Opinion / Advice(ODCE)

€3,237

See Footnote 1

Drawn from Panel of Legal Professionals.

John Hennessy BL

Advice in relation to investigations under Section 19 of the Companies Act 1990.

€15,246

No

Nominated by the Chief State Solicitor’s Office (CSSO).

Conor Feeney BL.

Legal Settlement on Scrutiny of set of Regulations in connection with the transposition of Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestosat work

€605

Yes

Below threshold for public advertising of contract

Noel J. Travers BL.

Legal Settlement on Scrutiny of 5 sets of Regulations in connection with the transposition of Directive 2008/68/EC on inland transport of dangerous goods on behalf of the Department and Department of Transport

€ 5,150*(* €1,283 refunded from Dept. of Transport)

Yes

Below threshold for public advertising of contract

Brian Murray

Advices (ODCE)

€10,214

See Footnote 1

Drawn from Panel of Legal Professionals.

Caroline Costello

Advices (ODCE)

€424

See Footnote 1

Drawn from Panel of Legal Professionals.

Paul Anthony McDermott

Advices (ODCE)

€14,218

See Footnote 1

Drawn from Panel of Legal Professionals.

Paul O’Higgins

Advices (ODCE)

€5,143

See Footnote 1

Drawn from Panel of Legal Professionals.

Thomas C. Smyth

Advices (ODCE)

€32,670

See Footnote 1

Drawn from Panel of Legal Professionals.

Nessa Cahill

Advices (ODCE)

€1,892

See Footnote 1

Drawn from Panel of Legal Professionals.

Tom Mallon

Advices (ODCE)

€557

See Footnote 1

Drawn from Panel of Legal Professionals.

Remy Farrell

Advices (ODCE)

€756

See Footnote 1

Drawn from Panel of Legal Professionals.

Catherine Donnelly

Advices (ODCE)

€4,235

See Footnote 1

Drawn from Panel of Legal Professionals.

Kilroys Solicitors

Provision of legal advice on Export Credit Insurance issues

€7,213

No

Specialist expertise, where detailed knowledge of the specific individual policies is a prerequisite.

Rosemary Healy — Rae, BL

Legal Advice received by NERA forLabour Court Representation

€2,286

Yes

Below threshold for public advertising of contract.

2009 Payments

Name of Company/Payee

Purpose

Cost(€)

Was Competitive Tendering Process Held? (Yes/No)

Reason Competitive Tendering was not undertaken

John Hennessy BL

Advice in relation to investigations under Section 19 of the Companies Act 1990

€503

No

Nominated by the Chief State Solicitor’s Office (CSSO).

John Hennessy BL

Advice in relation to investigations under Section 19 of the Companies Act 1990

€1,823

No

Nominated by the Chief State Solicitor’s Office (CSSO).

Brian Murray

Representation in Court / Advices (ODCE)

€7,341

See Footnote 1

Drawn from Panel of Legal Professionals.

Maurice G Collins

Representation in Court / Advices (ODCE)

€121,840

See Footnote 1

Drawn from Panel of Legal Professionals.

Nessa Cahill

Advices (ODCE)

€3,130

See Footnote 1

Drawn from Panel of Legal Professionals.

Paul O’Higgins

Representation in Court / Advices (ODCE)

€35,235

See Footnote 1

Drawn from Panel of Legal Professionals.

Philip Rahn

Representation in Court / Advices (ODCE)

€8,602

See Footnote 1

Drawn from Panel of Legal Professionals.

Remy Farrell

Representation in Court / Advices (ODCE)

€18,740

See Footnote 1

Drawn from Panel of Legal Professionals.

Quinlan Dillon & Company

Representation in Court / Advices (ODCE)

€75

No

Below threshold for public advertising of contract

Kilroys Solicitors

Provision of legal advice on Export Credit Insurance issues

€32,336

No

Specialist expertise, where detailed knowledge of the specific individual policies is a prerequisite.

Mason Hayes Curran

Public Procurement Advice

€24,247

Yes

Below threshold for public advertising of contract.

2008 Payments

Name of Company/Payee

Purpose

Cost(€)

Was Competitive Tendering Process Held? (Yes/No)

If not, please indicate reason (for information of Minister and Secretary General)

Mason, Hayes & Curran

Legal Advice on Procurement Issues.

€8,534

Yes

Below threshold for public advertising of contract.

Kilroys Solicitors

The provision of legal advice on issues arising in the operation of the Export Credit Insurance Scheme as and when required.

€16,263

No

Specialist expertise, where detailed knowledge of the specific individual policies is a prerequisite.

Emily Gibson BL

Legal Services for the Advisory Group on Media Mergers

€5,596

No

Restricted tender, as below threshold for public advertising of contract

John Hennessy BL

Advices in relation to investigations Under Section 19 of the Companies Act 1990

€13,431

No

Nominated by the Chief State Solicitor’s Office (CSSO).

Mathias Kelly QC

Advice in connection with investigations under Section 19 of the Companies Act 1990

€167,171

No

Nominated by the Office of the Attorney General.

Mason Hayes Curran

Public Procurement Advice (CRO)

€57,540

Yes

Below threshold for public advertising of contract.

2007 Payments

Name of Company/Payee

Purpose

Cost(€)

Was Competitive Tendering Process Held? (Yes/No)

If not, please indicate reason (for information of Minister and Secretary General)

John Gleeson S.C.

Legal Services in connection with functions of the Labour Court

€960

No

Below threshold for public advertising of contract.

Mason Hayes & Curran

Legal Advice (NERA)

€16,611

Yes

Below threshold for public advertising of contract.

John Hennessy BL

Advices in relation to investigations under section 19 of the Companies Act 1990

€126,324

No

Nominated by the Chief State Solicitor’s Office (CSSO).

Matthias Kelly QC

Advice in connection with investigations under section 19 of the Companies Act 1990

€162,742

No

Nominated by the Office of the Attorney General.

Mason Hayes Curran

Public Procurement Advice (CRO)

€14,744

Yes

Below threshold for public advertising of contract.

McCann Fitzgerald

Legal advice in relation to the Industrial and Provident (I&P) Acts (CRO)

€18,184

No

Specialist knowledge of the issues.

Footnote 1 — The ODCE employs its own in-house solicitors and, accordingly, rarely engages external solicitors (though external solicitors are regularly used to witness the swearing of affidavits by ODCE staff). In accordance with general practice in this area, the solicitors employed by the ODCE identify, and engage Counsel to provide advice to, and represent, the ODCE. Counsel are selected on the basis of their knowledge and experience of the issues involved in the relevant cases with a view to achieving successful outcomes for the Office. The Office maintains a Panel of Legal Professionals who expressed an interest in being assigned work by the Office on foot of public advertisement. Inclusion on the Panel is open to all suitably qualified legal professionals.

Mary Lou McDonald

Question:

227 Deputy Mary Lou McDonald asked the Minister for Jobs, Enterprise and Innovation the annual cost of the licensed payroll system, CorePay, to his Department. [31060/11]

Core International license their CorePay payroll system by way of an annual maintenance and support charge on the elements installed. My Department's records indicate that for 2011 this charge amounts to €16,459.32. Additional Core licencing was required for new functionality modules implemented during 2011. My Department's records indicate that these licences cost €30,129 and attract a maintenance and support charge of €1,542.75 in 2011 and €6,534 per annum thereafter. All figures are inclusive of VAT.

Organised Crime

Mattie McGrath

Question:

228 Deputy Mattie McGrath asked the Minister for Jobs, Enterprise and Innovation the number of cash for gold companies that currently exist here; the number of new cash for gold companies that have been established in the past two years; the industry specific regulations by which these companies are regulated; his views on whether this industry requires some industry specific regulations; his plans to introduce industry specific regulations to address growing levels of crime involving the theft of jewellery; and if he will make a statement on the matter. [31095/11]

My Department does not maintain official statistics on the number of cash for gold companies.

As regards the possible link between this trade and criminality I understand that my colleague the Minister for Justice and Equality is finalising a report on the "Cash for Gold" trade. I also understand from my colleague the Minister for Justice and Equality that his Department has been in contact with the Commissioner of An Garda Síochána with a view to monitoring the situation. The Commissioner has reported that all "Cash for Gold" premises have been visited by An Garda Síochána and the operators of these businesses have been made aware of their responsibilities and obligations with regard to purchasing gold and jewellery.

Mattie McGrath

Question:

229 Deputy Mattie McGrath asked the Minister for Jobs, Enterprise and Innovation the number of scrap, iron and metal yard companies that currently exist here; the number of new companies that have been established in the past two years; the industry specific regulations by which these companies are regulated; his views on whether this industry requires some industry specific regulations; his plans to introduce same to address growing levels of crime involving the theft of scrap metals; and if he will make a statement on the matter. [31096/11]

My Department does not maintain official statistics on the number of scrap, iron and metal yard companies. Neither does my Department have any sector specific regulations in relation to these companies. Insofar as there is a possible link between such companies and criminality the appropriate authority for dealing with such criminality would be An Garda Síochána to whom all thefts of scrap metals should be reported.

Departmental Agencies

Charlie McConalogue

Question:

230 Deputy Charlie McConalogue asked the Minister for Jobs, Enterprise and Innovation the services currently being provided through the Industrial Development Agency office in Letterkenny, County Donegal; the staff numbers currently based there; if there has been a reduction in the staff numbers operating from the office in recent times; and if he will make a statement on the matter. [31274/11]

Charlie McConalogue

Question:

231 Deputy Charlie McConalogue asked the Minister for Jobs, Enterprise and Innovation if it is planned to continue to base the new north west regional manager of the Industrial Development Agency at the IDA office in Letterkenny, County Donegal, as has been the case in the past; and if he will make a statement on the matter. [31276/11]

I propose to take Questions Nos. 230 and 231 together.

IDA is an autonomous agency set up by statute with a mandate to attract foreign direct investment from manufacturing and internationally-traded services companies into Ireland, and to support new and existing FDI operations so as to maximise the related industrial employment, output, exports, economy expenditures including wages, and corporation tax contributions.

The management and location of IDA staff is a day-to-day operational matter for the Agency and not one in which I have a function. IDA decides where it needs its resources in order that it can meet its strategic goals. IDA Ireland's strategy, "Horizon 2020” sets out the Agency’s targets for direct job creation in the FDI sector to 2014 of 62,000 direct jobs in 640 investment projects over the period, resulting in an additional 105,000 jobs overall in the economy. In implementing this ambitious strategy the Agency has also set specific regional goals of

Securing 50% of all investments into locations outside of Dublin and Cork.

Transforming the existing FDI base across the country to develop, retain and grow employment in client companies operating here.

In the context of achieving successful implementation of its strategy and challenging job creation targets, IDA is maximising efficiency through increasing the organisation's focus on business generation/client facing activities, which will ultimately benefit all regions. During 2010, a Business Transformation Process was carried out in IDA, which examined every job in the organisation. The outcome provided opportunities to free up staff resources for core business generation activities and needs to ensure that IDA meets its job targets.

The Agency informs me that the North West Region was in the unique position of having 2 offices; one in Letterkenny and one in Sligo. These have now been merged into one North West regional office in Sligo where the new North West Regional manager will be based, when appointed. IDA continues to have two people working out of the Letterkenny office and informs me that no staff cuts have taken place in Letterkenny.

Under the National Spatial Strategy, Letterkenny is one of 9 Gateway locations and will continue to be a key location of focus for the winning of foreign direct investments. The North West Region has 36 IDA client companies employing almost 5,000 people. Indeed, Letterkenny had 2 key client announcements in the past year with the 200 person expansion of United Health Group, who now employ over 400 people, and Zeus, who expanded their manufacturing facility and will create 75 additional jobs. Examples of other client companies in Letterkenny are Pramerica with 800 employees; Sita, 90 employees; Medisize, 140 employees and Abbot with 140 employees.

Health and Safety Regulations

Caoimhghín Ó Caoláin

Question:

232 Deputy Caoimhghín Ó Caoláin asked the Minister for Jobs, Enterprise and Innovation if regulation 30 of SI 299 of 2007, Safety, Health and Welfare at Work (General Application) Regulations 2007, is the only regulation governing the testing of local exhaust ventilation; his views on whether this regulation is insufficient to protect workers from equipment which might cause exposure to substances that cause asthma and other health problems, including contaminants; if he will legislate for mandatory testing of local exhaust ventilation as in other European countries to protect workers from airborne contaminants; and if he will make a statement on the matter. [31277/11]

The Safety, Health and Welfare at Work Act 2005 (No. 10 of 2005) requires every employer to ensure, in so far as is reasonably practicable, the safety health and welfare at work of his or her employees. The employer's duty extends to the design, provision and maintenance of plant and machinery or any other articles that are safe and without risk to health.

Regulation 30, of Safety, Health and Welfare at Work (General Application) Regulations 2007 (S.I. No. 299 of 2007), is concerned with inspection of work equipment both permanently installed and also equipment that is moved from place to place requiring assembly each time. Work equipment can be subject to a wide range of causes of deterioration which in turn can present workplace hazards. Regulation 30 provides that equipment should not go into use until it has been inspected by a competent person to ensure that it has been properly installed and is safe for operation. Inspection relates to a wide range of hazards. Evidence of such inspections must be recorded and kept available for inspection by the Health and Safety Authority. Regulation 30 (b) (i) provides for periodic testing where appropriate.

In addition in relation to chemical agents, Regulation 6(1)(b) of the Safety, Health and Welfare at Work (Chemical Agents) Regulations 2001 (S.I. No. 619 of 2001) places a duty on employers to ensure that any engineering control measure, which can include local exhaust ventilation (LEV) systems, is properly maintained and used. It requires the employer to ensure that adequate inspection, testing and maintenance of plant and equipment occurs. As LEV systems vary in complexity, the frequency of maintenance and testing specified by the manufacturer, supplier or European Standard should be observed as a minimum.

The above regulations derive in the main from EU law which has been formulated taking into account the wide range of hazards which can arise in workplaces. In relation, inter alia, to equipment which might cause exposure to substances that cause asthma and other health problems, including contaminants, the 2005 Act provides that it is the duty of employers in all workplaces to identify hazards and to put in place measures to control exposure to such hazards. Compliance with this general duty, in addition to the specific duties set out above, should provide adequate protection for workers.

Departmental Agencies

Mary Lou McDonald

Question:

233 Deputy Mary Lou McDonald asked the Minister for Jobs, Enterprise and Innovation if he will provide a list of all commercial semi-State companies under his aegis. [31396/11]

I can advise the Deputy that none of the agencies under the aegis of my Department are commercial semi-State companies.

Proposed Legislation

Clare Daly

Question:

234 Deputy Clare Daly asked the Minister for Jobs, Enterprise and Innovation if he will bring forward legislation to criminalise the problem of forced labour, which is necessary for Ireland to become compliant with Article 4 of the European Convention on Human Rights; the date for bringing forward this legislation; and if he will make a statement on the matter. [31437/11]

Forced labour in the context of trafficking is currently criminalised by the Criminal Law (Human Trafficking) Act 2008 which is legislation that falls within the remit of the Minister for Justice, Equality and Defence. As regards the act of forced labour without trafficking, I would point out that international instruments such as those of the International Labour Office draw a clear distinction between employment i.e. voluntary labour, on the one hand, and forced labour, on the other.

Employment rights and industrial relations legislation, which falls within my remit, regulates matters arising during, or on termination of, a contract of employment and is concerned with matters relating to voluntary employment. While it can and does make provision for criminal offences, it is almost unheard of in practice and the vast majority of issues arising are dealt with by quasi-judicial tribunals or by arbitration e.g. Rights Commissioners.

Forced labour or slavery can embrace activities that are much more serious than the mere failure to respect labour laws and working conditions and which by definition are not based on contracts of employment. I understand that other jurisdictions, such as is the case in the United Kingdom, have made provision with regard to slavery, servitude and forced labour under their respective criminal codes. I have no plans to bring forward legislation on forced labour that might be most appropriately achieved within the criminal law code.

Consumer Protection

Peter Mathews

Question:

235 Deputy Peter Mathews asked the Minister for Jobs, Enterprise and Innovation if mortgages from local authorities fall under the remit of the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995; and if he will make a statement on the matter. [31458/11]

The European Communities (Unfair Terms in Consumer Contracts) Regulations, which gave effect to the corresponding European Council Directive on Unfair Terms in Consumer Contracts, applies to any term in a contract concluded between a seller of goods or supplier of services and a consumer which has not been individually negotiated. Whilst contracts for financial services such as mortgages may indeed come within the scope of the Regulations, certain terms within such contracts are excluded from the scope of the Regulations. It is ultimately a matter for the courts to determine whether a specific term of a contract is unfair having regard to the features of the contract and the particular provisions of the regulations.

Departmental Correspondence

John McGuinness

Question:

236 Deputy John McGuinness asked the Minister for Jobs, Enterprise and Innovation his response to a submission made to him dated 9 August 2011 from an organisation (details supplied); if the issues raised have been sorted or resolved; and if he will make a statement on the matter. [31479/11]

A comprehensive response to the submission from the Electro-Technical Council of Ireland (ETCI) was sent to Mr Hanly on 5 October. In relation to the issues raised in the submission, in particular, international memberships, the position is that the National Standards Authority of Ireland (NSAI) took the view that, given the extent of the public funding, both direct and indirect, provided by it for the work of the ETCI, a private company, that it would be more appropriate and transparent if NSAI took over the international memberships directly. As Ireland's National Standards Body, set up under the NSAI Act of 1996, it is entirely appropriate that NSAI is the member of these organisations while the ETCI functions as the sectoral committee. This shift in membership secures Ireland's membership of these international institutions for the future. I understand that the NSAI and the ETCI have concluded a Memorandum of Agreement under which NSAI has taken over as the Irish member of the European Committee for Electrotechnical Standardization (CENELEC) and the International Electrotechnical Commission (IEC).

The submission also raised concerns about the enforcement of Health and Safety legislation and I am informed that senior executives of ETCI recently met with the Health and Safety Authority to discuss this matter. As the issues concerning the Commission for Energy Regulation fall within the remit of the Minister for Communications, Energy and Natural Resources, the submission was forwarded to that Department for consideration and direct reply to the Deputy's correspondent.

Enterprise Support Services

Michael Healy-Rae

Question:

237 Deputy Michael Healy-Rae asked the Minister for Jobs, Enterprise and Innovation the position regarding a start-up grant in respect of a person (details supplied); and if he will make a statement on the matter. [31485/11]

My Department does not provide direct funding or grants to businesses but provides funding to a number of State Agencies, including the County and City Enterprise Boards (CEBs) and Enterprise Ireland, through whom assistance is delivered directly to businesses. The role of the CEBs throughout the country is to provide a source of both financial and non-financial assistance support for eligible micro-enterprises in the start-up and expansion phases, to promote and develop indigenous micro-enterprise potential and to stimulate economic activity and entrepreneurship at local level.

The CEBs unique role positions them as a first point of contact for persons wishing to set up in business. I am advised that Kerry CEB has not had contact with the promoter to initiate a grant application. The project promoter may therefore in the first instance wish to contact Kerry CEB to discuss what options may be available to him. Kerry CEB may be contacted directly at Kerry County Enterprise Board, County Buildings, Rathass, Tralee, Co. Kerry, Phone: 066-7183522 Email: kerryceb@kerrycoco.ie. Alternatively, contact details for the CEB network are available through their national website www.enterpriseboards.ie.

Departmental Expenditure

Billy Kelleher

Question:

238 Deputy Billy Kelleher asked the Minister for Jobs, Enterprise and Innovation the total expenditure in 2010 on information and communications technology, ICT, including staff costs, support and maintenance services, hardware, software and external resources, including consultancies, contractors and service providers and that of all agencies under the aegis of his Department. [31521/11]

My Department's ICT End of Year Statement for 2010, as submitted to the Department of Public Expenditure and Reform, indicates that total expenditure on ICT costs in that year, exclusive of staff costs, was €6,857,783. My Department's ICT Start of Year Statement for 2010 estimates ICT staff costs for the period, on the basis of staff complement and the mid-point salary per grade excluding overheads, at €1,497,680. The ICT costs of agencies under the remit of my Department is a day-to-day operational matter for those agencies.

Question No. 239 taken with question No. 223.

Social Welfare Benefits

Paudie Coffey

Question:

240 Deputy Paudie Coffey asked the Minister for Social Protection the position regarding rent supplement in respect of a person (details supplied) in County Waterford; and if she will make a statement on the matter. [30815/11]

The community welfare service (CWS), and the community welfare officers providing it, transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP. The person concerned has been awarded rent supplement from 1st August 2011. The first payment including arrears was made on 24th October.

Social Welfare Code

Eoghan Murphy

Question:

241 Deputy Eoghan Murphy asked the Minister for Social Protection if her attention has been drawn to the fact that approved retirement funds are liable to PRSI at class S and those with an annuity of an equal amount are exempt from paying PRSI; and if she will make a statement on the matter. [30844/11]

Under social welfare legislation any payments received by way of pension are not regarded as reckonable emoluments for the purposes of self-employed Pay Related Social Insurance (PRSI). Pension annuities provide a secure means of converting savings into pension income to be paid over the span of the individual's life and thereby avoid the danger that pensioners could exhaust their pension savings in their lifetime. Annuities payable under a retirement annuity contract are, therefore, regarded as a payment by way of pension and not subject to PRSI.

Approved retirement funds or ARFs are funds managed by a qualifying fund manager into which an individual may invest the proceeds of their pension fund when they retire. The income and gains of such funds are exempt from tax within the fund. Any amounts withdrawn from an ARF are referred to as a distribution. A distribution is treated as income from an employment and accordingly subject to income tax within the PAYE system. Unlike annuity products, ARFs are not pensions but are treated as assets. As such, distributions from ARFs fall within the charge to self-employed PRSI. It should however be noted that only distributions made before pension age will attract the charge to PRSI as social insurance only applies to individuals between the ages of 16 and 66. Once the individual reaches pension age, PRSI will not be charged.

Social Welfare Appeals

Billy Timmins

Question:

242 Deputy Billy Timmins asked the Minister for Social Protection the position regarding mortgage interest supplement appeals which are taking more than six months for a decision; if they will be expedited; and if she will make a statement on the matter. [31435/11]

Following on from the transfer of the Community Welfare Service from the Health Services Executive (HSE) to the Department of Social Protection, with effect from Saturday 1st October, legislation was commenced which provides that appeals for supplementary welfare allowance (SWA), which includes Mortgage Interest Supplement, are now made to the Social Welfare Appeals Office. Up to now, the legislation provided for a 2 step process, first to the Health Services Executive (HSE) and, if still dissatisfied, to the Social Welfare Appeals Office.

I am aware that the processing times for appeals is very considerable. I am assured by the Chief Appeals Officer that she is keeping the methods of operation by which the Social Welfare Appeals Office conducts its business under constant review, and that the processes are continuously being enhanced to reduce the backlogs in the Office and, overall, to reduce the processing times for dealing with appeals.

Pension Provisions

Nicky McFadden

Question:

243 Deputy Nicky McFadden asked the Minister for Social Protection if she will consider the possibility of allowing unemployed persons who intend to emigrate to encash their accumulated funds in the private pension scheme to fund their travel and upkeep while abroad; and if she will make a statement on the matter. [31445/11]

As you are aware, pensions are a long-term investment aimed at ensuring that a person has an adequate income in retirement. Government policy supports this aspiration. However, under the provisions of the Pensions Act 1990, if a person with less than two years qualifying service leaves a pension scheme, they are entitled to a refund to the value of their own contributions less tax at the basic rate. The Pensions Act also provides that a person can transfer their pension rights to a scheme operated by their new employer or to a vehicle which is capable of accruing pension benefits. There are no proposals at present to amend the legislation to provide for further access to pension funds.

Employment Support Services

Sean Fleming

Question:

244 Deputy Sean Fleming asked the Minister for Social Protection if she will consider a reduction in the JobBridge criteria from 12 weeks to four weeks to facilitate students who wish to participate in this scheme; and if she will make a statement on the matter. [31454/11]

In order for an individual to be eligible to participate in JobBridge, the National Internship Scheme, an individual must:

be currently in receipt of a live claim (Jobseekers Allowance/Jobseekers Benefit/Signing for Credits) on the Live Register;

have been in receipt of Jobseekers Benefit, Jobseekers Allowance or signing for Social Insurance Contribution Credits for a total of 78 days or more in the last 6 months.

Time spent on Back to Education Allowance, VTOS, FÁS/Fáilte Ireland Training courses, Youthreach, FIT, Community Employment Schemes, TÚS, the Rural Social Scheme, Back to Work Scheme, FÁS Job Initiative or Job Assist may now count towards the 78 day qualifying period. However, individuals must still have signed back on to the Live Register and be in receipt of JobSeekers Benefit/Allowance or Jobseeker credits immediately before commencing on JobBridge.

The policy objective of the Scheme is to prioritise scarce resources on those on the Live Register so as to increase their chances of leaving it thereby ensuring a reduction in Exchequer costs over time. The optimum time for interventions of this nature is at three months and, therefore, the 3 month eligibility criteria for the scheme will remain in place.

Redundancy Payments

Pat Breen

Question:

245 Deputy Pat Breen asked the Minister for Social Protection the reason a person (details supplied) has not been facilitated; and if she will make a statement on the matter. [31549/11]

There is no record in the Department of a redundancy claim having been received from the person referenced by the Deputy.

Social Welfare Benefits

Brendan Griffin

Question:

246 Deputy Brendan Griffin asked the Minister for Social Protection if a person (details supplied) in County Kerry is eligible for participation in a community employment scheme; and if she will make a statement on the matter. [30754/11]

Under the current community employment eligibility guidelines, the person concerned is not eligible to apply for a position on the programme as he is not in receipt of any payment from the Department of Social Protection. He would need to be in receipt of one of the qualifying payments to be eligible or be in receipt of Jobseekers Benefit/Assistance for at least 12 months prior to participation. A full listing of the eligibility criteria for community employment is available at: http://www.fas.ie/en/Communities/Community+Employment/Eligibility+-+Participant/default.htm

Social Welfare Code

Kevin Humphreys

Question:

247 Deputy Kevin Humphreys asked the Minister for Social Protection about the recommendations the advisory group on tax and social welfare has made to date; the date on which she expects the group to advise on PRSI rates and social welfare entitlements for the self-employed; and if she will make a statement on the matter. [30757/11]

Creating jobs and tackling poverty are two of the key challenges that we face. It is essential that our tax and social protection systems play their part in addressing these issues and ensure that work is worthwhile. To this end, I established an Advisory Group on Tax and Social Welfare last June. The main rationale for setting up the Advisory Group is to harness expert opinion and experience in order to address a number of specific issues and to make cost-effective proposals for improving employment incentives and achieving better poverty outcomes, particularly child poverty outcomes.

The Advisory Group has been asked to examine a number of specific issues and make recommendations on these, including child and family income supports, working age income supports, the appropriate unit of assessment in both the tax and social welfare codes, the interaction of the tax and social welfare codes, issues concerning social insurance for self-employed people and any other issues that may be referred to it.

The Group's method of working is based on producing modular reports on the priority areas identified in the terms of reference. Where possible, the aim is to provide recommendations that can be acted upon in time for the annual budget/estimates and legislative cycle and to allow the Government to best address its commitments under the EU/IMF Programme of Financial Support.

I understand that the Group is currently prioritising the area of family and child income supports so that it can make a contribution in time for the 2012 Budget and I expect to receive recommendations in this regard in the near future. Thereafter, I expect that the Group will address the other issues provided for in its work programme including that of social welfare entitlements for the self-employed.

Employment Support Services

Brendan Griffin

Question:

248 Deputy Brendan Griffin asked the Minister for Social Protection if there are circumstances under which a person may have an extension granted to the duration of their participation in a community employment scheme; and if she will make a statement on the matter. [30758/11]

In general, the maximum participation limit for community employment is one year with the opportunity to extend for a further year if this is considered by FÁS as the most suitable and cost effective measure to assist the CE participant in gaining employment. A participant may be eligible for different periods of engagement and extensions on CE due to a range of circumstances, including their age, the nature of the qualifying payment and/or time already spent on CE. Extensions of a CE placement have to be requested a minimum of eight weeks before the proposed finish date by the CE Project Supervisor. Once an extension application is received by the local FÁS office, a determination is made as to whether the placement is the most suitable and cost effective measure to assist the client in gaining employment. Participants who are deemed job-ready by the Supervisor are not extended in order to free up the place for another client. If no request for an extension is requested then the person must leave the scheme and re-qualify under the published eligibility rules for any further participation on the CE scheme. The local FÁS employment office will be able to give advice on individual circumstances and the opportunities to extend participation on CE.

As Minister for Social Protection I do not have a role in the administration of individual cases in regard to the operation of the Community Employment (CE) programme. The administration of individual cases under CE is a day-to-day matter for FÁS as part of its responsibility under the Labour Services Act, 1987, as amended by Part 3 of the Social Welfare (Miscellaneous Provisions) Act, 2010.

Departmental Agencies

Mary Lou McDonald

Question:

249 Deputy Mary Lou McDonald asked the Minister for Social Protection if she will provide a list of all non-commercial State agencies under the aegis of her Department. [30789/11]

The three statutory bodies operating under the aegis of the Department are the Social Welfare Tribunal, the Citizens Information Board and the Pensions Board. In addition, the Office of the Pensions Ombudsman comes under the remit of the Department. Additional information in relation to these bodies is available on the Department's website at www.welfare.ie/EN/AboutUs/Pages/stateagencies.aspx

Social Welfare Benefits

Michelle Mulherin

Question:

250 Deputy Michelle Mulherin asked the Minister for Social Protection the position regarding an application for carer’s allowance in respect of a person (details supplied) in County Mayo; and if the application will be expedited. [30806/11]

I confirm that an application for carer's allowance has been received from the person in question. On completion of the necessary investigations relating to all aspects of her claim a decision will be made and the person concerned will be notified directly of the outcome. The average time taken to process a claim to completion, including assessment of the claimant's means and the entitlement of the care recipient to full time care and attention on medical grounds is approximately 19 weeks.

Pension Provisions

Dessie Ellis

Question:

251 Deputy Dessie Ellis asked the Minister for Social Protection the measures she is undertaking to ensure she can afford to pay the State pension. [30823/11]

Dessie Ellis

Question:

273 Deputy Dessie Ellis asked the Minister for Social Protection the measures she is undertaking to ensure she can afford to pay the State pension into the future. [31015/11]

I propose to take Questions Nos. 251 and 273 together.

The challenges facing the Irish pension system are significant. The fundamental principle is that people need to participate in the workforce for longer and they need to contribute more towards their pensions if they are to achieve the income they expect or would like to have in retirement.

The population share of those aged 65 and over is expected to more than double between now and 2050, from 11% to 26%. People are living longer and healthier lives with average life expectancy set to rise even further in the future, up to 88 years for women and 83.9 for men. In contrast, the share of the working age population is projected to decline gradually from 68% to 58%. There are currently six people of working age for every pensioner and this ratio is expected to decrease to less than two to one by mid-century. These changes are taking place and therefore, the task of financing increasing pension spending will fall to a diminishing share of the population who are at work. Spending on public pensions that is, social welfare pensions and public service occupational pensions, is projected to increase from approximately 5 % of GDP in 2008, to almost 15% by 2050.

Therefore, as announced in the National Pensions Framework and as provided for in recent legislation State pension age will be increased gradually to 68 years. This will begin in 2014 with the standardisation of State pension age at 66. State pension age will be increased to 67 years in 2021 and to 68 in 2028. It is worth noting that, until the early 1970s, the qualifying age for SPC was 70 years of age. The recent legislative changes in this regard also fulfil one of the commitments in the EU/IMF Programme of Financial Support for Ireland.

By gradually increasing the qualifying age for State pension people will be further encouraged to remain in employment beyond 65 years of age and the option of deferring beyond pension age is currently being explored by my Department. The numbers currently at work drop dramatically at 65 years of age. The Quarterly National Household Survey Q4 2010 showed that 77.2% % of people aged 45-54 years were at work. This drops to 64.3% for 55-64 year-olds and to just 8.7% % for people aged 65 years or older.

As provided for in legislation since 1997, the minimum paid requirement for State pension (contributory) will increase to 520 next year. Changes outlined in the National Pensions Framework include a ‘total contributions' approach from 2020 to replace the current averaging system. This means that from 2020 a person will require 30 years' contributions and credits to qualify for maximum pension with 10 years' contributions required for a minimum pension. This system will be fairer as the level of pension payment will be proportionate to a person's working career e.g. a person with 25 years contributions will receive 25/30ths of a pension. Sustainable public finances are a prerequisite for maintaining an adequate system of social protection as well as achieving future economic stability and growth. The appropriate level of overall expenditure by my Department in the years ahead will be considered in the context of Budget 2012 and subsequent Budgets.

Social Welfare Code

Robert Dowds

Question:

252 Deputy Robert Dowds asked the Minister for Social Protection her plans to reduce the maximum rates payable for rent supplement, either in general or in a number of specific local authority areas; and if she will make a statement on the matter. [30839/11]

Dominic Hannigan

Question:

289 Deputy Dominic Hannigan asked the Minister for Social Protection the flexibility there is for community welfare officers when giving rent allowance to allow persons who live on the borders between two county lines when the maximum amount that is permissible under the rent allowance scheme is different but this is not reflected in the house rental costs of the area; her plans to peg the highest amount of money available on rent allowance to the average house price in a given area as opposed to an arbitrary geographical line that house prices do not see; and if she will make a statement on the matter. [31244/11]

Dessie Ellis

Question:

315 Deputy Dessie Ellis asked the Minister for Social Protection if she will guarantee that rates of rent supplement will be safeguarded at their current level. [30402/11]

I propose to take Questions Nos. 252, 289 and 315 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 country. 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 those who are in low paid employment.

Staff administering rent supplement 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 allows for lower rent levels to apply in certain locations within counties reflecting local market conditions. Under normal circumstances rent supplement is not paid where the rent charged for the accommodation is above the relevant maximum rent limit. However, staff do have some flexibility around making payment above these limits.

The most recent rent limit review established new maximum rent limits from June 2010 and I am satisfied that the rent limits are sufficient to enable eligible households to secure and retain basic suitable rented accommodation.

The current rent limits will remain in force until December 2011 and will be reviewed later this year with a view to establishing new rent limits. The review will be based on analysis of data sets available to the Department on private rental prices within the state. This will include information supplied by the Central Statistics Office, the Private Residential Tenancies Board and other publicly available data sources.

Social Welfare Appeals

John O'Mahony

Question:

253 Deputy John O’Mahony asked the Minister for Social Protection when a person (details supplied) in County Mayo will receive a decision regarding a disability allowance claim; and if she will make a statement on the matter. [30841/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 01 June 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 14 October 2011 and the appeal will be assigned, in due course, to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Bernard J. Durkan

Question:

254 Deputy Bernard J. Durkan asked the Minister for Social Protection if and when an decision will be made in respect of an appeal regarding jobseeker’s allowance in the case of a person (details supplied) in County Kildare; if a supplementary welfare allowance payment can be made in the interim with particular regard to the need for financial help in this instance; and if she will make a statement on the matter. [30852/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 22 June 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 29 August 2011 and the appeal was assigned to an Appeals Officer on 11 October 2011 who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.

The person concerned claimed supplementary welfare allowance. However, the claim was subsequently closed as he failed to supply the required documentation and information. It is still open to the person concerned to supply the relevant information to his local Community Welfare Officer who will determine his entitlement.

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.

Charlie McConalogue

Question:

255 Deputy Charlie McConalogue asked the Minister for Social Protection when an oral hearing will take place in respect of a person (details supplied) in County Donegal; and if she will make a statement on the matter. [30858/11]

The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case.

There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. In the context of dealing with the considerable number of appeals now on hand, the Department made 9 additional appointments to the office earlier this year.

While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person's oral hearing will be heard, but he will be informed when arrangements have been made.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Charlie McConalogue

Question:

256 Deputy Charlie McConalogue asked the Minister for Social Protection when an appeal will be heard in respect of a person (details supplied) in County Donegal; and if she will make a statement on the matter. [30859/11]

I am advised by the Social Welfare Appeals Office that an oral hearing of the appeal of the person concerned took place on 14 September 2011 and the Appeals Officer is now considering the appeal in the light of all the evidence submitted, including that adduced at the hearing. The person concerned will be notified of the Appeals Officer decision when the appeal has been determined.

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.

Robert Troy

Question:

257 Deputy Robert Troy asked the Minister for Social Protection if she will expedite a review regarding a decision to refuse domiciliary care allowance in respect of a person (details supplied) in County Westmeath. [30874/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 21 September 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer in due course for consideration.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Departmental Agencies

Mary Lou McDonald

Question:

258 Deputy Mary Lou McDonald asked the Minister for Social Protection if all non-commercial State agency employees under her Department’s aegis are paid directly from the Exchequer. [30894/11]

The three statutory bodies operating under the aegis of the Department of Social Protection are the Social Welfare Tribunal, the Citizens Information Board and the Pensions Board. In addition, the Office of the Pensions Ombudsman comes under the remit of the Department.

Employees of the Social Welfare Tribunal, the Citizens Information Board and the Office of the Pensions Ombudsman are paid directly from the Exchequer.

Salaries of employees of the Pensions Board are paid from annual fees received by the Board from occupational pension schemes and from providers of Personal Retirement Savings Accounts and trust Retirement Annuity Contracts.

Social Welfare Benefits

Charlie McConalogue

Question:

259 Deputy Charlie McConalogue asked the Minister for Social Protection the position regarding a domiciliary care allowance in respect of a person (details supplied) in County Donegal; and if she will make a statement on the matter. [30905/11]

An application for domiciliary care allowance was received on 22nd August 2011. This application has been forwarded to one of the Department's Medical Assessors for their medical opinion on the case. Upon receipt of this opinion, a decision will issue to the customer. It should be noted that it is currently taking up to ten weeks to process an application.

Departmental Agencies

Mary Lou McDonald

Question:

260 Deputy Mary Lou McDonald asked the Minister for Social Protection if she will provide the following information regarding the agencies operating under her aegis (details supplied) namely, the total number of whole time equivalent staff, the total number of board members, the chairperson and board members respective remuneration packages, the total annual wage bill and the total amount of central funding provided to the agency inclusive of wage bill. [30923/11]

There are no full-time staff allocated to the Social Welfare Tribunal. One member of staff from my Department acts as Secretary to the Tribunal as part of their normal duties.

The Tribunal consists of a Chairperson and four ordinary members, two nominated by ICTU and two nominated by IBEC. All are appointed by the Minister.

The Chairperson and members do not receive an annual salary but are paid appearance fees for attending hearings or meetings. The Tribunal holds hearings and meetings as required to deal with social welfare entitlement issues arising in the context of industrial disputes.

The chairperson is paid a set fee of €488.11 per sitting day at hearings and €73.44 for attending meetings. Members are paid a set fee of €136.71 per sitting day at hearings and €68.36 for attending meetings. They also have an entitlement to travel and subsistence expenses, where appropriate.

The Deputy mentions the Social Welfare Appeals Office and while the Appeals Office functions independently of the Department of Social Protection, it is none the less not a separate agency. It is managed by the Chief Appeals Officer, who is an official of the Minister.

Social Welfare Appeals

Jack Wall

Question:

261 Deputy Jack Wall asked the Minister for Social Protection the position regarding an appeal for carer’s allowance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [30928/11]

I confirm that an application for carer's allowance has been received from the person in question. On completion of the necessary investigations relating to all aspects of his claim a decision will be made and the person concerned will be notified directly of the outcome. The average time taken to process a claim to completion, including assessment of the claimant's means and the entitlement of the care recipient to full time care and attention on medical grounds is approximately 19 weeks.

Social Welfare Benefits

Paschal Donohoe

Question:

262 Deputy Paschal Donohoe asked the Minister for Social Protection the position regarding an application for rent allowance in respect of a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [30938/11]

The community welfare service (CWS) and the community welfare officers providing it transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP.

The person concerned made an application for rent supplement on 19th September 2011. The person concerned has been requested to provide further documentation in order to process her application for rent supplement. When this information is received the persons entitlement can be decided.

Social Welfare Appeals

Dan Neville

Question:

263 Deputy Dan Neville asked the Minister for Social Protection when an oral hearing will be arranged in respect of a person (details supplied) in County Limerick. [30942/11]

The Social Welfare Appeals Office has advised me that the appeal, from the person concerned, was referred to an Appeals Officer who proposes to hold an oral hearing in the case.

There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. In the context of dealing with the considerable number of appeals now on hand, the Department made 9 additional appointments to the office earlier this year.

While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person's oral hearing will be heard, but s/he will be informed when arrangements have been made.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Departmental Expenditure

Anne Ferris

Question:

264 Deputy Anne Ferris asked the Minister for Social Protection if she will provide details for the years 2006 to 2011, inclusive, of the arrangements entered into by her, any body under her aegis or State agency for which she has responsibility, for the obtaining of advice from a senior or junior counsel and or a firm of solicitors; the subject matter for which advice was sought; the names of the barristers and solicitors firms concerned and the fees paid; the nature of the work concerned; if in each case the matter was advertised for competitive tender and if not, the reason; and if she will make a statement on the matter. [30974/11]

The information requested is currently being compiled within the Department and will be made available to the Deputy as soon as possible.

Mattie McGrath

Question:

265 Deputy Mattie McGrath asked the Minister for Social Protection the total cost to the taxpayer of all works related to the name change of her Department from the Department of Social and Family Affairs to the Department of Social Protection; and if she will make a statement on the matter. [30979/11]

The name of my Department was changed to the Department of Social Protection by the previous Government, following an announcement by the then Taoiseach, in March 2010 regarding a redistribution of Departmental responsibilities, affecting a number of Departments. Additional costs of €30,000 approx. were incurred by my Department in terms of website amendments, stationery costs, changes to signage and information leaflets. As is standard practice, my Department continues to use all remaining stationary, leaflets and other printed materials in the previous name of the Department until it has been exhausted.

The name of the Department was previously changed in 2002, again following a redistribution of responsibilities decided by the Government at that time.

Question No. 266 withdrawn.

Social Welfare Appeals

Finian McGrath

Question:

267 Deputy Finian McGrath asked the Minister for Social Protection the position regarding an illness benefit appeal in respect of a person (details supplied) in Dublin 9. [30991/11]

The Social Welfare Appeals Office has advised me that the illness benefit claim, of the person concerned, was disallowed following an examination by a Medical Assessor of the Department who expressed the opinion that he was capable of work. An appeal was registered on 07 October 2011 and in accordance with the statutory procedures the relevant department papers and the comments of the Social Welfare Services on the matter raised in the appeal have been sought. In that context, an examination by another Medical Assessor will be carried out.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits

Michael Creed

Question:

268 Deputy Michael Creed asked the Minister for Social Protection if persons (details supplied) in County Meath are entitled to mortgage interest subsidy; and if she will make a statement on the matter. [30993/11]

The community welfare service (CWS), and the community welfare officers providing it, transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP.

There is no record of an application for mortgage interest supplement (MIS) from the persons concerned. If they wish to have their entitlement to MIS assessed, then they should visit the Department's representative who administers supplementary welfare allowance in Ashbourne Health Centre on Thursday mornings between 10am and 1pm where an assessment for entitlement to MIS can be carried out.

Pádraig Mac Lochlainn

Question:

269 Deputy Pádraig Mac Lochlainn asked the Minister for Social Protection her views on the impact on post offices of having social welfare payments paid directly into a bank account rather than a post office account; and if she will make a statement on the matter. [31001/11]

The range of payment options offered by my Department includes payment at a local post office via electronic information transfer (EIT), through a bank, building society or certain credit unions via electronic funds transfer (EFT) or payment by cheque.

At present, An Post can direct pension and child benefit payments transferred via EFT into An Post State Savings Accounts. Consideration is being given to extending this facility to customers in receipt of certain other scheme payments. An Post also currently provides front office services for AIB and National Irish Bank. In such cases although the account is not held by the post office, social welfare and other customers can access their accounts and manage their payments through the network of post offices around the country.

The current contract with An Post for the payment of welfare customers at Post Offices expires on the 31st December 2013. Public sector contracts for the supply of products and services are generally awarded following a publicly advertised, competitive tendering process. In line with public procurement guidelines and in the interests of economy, the Department is required to seek tenders for the delivery of social welfare payments before the current contract with An Post expires in 2013.

In addition, the award of public sector contracts with a significant financial value is subject to various EU Directives. This ensures that the taxpayer receives value for money and that all potential suppliers are given the opportunity to put forward for efficient, effective and competitive solutions for consideration and evaluation.

While it will of course be open to An Post to bid for the new contract, the development of the An Post network and services is a matter for An Post to consider in consultation with the Department of Communications, Energy and Natural Resources.

Jack Wall

Question:

270 Deputy Jack Wall asked the Minister for Social Protection the reason a person (details supplied) in County Kildare is now being requested to provide the up-to-date status of their housing needs when they have already submitted documentation and tenancy agreements showing that they have been in rented accommodation for ten months; and if she will make a statement on the matter. [31002/11]

The community welfare service (CWS) and the community welfare officers providing it transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP.

When the person concerned was awarded his rent supplement payment in June 2011 it was on the basis that he would have his housing needs assessed by the local authority. This assessment is still required in relation to his on-going entitlement and to date he has not provided the assessment of housing need.

Jerry Buttimer

Question:

271 Deputy Jerry Buttimer asked the Minister for Social Protection the option now available in respect of a person (details supplied) in County Cork. [31006/11]

The person concerned may make an application for domiciliary care allowance (DCA). In order to qualify for DCA, a child must have a disability so severe that it requires the child needing care and attention and/or supervision substantially in excess of another child of the same age. This care and attention must be given by another person, effectively full-time, so that the child can deal with the activities of daily living. The child must be likely to require this level of care and attention for at least 12 months. Each application is assessed on an individual basis taking account of the evidence submitted.

In addition, the person concerned can contact the information officer in their local Social Welfare Office or any Citizens Information Centre who will advise them of other forms of assistance that may be available to them.

Social Welfare Appeals

Mattie McGrath

Question:

272 Deputy Mattie McGrath asked the Minister for Social Protection when a decision will be made on a social welfare appeal in respect of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [31010/11]

An application for domiciliary care allowance (DCA) was received on 10th February 2011. This application was referred to one of the Department's Medical Assessors who found that the child was not medically eligible for DCA. A letter issued on 7th April 2011 where the person concerned was advised of the decision to refuse the allowance. The person concerned subsequently lodged an appeal against this decision. She was informed by the Social Welfare Appeals Office on 3rd October 2011 that the appeal had not been allowed.

The decision/appeal process for this application is now complete. All the available information was provided to the appeals officer before the appeal was considered. However, if the person concerned has new or additional information, it is open to her to re-apply.

Question No. 273 answered with Question No. 251

Departmental Expenditure

Mary Lou McDonald

Question:

274 Deputy Mary Lou McDonald asked the Minister for Social Protection the annual cost of the licensed payroll system, Corepay, to her Department. [31063/11]

The annual licence and maintenance costs for CorePay and related online products — Payslip online, online Overtime, online P60, PRD60 and Income Levy Cert for 2011 was €48,209.

Social Welfare Benefits

John McGuinness

Question:

275 Deputy John McGuinness asked the Minister for Social Protection if an application for carer’s allowance will be expedited and approved in respect of a person (details supplied) in County Carlow. [31066/11]

I am advised by the Social Welfare Appeals Office that an oral hearing of the appeal of the person concerned took place on 18 October 2011 and the Appeals Officer is now considering the appeal in the light of all the evidence submitted, including that adduced at the hearing. The person concerned will be notified of the Appeals Officer decision when the appeal has been determined.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Appeals

John McGuinness

Question:

276 Deputy John McGuinness asked the Minister for Social Protection if an application for disability allowance now under appeal will be expedited and approved in respect of a person (details supplied) in County Carlow. [31067/11]

The Social Welfare Appeals Office has advised me that the disability allowance claim, of the person concerned, was disallowed following an assessment by a Medical Assessor of the Department who expressed the opinion that he was medically unsuitable for the allowance. An appeal was registered on 23 September 2011 and in accordance with the statutory procedures the relevant department papers and the comments of the Social Welfare Services on the matter raised in the appeal have been sought. In that context, an assessment by another Medical Assessor will be carried out.

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. 277 withdrawn.

Patrick O'Donovan

Question:

278 Deputy Patrick O’Donovan asked the Minister for Social Protection the position regarding an application for jobseeker’s allowance and habitual residence in respect of a person (details supplied) in County Wexford; and if she will make a statement on the matter. [31074/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned were registered in that office on 12th September 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 5th October 2011 and the appeal was assigned to an Appeals Officer on 19th October 2011 who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Internship Programme

Joe McHugh

Question:

279 Deputy Joe McHugh asked the Minister for Social Protection her views on the case of an person (details supplied) in County Donegal who is in receipt of €40 weekly jobseeker’s, and who is being offered €50 per week to undertake a national internship scheme position at a premises which is 20km from home; her plans to amend the scheme so that there is a clear financial incentive taking into account distances to work for participants; and if she will make a statement on the matter. [31086/11]

JobBridge — the national internship scheme is a voluntary scheme which provides internship opportunities of either 6 or 9 months for unemployed individuals on the live register, in organisations in the private, public and community voluntary sectors. The scheme is limited to individuals who are currently on the Live Register and have been in receipt of jobseekers allowance/benefit or are signing on for credits for at least 3 of the last 6 months.

Individuals participating on the scheme will maintain their existing social welfare entitlements and will also receive a weekly top up payment of €50. The weekly social welfare entitlement plus the top up payment will be paid in a single allowance known as the internship allowance.

It is considered that the €50 top-up payment represents a meaningful incentive to encourage eligible, unemployed individuals to avail themselves of the opportunity to gain valuable work experience and skills that will keep them close to the labour market and / or lead to employment.

FÁS Training Programmes

Aengus Ó Snodaigh

Question:

280 Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if her attention has been drawn to the impact that the FÁS funding cuts over the past four years have had on a youth centre (details supplied); the steps she will take secure funding at least at the current level for next year; and if she will take steps to reverse the recent cuts to ensure this vital community resource can continue delivering quality services. [31087/11]

Under the Local Training Initiative Juniors Programme (16-19 year olds), FÁS has funded 18 places with this youth centre for the last 10 years with a budget of €67,384 per year excluding training allowances. In 2009, FÁS approved an additional 16 placements for a Local Training Initiative Seniors Programme (18-25 year olds) in the youth centre with a budget of €59,896 per year excluding training allowances. I have been able to confirm that there has been no reduction in funding to the youth centre over that period of time.

All contractual arrangements are made on an annual basis by FÁS taking local requirements and circumstances into account and based on the annual allocation of funding provided for the Programme.

Social Welfare Benefits

Luke 'Ming' Flanagan

Question:

281 Deputy Luke ‘Ming’ Flanagan asked the Minister for Social Protection the reason the back to education allowance programme requires the applicants to be on jobseeker’s payment for more than nine months consecutively; and if she will make a statement on the matter. [31140/11]

The back to education allowance (BTEA) scheme is a second chance education opportunities scheme. As such its function is to facilitate persons who, earlier in their life, could not fully avail of educational opportunities now access further education. Qualification criteria are required to ensure that the allowance does not, of itself, become a factor for signing-on the Live Register in the first place.

Currently the period for which a person is required to be on a qualifying social welfare payment before accessing the third level option is 9 months (234 days); this was reduced from 12 months in 2010. Persons in receipt of a statutory redundancy payment may be in a position to access BTEA more quickly.

Periods spent on qualifying social welfare payments, which are not broken by more than 12 months (52 weeks), may be used in determining if an applicant satisfies the qualifying period criteria. I believe an official from my Department has been in contact with you in relation to the specific query attached to your question.

Ciaran Lynch

Question:

282 Deputy Ciarán Lynch asked the Minister for Social Protection the number of households in receipt of mortgage interest supplement, MIS, the number in positive equity; the number in negative equity; and if she will make a statement on the matter. [31142/11]

Since 2005 mortgage interest supplement expenditure has increased from €6.3 million to €66 million in 2010. The budget for 2011 is €77m. The number of households claiming the allowance has increased from 3,200 at the end of 2005 to over 18,700 at the end of September 2011. This represents a 480% increase in the number of households receiving support.

My Department has no information on the number of households in receipt of mortgage interest supplement who are in positive or negative equity.

Paul Connaughton

Question:

283 Deputy Paul J. Connaughton asked the Minister for Social Protection when a person (details supplied) in County Galway will receive compensation to help them re-locate after flooding damage to their house in 2009; and if she will make a statement on the matter. [31168/11]

The Government has provided various types of support to people affected by the November 2009 flooding. Humanitarian Aid payments were made, both in the immediate aftermath of the flooding and subsequently to enable eligible households to resume living at their home. Flood relief works were also undertaken in some of the affected areas and other works are at an advanced state of preparation. Discussions also took place with representatives of the insurance industry regarding giving households access to appropriate house insurance at a reasonable cost.

Subject to certain conditions the Government also decided to provide support to a small number of families who are continuing to experience significant housing problems as a result of the November 2009 flooding and are considering the possibility of relocating rather than resuming living at their original home.

The household of the persons concerned has been visited by an official from the Department and a report of their circumstances has been completed. The Department has received a report from the Office of Public Works in relation to the house of the person concerned and expects to be in a position to make a decision on the case shortly.

Social Welfare Appeals

Bernard J. Durkan

Question:

284 Deputy Bernard J. Durkan asked the Minister for Social Protection if and when an oral hearing will take place with respect to an appeal for invalidity pension in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [31169/11]

The Social Welfare Appeals Office has advised me that an appeal, by the person concerned, was registered in that office on 9 August 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration. As part of this consideration, the Appeals Officer will decide if an oral hearing is appropriate in this case.

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.

Brendan Smith

Question:

285 Deputy Brendan Smith asked the Minister for Social Protection when a domiciliary care allowance application will be approved in respect of a person (details supplied) in County Cavan; and if she will make a statement on the matter. [31176/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 21 September 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer in due course for consideration.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits

Bernard J. Durkan

Question:

286 Deputy Bernard J. Durkan asked the Minister for Social Protection the number of persons under the age of twenty five years who are currently in receipt of jobseeker’s allowance and or benefit payments; and if she will make a statement on the matter. [31180/11]

The information requested by the Deputy is in the attached tabular statement. There were 71,064 claimants aged under 25 on Jobseeker's Allowance and 9,424 on Jobseeker's Benefit

Number of Claimants aged under 25 on Jobseeker's Benefit and Jobseeker's Allowance

Age

18

19

20

21

22

23

24

Total

Jobseeker’s Benefit

23

171

554

1,253

2,004

2,519

2,900

9,424

Jobseeker’s Allowance

5,222

8,724

10,127

10,857

11,775

12,410

11,949

71,064

Total

5,245

8,895

10,681

12,110

13,779

14,929

14,849

80,488

Jack Wall

Question:

287 Deputy Jack Wall asked the Minister for Social Protection the reason a person (details supplied) in County Kildare is only entitled to €100 supplementary welfare allowance while they are awaiting their illness claim in view of the fact that when they were in receipt of jobseeker’s allowance they were in receipt of the maximum rate; and if she will make a statement on the matter. [31218/11]

Since January 2010 the maximum amount of supplementary welfare allowance (SWA) payable to a person less than 22 years of age is €100 per week. The person concerned has been awarded his maximum entitlement under the SWA scheme.

Social Welfare Code

Bernard J. Durkan

Question:

288 Deputy Bernard J. Durkan asked the Minister for Social Protection the policy grounds on which the eligibility criteria for the back to education allowance scheme was compiled, with particular reference to the need to be on jobseeker’s allowance or benefit for the nine months preceding the making of an application; her views that the eligibility criteria are sufficient to encourage persons to take opportunities for employment prior to returning to education; her plans to revise the eligibility criteria for the back to education allowance scheme; and if she will make a statement on the matter. [31243/11]

A person wishing to pursue back to education allowance (BTEA) scheme will have to satisfy a number of conditions such as being a certain age, in receipt of a prescribed social welfare payment for a specified time period, pursuing a full time course of study leading to a recognised qualification in a recognised college and progressing in the level of education held by the client with reference to the national framework of qualifications among others.

A waiting period is considered essential given that BTEA confers entitlement to income support for an extended period and avoids establishing a pull factor to the Live Register. It is also considered necessary as it reduces unnecessary provision, for those who will leave the Live Register in any event, in the context of targeting scarce resources at those who need it most.

The qualifying period for the second level option of the scheme has remained at 3 months in recognition of the need for more urgent intervention in the case of people who have not completed formal second level education. With effect from 19th July 2010, the period for which a person is required to be on a qualifying social welfare payment before accessing third level education under the BTEA was reduced from 12 months to 9 months (a 2 year qualifying period continues to apply to participants coming from Illness Benefit). Since 2007, people who are awarded statutory redundancy may access BTEA immediately, provided an entitlement to a relevant social welfare payment is established prior to commencing an approved course of study.

However, if a person wishes to pursue a part time education course they may be able to do so while still obtaining their jobseekers payment. They must apply at their local social welfare office and verify that participation on the course does not reduce their availability for work. In the case of jobseekers benefit, participation on a course does not grant any extension to the normal period for which jobseekers benefit is paid.

At present there are no plans to change the qualifying criteria for the BTEA scheme. However, all employment schemes will continue to be monitored in the context of the objectives of the scheme and the changing economic circumstances.

Question No. 289 answered with Question No. 252.

Departmental Records

Jack Wall

Question:

290 Deputy Jack Wall asked the Minister for Social Protection if a person (details supplied) in County Kildare can be furnished with a statement of their rent allowance for 2010; and if she will make a statement on the matter. [31248/11]

The community welfare service (CWS) and the community welfare officers providing it transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP.

A statement of her rent supplement payments for 2010 will issue to the person concerned shortly.

Social Welfare Fraud

Dominic Hannigan

Question:

291 Deputy Dominic Hannigan asked the Minister for Social Protection the number of social welfare fraud inspectors in County Meath; the amount of social welfare fraud that has been detected; the amount that this has saved the Exchequer; and if she will make a statement on the matter. [31284/11]

The prevention of fraud and abuse of the social welfare system is an integral part of the day-to-day work of my Department which processes in excess of 2 million claims each year and makes payments to some 1.4 million people every week. However, it is important to recognise that the vast majority of people are receiving the entitlement due to them.

Fraud control figures are compiled in the Department on a regional basis, not on a county basis. County Meath is included in the Dublin North Region. This region also includes parts of county Dublin and the Social Welfare Local and Branch Offices in Balbriggan, Ballymun, Blanchardstown, Coolock, Finglas, Kilbarrack, Navan Road, King's Inns Street, Swords, Navan, Kells and Trim.

The savings resulting from fraud control activity in the Dublin North region for the period January to end of September 2011, are over €11 million. These savings arise from a range of control activities including reviews on social welfare claims in payment, carried out in the Dublin North Region by the Social Welfare Local Offices and Social Welfare Inspectors.

This savings figure does not include details from the Special Investigation Unit (SIU) within the Dublin North region, as the SIU savings are compiled separately on a national basis. The savings resulting from fraud control activity by SIU on a national basis, to the end of September is €45.9 million.

In addition to these savings figures in the Dublin North region, additional control savings as a result of reviews carried out directly by headquarters offices on customers in Co Meath are not available and are not included here.

Control savings are an estimate of the savings from various control activities across the schemes in payment. Control savings are not actual monies recovered by the Department. If this control work did not take place, social welfare expenditure would increase by this level over time.

There are 89 inspectors are in the SIU whose exclusive function is fraud prevention, detection and deterrence. There are currently 47 Social Welfare Inspectors working in the Dublin North Region, which includes those who are assigned to the SIU. All Social Welfare Inspectors have a significant role to play in the control of abuse of the Department's schemes, by preventing fraudulent claims going into payment and by reviewing claims in payment, in addition to carrying out inspections on employers. In addition, all staff working in the Department, including those working in the social welfare local and branch offices in Co Meath, have a significant role in combating social welfare fraud and abuse.

The Deputy should also note that I recently launched a new Fraud Initiative (2011-2013) which is aimed at putting in place a range of actions to combat fraud and abuse of the social welfare system and to ensure that the public can have confidence and trust in the system. As Minister, I am very conscious of the need to protect public money and I am determined to ensure that abuse of the system is prevented and is dealt with effectively when detected.

Social Welfare Benefits

Jack Wall

Question:

292 Deputy Jack Wall asked the Minister for Social Protection further to Parliamentary Question No. 252 of 18 October 2011, regarding an application for mortgage interest relief for a person (details supplied) in County Kildare, will the person be informed regarding the additional information requested in view of the fact that it is this person’s understanding that all information requested was provided; and if she will make a statement on the matter. [31291/11]

The community welfare service (CWS), and the community welfare officers providing it, transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP.

The Department has advised the person in question what information is currently outstanding in order to process his application. The person concerned should contact his local supplementary welfare allowance administrative office if he needs any clarification in relation to the outstanding information requested.

Social Welfare Appeals

Jim Daly

Question:

293 Deputy Jim Daly asked the Minister for Social Protection the position regarding a widow’s pension in respect of a person (details supplied); and if she will make a statement on the matter. [31314/11]

The Social Welfare Appeals Office has advised me that the appeal, by the person concerned, was registered in that office on 20 October 2011 and will be referred, in due course, to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits

John McGuinness

Question:

294 Deputy John McGuinness asked the Minister for Social Protection if an application for rent allowance will be expedited and approved in respect of a person (details supplied) in County Kilkenny. [31365/11]

The community welfare service (CWS), and the community welfare officers providing it, transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP.

The person concerned was refused a rent supplement on the grounds that she is living in private rented accommodation for less than 183 days prior to her application and she was not deemed as being in need of housing by her local authority.

Social Welfare Appeals

Patrick O'Donovan

Question:

295 Deputy Patrick O’Donovan asked the Minister for Social Protection the position regarding a rent supplement appeal in respect of a person (details supplied) in County Wexford; when a decision will issue; and if she will make a statement on the matter. [31367/11]

Following on from the transfer of the Community Welfare Service from the Health Services Executive (HSE) to the Department of Social Protection, with effect from Saturday 1st October, legislation was commenced which provides that appeals for supplementary welfare allowance (SWA) will be made to the Social Welfare Appeals Office. Up to now, the legislation provided for a 2 step process, first to the Health Services Executive (HSE) and, if still dissatisfied, to the Social Welfare Appeals Office.

As part of that process, any appeals that have been submitted in recent weeks to the HSE are being transferred to the Social Welfare Appeals Office. These appeals will be registered and acknowledged by the Social Welfare Appeals Office in due course. In this case, I am informed by the Social Welfare Appeals Office that an appeal for SWA for the person concerned has not yet been registered. The Chief Appeals Officer has assured me that all appropriate measures are being taken to address the smooth transfer of SWA appeals to her office.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Employment Support Services

Regina Doherty

Question:

296 Deputy Regina Doherty asked the Minister for Social Protection the number of community work places that have been allocated under the Tús scheme to Ashbourne, County Meath; the number of these places that currently remain unfilled; and if she will make a statement on the matter. [31369/11]

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 when fully operational. This initiative is being delivered through the network of local development companies and Údarás na Gaeltachta in Gaeltacht areas.

Meath has been allocated 100 participant placements plus 5 supervisory positions. Meath Community Rural and Social Development Partnership Limited has been tasked with the delivery of Tús in County Meath. To date, over 100 work placements in community and voluntary organisations have been identified in Meath with half of these currently available to be filled. Allocations are not made to specific towns; however, each local development company is required to have regard to the level of local service needs, and to achieve a balance of placements across their operation areas and sectors of activity. As part of the initial roll-out phase, the Partnership company is currently employing 21 people; 17 people have been assigned to other training or are not in a position to take up a work placement at this time. The remaining placements are due to be filled over the coming months with full delivery to be achieved by the end of March 2012.

Social Welfare Appeals

Bernard J. Durkan

Question:

297 Deputy Bernard J. Durkan asked the Minister for Social Protection the medical grounds on which the application for carer’s allowance was refused in the case of a person (details supplied) in County Kildare; if this parliamentary question will be taken as notice of an appeal; and if she will make a statement on the matter. [31371/11]

The person concerned was refused carer's allowance on the grounds that the care recipients are not so disabled as to require full- time care and attention as prescribed in regulations. On 12th October 2011, she was notified of this decision, the reason for it and of her right of review or appeal within 21 days.

I am advised by the Social Welfare Appeals Office that a form for the opening of an appeal has been forwarded to the person concerned and requesting her to state the grounds for her appeal. On receipt of her reply the appeal will be opened and processed in the normal manner.

Bernard J. Durkan

Question:

298 Deputy Bernard J. Durkan asked the Minister for Social Protection, further to Parliamentary Question No 107 of the 13 October 2011, the full mortgage repayments, including interest, involved; if payments of mortgage or part thereof have been suspended; if the circumstances in the case will be further reviewed; and if she will make a statement on the matter. [31372/11]

The community welfare service (CWS), and the community welfare officers providing it, formally transferred to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP. The purpose of mortgage interest supplement is to provide short term income support to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence. The supplement assists with the interest portion of the mortgage repayments only. The position remains as advised in question number 107 which I answered for the Deputy on 13th October 2011, which is that the person concerned was refused mortgage interest supplement as she has sufficient income to meet her mortgage interest costs.

Michelle Mulherin

Question:

299 Deputy Michelle Mulherin asked the Minister for Social Protection the position regarding an application for respite care grant in respect of a person (details supplied) in County Mayo and if the processing of the application will be expedited. [31378/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned were registered in that office on 5th September 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 21st September 2011 and the appeal was assigned to an Appeals Officer on 12th October 2011 who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Departmental Agencies

Mary Lou McDonald

Question:

300 Deputy Mary Lou McDonald asked the Minister for Social Protection if she will provide a list of all commercial semi-State companies under her aegis. [31399/11]

There are no commercial semi state companies under the aegis of the Department of Social Protection.

Employment Support Services

Regina Doherty

Question:

301 Deputy Regina Doherty asked the Minister for Social Protection, further to Parliamentary Question No. 137 of 5 October 2011, if she will direct this Deputy to the studies or qualifying research that proves the optimum times for interventions or assistance to jobseekers is three months. [31420/11]

There is significant ‘churn' on the Live Register, with, for example, over 530,000 claim closures in 2010 and 300,000 from January to August 2011. 35-40% of closures have under three months claim duration, 55-60% have under six months duration and 75-80% have under twelve months duration. Given this context, there is a tension between the desire for early intervention and efficiency in the process, including the need to avoid deadweight i.e. avoiding the allocation of scarce resources to interventions with people who would have left the Register without intervention. Against this background, three months on the Live Register has been identified as an appropriate point in time for unemployed people to be referred to or avail themselves of certain programmes that will provide work experience, guidance, training and/or education that will in turn support them in returning to the Labour Market. At that point, the person will have had the opportunity to search for work and, if unsuccessful, will be supported in avoiding a drift into long term unemployment. Studies carried out by bodies such as the OECD, ESRI, NESC would generally support this approach.

Social Welfare Appeals

Brendan Smith

Question:

302 Deputy Brendan Smith asked the Minister for Social Protection when an application for farm assist will be processed and approved in respect of a person (details supplied) in County Cavan; and if she will make a statement on the matter. [31429/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 23 August 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 3 October 2011 and the appeal will be assigned, in due course, to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. 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.

Patrick O'Donovan

Question:

303 Deputy Patrick O’Donovan asked the Minister for Social Protection the position regarding an appeal against a decision to deny invalidity pension to a person (details supplied) in County Limerick. [31447/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 23 August 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 3 October 2011 and the appeal will be assigned, in due course, to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. 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. 304 withdrawn.

Social Welfare Benefits

Paschal Donohoe

Question:

305 Deputy Paschal Donohoe asked the Minister for Social Protection the level of payments made to medical card holders or registered benefit recipients who were later found to be deceased during 2009 and 2010; if she will provide a full breakdown of the cost to the State; and if she will make a statement on the matter. [31467/11]

Ensuring that the right person is paid the right amount of money at the right time is an integral part of the day-to-day work of the Department. In excess of 2 million claims each year are processed and over one million people receive a payment each week. It is important to note that the vast majority of people receiving those payments are fully entitled to them. Overpayments generally arise as a result of revised decisions on entitlement made by deciding officers. These officers decide the effective date of a revised decision having regard to the new facts or new evidence and the circumstances of the case. Payments made to customers of the Department who were later identified to be deceased during 2009 and 2010 amounted to some €7.8m, on a total of 9,850 cases.

This Department receives on-line notification of deaths from the General Registrar's Office (GRO) as soon as deaths are registered. The average value of overpaid benefits to deceased customers represents approximately one month's payment. This indicates that the Department is generally either notified of the pensioner's death by the next of kin within one month, or receives the information from the GRO. As claims are generally being terminated within one month of a recipient's death, any overpayments arising are assessed in a timely manner.

The Department is fully committed to recovering 100% of overpayments arising as a result of suspected fraud or error. Effective debt recovery is seen as an integral part of the deterrent to fraudulent claiming. Debt holders should be aware that a social welfare debt will remain on their records until fully recovered. This will result in a reduction of all future entitlements up to and including state pension. Following the death of a customer who owes a debt, the Department continues to have a claim on any estate remaining. In 2010, the Department recovered overpayments totalling over €7.8m from the estates of deceased pensioners.

The Deputy should note that I recently launched a new Fraud Initiative (2011-2013) which is aimed at putting in place a range of actions to combat fraud and abuse of the social welfare system and to ensure there is public confidence and trust in the system. Given this enhanced approach, the Department plans to increase the level of debt recovery by reviewing the overall approach, particularly in the context of overpayments that have arisen from suspected social welfare fraud. While the details, including in particular legal requirements, will have to be examined closely, a range of options will be explored under this initiative with a view to both minimising overpayments and increasing recoveries. The consideration of all options in these areas has, of course, to be balanced, clearly taking into account the core income support and social inclusion purpose of social protection payments.

Community Employment Schemes

Brendan Griffin

Question:

306 Deputy Brendan Griffin asked the Minister for Social Protection the date on which a person (details supplied) in County Kerry will be eligible for participation in a community employment, CE, scheme; if participation in any future CE schemes will be dependent on the person continuing to qualify for illness benefit or if their circumstances will allow CE scheme participation without qualifying for continued illness benefit; and if she will make a statement on the matter. [31490/11]

The person concerned has been in receipt of illness benefit from this Department since 18th May, 2011. Under current eligibility criteria, he will be eligible to apply for a community employment position after six months on illness benefit — i.e. 18th November, 2011, subject to receiving a letter of exemption from this Department.

Social Welfare Code

John Lyons

Question:

307 Deputy John Lyons asked the Minister for Social Protection her plans to introduce a signing on policy for all qualified adults; and if she will make a statement on the matter. [31501/11]

Most social welfare schemes provide for payment of an increase for a qualified adult. A qualified adult is normally defined as a spouse, civil partner or cohabitant who is wholly or mainly maintained by the claimant. For jobseeker schemes, the claimant is required to ‘sign on' at regular intervals to certify that he or she continues to satisfy the conditions of the scheme. As these conditions do not apply to qualified adults, there is no requirement for them to sign on and there are no plans to introduce this arrangement.

Employment Support Services

John Lyons

Question:

308 Deputy John Lyons asked the Minister for Social Protection the number of companies in County Sligo that have had or have any interns through JobBridge; the number of same; and if she will make a statement on the matter. [31502/11]

As of 19 October, 2011, there are 43 organisations in County Sligo hosting internships under the JobBridge scheme.

Departmental Expenditure

Billy Kelleher

Question:

309 Deputy Billy Kelleher asked the Minister for Social Protection the total expenditure in 2010 on ICT, including staff costs, support and maintenance services, hardware, software, and external resources, including consultancies, contractors and service providers and all agencies under the aegis of her Department. [31524/11]

The total expenditure by my Department on ICT in 2010 was €46,579,390.00. Please see a breakdown of figures in the following table. In relation to the relevant State agencies, it has not proved possible in the time available to obtain the required information but I have arranged for the agencies to furnish the information requested for their respective organisations, and this will be passed on to you when received.

ICT Expenditure 2010

External Service

9,270,360.00

Consultancy

242,544.00

IT Training

175,896.00

Telecommunications

7,408,043.00

IT Hardware & Software

14,985,617.00

IT Subscriptions

167,948.00

E-Government Projects

1,875,901.00

Salaries (Including overtime and travel and subsistence)

12,453,081.00

Total

46,579,390.00

Social Welfare Appeals

John McGuinness

Question:

310 Deputy John McGuinness asked the Minister for Social Protection further to a previously withdrawn parliamentary question if there is an outcome to this case and the claims for jobseeker’s allowance and back to education allowance in respect of a person (details supplied) in County Kilkenny. [31534/11]

I am advised by the Social Welfare Appeals Office that an oral hearing of the jobseekers allowance appeal of the person concerned took place on 4 October 2011 and the Appeals Officer is now considering the appeal in the light of all the evidence submitted, including that adduced at the hearing. The person concerned will be notified of the Appeals Officer decision when the appeal has been determined. The back to education allowance (BTEA) is a non-statutory scheme and, consequently, decisions are not appellable to the Social Welfare Appeals Office. 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. 311 withdrawn.

Pat Breen

Question:

312 Deputy Pat Breen asked the Minister for Social Protection when a decision will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [31550/11]

The Social Welfare Appeals Office has advised me that an appeal, by the person concerned, was registered in that office on 18 October 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Pat Breen

Question:

313 Deputy Pat Breen asked the Minister for Social Protection the position regarding an application in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [31553/11]

The Social Welfare Appeals Office has advised me that an appeal, by the person concerned, was registered in that office on 19 September 2011 and was referred to an Appeals Officer on 20 October 2011 who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Employment Support Services

Mattie McGrath

Question:

314 Deputy Mattie McGrath asked the Minister for Social Protection if she has a timeframe set out for the review that she wishes to carry out of the operation of the programmes and initiatives funded by her to support persons who are unemployed to return to work, further training and or education; when she expects this review to commence and be completed; the format this review will take; if members of the public will have an opportunity to make submissions to this review; and if she will make a statement on the matter. [31580/11]

My Department operates a wide range of supports and initiatives to support the unemployed and other recipients of social welfare payments. Schemes and programmes are monitored on an ongoing basis to ensure they remain fit for purpose. Initial work on the review has commenced. It will take a number of months to complete. The precise format of the review is currently being determined. Employment programmes which are run by FÁS and also training programmes run by FÁS were the subject of a review carried out by Forfas in February of last year. It should also be noted that it is my intention to evaluate the JobBridge Scheme which commenced in July, 2011, and my Department is currently working on a request for tender which will issue shortly.

Question No. 315 answered with Question No. 252.

Departmental Agencies

Mary Lou McDonald

Question:

316 Deputy Mary Lou McDonald asked the Minister for Arts, Heritage and the Gaeltacht if he will provide the following information regarding the agencies operating under the aegis of his Department, the number of whole time equivalent staff, the number of board members, the chairperson and board members respective remuneration packages; the annual wage bill and the amount of central funding provided to the agency inclusive of wage bill. [30772/11]

Mary Lou McDonald

Question:

317 Deputy Mary Lou McDonald asked the Minister for Arts, Heritage and the Gaeltacht if he will provide a list of all non-commercial State agencies under the aegis of his Department. [30777/11]

Mary Lou McDonald

Question:

318 Deputy Mary Lou McDonald asked the Minister for Arts, Heritage and the Gaeltacht if all non-commercial State agency employees under his Department’s aegis are paid directly from the Exchequer. [30882/11]

Mary Lou McDonald

Question:

322 Deputy Mary Lou McDonald asked the Minister for Arts, Heritage and the Gaeltacht if he will provide a list of all commercial semi-State companies under his aegis. [31387/11]

I propose to take Questions Nos. 316 to 318, inclusive, and 322 together.

The information sought by the Deputy concerning non-commercial bodies/agencies funded from my Department's Vote Group is set out in the following table. The bodies in question are as follows:

National Museum of Ireland

National Library of Ireland

National Gallery of Ireland

National Concert Hall

National Archives

Irish Film Board

An Coimisinéir Teanga

Údarás na Gaeltachta

Irish Museum of Modern Art

Chester Beatty Library

Crawford Gallery

Heritage Council

Arts Council

Foras na Gaeilge

Ulster-Scots Agency

Waterways Ireland

As reflected in the in the annual Revised Estimates Volume (REV), Exchequer funding for administrative purposes, including payment of wages and salaries, is provided to all of these bodies. In the case of the North/South Implementation bodies established under the British Irish Agreement — Foras na Gaeilge, the Ulster-Scots Agency and Waterways Ireland — it should be noted that funding is provided by both my Department and the Department of Culture, Arts and Leisure in Northern Ireland.

Details of the expenditure allocations made available to the bodies in question are published each year in the annual REV and the Appropriation Account. The REV also includes Agency Statements, which provide details in relation to expenditure on administration and pay in the previous year. These publications are available on the website of Department of Public Expenditure and Reform at www.per.gov.ie and on the website of the Office of the Comptroller and Auditor General at www.audgen.gov.ie.

There are no commercial semi-Stage agencies or bodies operating within my Department's ambit.

Name of Agency

Number of whole time equivalent staff serving at 30/09/2011

Number of board members (including Chair)

Annual remuneration payable to Chairs and board members

Waterways Ireland

359.81

No board

N/A

Foras na Gaeilge

61

16

Chair: €12,600; Vice-Chair: of €10,350; Board members: €8,100 (south); £5,510 (north)

Ulster-Scots Agency

16.54

8

Chair: £8,570; Board members: €8,100 (south); £5,510 (north).

Údarás na Gaeltachta

92.8

20

Chair: €20,520; Board members: €11,970

Crawford Art Gallery

14

16

No fees paid

National Library of Ireland

109.27

12

Chair: €9,450; Board members: €6,300

Heritage Council

16

11

Chair: €8,978; Board members: €5,985

National Gallery of Ireland

113.20

16

Chair: €8,978; Board members: €5,985

National Concert Hall

59

15

Chair: €8,978; No fee paid to board members

National Museum of Ireland

164.99

16

Chair: €8,978; Board members: €5,985

Irish Museum of Modern Art

81

15

Chair: €8,978; No fee paid to board members

Arts Council

46

13

Chair: €8,978; Board members: €5,985

Irish Film Board

15

7

Chair: €8,978; Board members: €5,985

National Archives

44.7*

No board

N/A

Chester Beatty Library

32.5

12

No fees paid

An Coimisinéir Teanga

6.4*

No board

N/A

*Part of overall Departmental numbers

Mary Lou McDonald

Question:

319 Deputy Mary Lou McDonald asked the Minister for Arts, Heritage and the Gaeltacht if he will provide the following information regarding the agencies operating under his aegis (details supplied) namely, the total number of whole time equivalent staff, the total number of board members, the chairperson’s and board members’ respective remuneration packages, the total annual wage bill and the total amount of central funding provided to the agency inclusive of wage bill. [30920/11]

The Deputy will appreciate that it is not possible to provide the information requested within the constraints imposed by a ‘details supplied' Question. I am, however, arranging for the available information in relation to relevant agencies coming within my Department's ambit to be provided directly to the Deputy as soon as possible.

Departmental Expenditure

Anne Ferris

Question:

320 Deputy Anne Ferris asked the Minister for Arts, Heritage and the Gaeltacht if he will provide details for the years 2006 to 2011, inclusive, of the arrangements entered into by him, any body under his aegis or State agency for which he has responsibility for the obtaining of advice from a senior or junior counsel and or a firm of solicitors; the subject matter for which advice was sought; the names of the barristers and solicitors firms concerned and the fees paid; the nature of the work concerned; if in each case the matter was advertised for competitive tender and if not, the reason; and if he will make a statement on the matter. [30962/11]

As the Deputy will be aware, my Department was established on 2 June 2011. I am advised that from that date no legal advices of the nature referred to in the Deputy's Question were obtained by my Department. With regard to bodies within my Department's ambit, the Deputy will appreciate that the seeking of such legal advices is part of the day-to-day operational responsibilities of the bodies in question. I am arranging, therefore, for the terms of the Deputy's Question to be transmitted to the heads of relevant bodies with a request that they provide information, to the extent feasible, directly to the Deputy.

Mary Lou McDonald

Question:

321 Deputy Mary Lou McDonald asked the Minister for Arts, Heritage and the Gaeltacht the annual cost of the licensed payroll system, CorePay, to his Department. [31051/11]

As the Deputy will be aware, my Department was established on the 2nd of June 2011. As payroll services are provided to my Department by the Financial Shared Service of the Department of Justice and Equality, the annual license maintenance expenditure in relation to the payroll system Corepay is borne by that Department.

Question No. 322 answered with Question No. 316.

Wildlife Conservation

Dominic Hannigan

Question:

323 Deputy Dominic Hannigan asked the Minister for Arts, Heritage and the Gaeltacht if he will ban open season hunting on the curlew in November until such a time as a full and through analysis of the population trends of the curlew can be established; and if he will make a statement on the matter. [31443/11]

I refer the Deputy to my reply to his Question No. 278 of 18 October 2011, where I stated that my Department was reviewing the inclusion of the curlew on the shooting list in view of the steep decline in breeding curlews. Following the review and consultation process outlined in that reply, I intend to make a decision on the matter early in 2012. I do not propose to change the Open Seasons Order until I have considered my Department's review.

Departmental Expenditure

Billy Kelleher

Question:

324 Deputy Billy Kelleher asked the Minister for Arts, Heritage and the Gaeltacht the total expenditure in 2010 on ICT, including staff costs, support and maintenance services, hardware, software, and external resources, including consultancies, contractors and service providers; and all agencies under the aegis of his Department. [31512/11]

I am advised that the total expenditure on ICT incurred by agencies within my Department's ambit during 2010 was as set out in the table that follows. My Department, as currently configured, was established on 2 June 2011. The Deputy will appreciate, therefore, that it is not feasible to provide meaningful details of Departmental expenditure on ICT during the timeframe specified.

Name of Agency

Total Expenditure on ICT in 2010

Waterways Ireland

€1,476,125

An Foras Teanga: Foras na Gaeilge

€267,437

An Foras Teanga: Ulster Scots Agency

€23,492

Údarás na Gaeltachta

€545,296

An Coimisinéir Teanga

€23,712

Crawford Art Gallery

€6,060

National Library of Ireland

€560,434

Heritage Council

€169,593

National Gallery of Ireland

€261,550

National Concert Hall

€310,765

National Museum of Ireland

€776,617

Irish Museum of Modern Art

€109,000

Arts Council

€725,214

Chester Beatty Library

€94,509

Irish Film Board

€64,213

Warmer Homes Scheme

Frank Feighan

Question:

325 Deputy Frank Feighan asked the Minister for Communications, Energy and Natural Resources the reason Mureas, a company operating under the warmer homes scheme, is not completing approved work for attic and wall insulation, which has meant that only the attic has been finished with promises that staff would return to complete walls; the steps he will take to ensure those half finished projects are completed; the steps he will undertake to have Mureas complete its commitments under the scheme; and if he will make a statement on the matter. [30862/11]

Better Energy: Warmer Homes delivers a range of energy efficiency measures to households that are vulnerable to energy poverty. This will enable over 20,000 low-income homes to benefit from energy efficiency retrofit measures this year. The scheme is managed by the Sustainable Energy Authority of Ireland (SEAI) and delivered through a range of Community Based Organisations (CBOs), augmented by a panel of private contractors. Due to the mixed delivery model and variations across CBOs, the number of measures available to particular homes can vary from region to region.

Most, but not all, of these CBOs are in a position to deliver cavity wall insulation (CWI) as well as standard measures under the scheme. Standard measures include attic insulation, draught proofing, lagging jacket, CFLs and energy advice. In County Roscommon there are two CBOs operating — one which delivers standard measures only (Mureas) and a second which delivers standard measures plus cavity wall insulation, Roscommon Integrated Development Company (RIDC). In defined circumstances last year the SEAI allowed RIDC to deliver cavity wall insulation to homes that were allocated to Mureas. If the Deputy has information that suggests there are homes that were promised cavity wall insulation by Mureas, but which have not yet received it to date, then I will ensure my officials investigate the matter fully.

There has been a significant uptake in applications and interest in the Warmer Homes Scheme over the last three years. SEAI's objective is to maximise the number of vulnerable homes to receive support, in line with budgetary and other resources. While SEAI advises that surveys are carried out on eligible homes to identify a range of potential measures, lower cost measures are given priority in order to address the maximum number of vulnerable homes within available resources. Interventions are limited to single visits per home.

The SEAI recently held an information day for members of the Oireachtas. Staff from SEAI were on hand to explain the current range of schemes and programmes and to address any queries. Queries in relation to individual applications are an operational matter for the SEAI and dedicated hot lines for both schemes are available (Better Energy: Warmer Homes hot line — 1800 250 204 and Better Energy: Homes hotline — 1850 927 000). In addition, the SEAI has recently established a specific email address for queries from Oireachtas members which can be sent to oireachtas@seai.ie and will be dealt with promptly.

Housing Grants

Catherine Murphy

Question:

326 Deputy Catherine Murphy asked the Minister for Communications, Energy and Natural Resources the date on which the proposed pay as you save home retrofitting scheme will come into operation; the measures home owners may expect from the scheme; if the scheme will apply to rented properties; and if he will make a statement on the matter. [30732/11]

The Programme for Government includes a commitment to roll out a Pay-As-You-Save (PAYS) energy retrofit scheme after 2013. Such a scheme will substitute for Exchequer funding currently being provided. The 2011 capital allocation is €91.4m. To date under Better Energy: Homes, efficiency upgrades have been completed in 45,990 homes this year and over 100,000 homes since the programme commenced in 2009.

The PAYS concept is an innovative financing mechanism that would allow consumers to finance upgrades directly through the energy savings generated. My Department has established a project team to undertake the necessary technical and financial analysis of a PAYS model in the Irish context and will submit an initial report to me in the coming weeks. The potential application of a PAYS mechanism to rental properties is being assessed as part of the analysis.

Departmental Bodies

Brendan Griffin

Question:

327 Deputy Brendan Griffin asked the Minister for Communications, Energy and Natural Resources the position regarding the formation of the inland fisheries forum; and if he will make a statement on the matter. [30756/11]

The National Inland Fisheries Forum is established by Inland Fisheries Ireland (IFI) in accordance with section 7(4)(a) of the Inland Fisheries Act 2010, (No 10, 2010).

The Chairperson of the National Inland Fisheries Forum, Derek Davis, and membership was appointed in accordance with the terms of reference agreed with IFI, as provided for in section 7(4)(b) of the statute. The Forum is required to meet not less than twice a year. The first meeting of the Forum took place on 20 October 2011. The Forum consists of 60 members who were appointed following an open selection process conducted by the Public Appointments Service on behalf of IFI.

The Forum includes a broad spectrum of stakeholders in the inland fisheries sector who have demonstrated knowledge or expertise in a number of key sectors including, inter alia, recreational and commercial fisheries, environment, business, tourism, marketing, aquaculture and agriculture. In appointing members, recognition was given to the importance of a regional dimension to the composition of the Forum ensuring each River Basin District is appropriately represented.

I believe that the Forum will provide a meaningful channel of communication between the stakeholders and management of the inland fisheries resource. I expect that the Forum will provide the various stakeholders with an opportunity to influence policies on how the resource is managed and developed in the current challenging economic climate and into the future. I would like to put on record of the House my appreciation to the members for the time and attention they have committed to the Forum, noting that the valuable spirit of volunteerism is alive in the inland fisheries sector.

Departmental Agencies

Mary Lou McDonald

Question:

328 Deputy Mary Lou McDonald asked the Minister for Communications, Energy and Natural Resources if he will provide the following information regarding the agency operating under the aegis of his Department (details supplied) the number of whole time equivalent staff; the number of board members; the chairperson's and board members' respective remuneration packages; the annual wage bill and the amount of central funding provided to the agency inclusive of wage bill. [30771/11]

The Mining Board consists of a Chairman and two ordinary members. The Secretary to the board is not a full time position and is resourced from Department funds.

The current fees payable to the Chairman are as follows:

Fees per day for public and private sittings

582.97

Fees per full day for any necessary attendance (other than sittings) in discharge of the Board’s business

200.93

There are no fees payable to the members of the Board. As the Board meets only when required to do so funding is provided as required.

Mary Lou McDonald

Question:

329 Deputy Mary Lou McDonald asked the Minister for Communications, Energy and Natural Resources if he will provide a list of all non-commercial State agencies under the aegis of his Department. [30779/11]

I can inform the Deputy that the number of non-commercial State bodies, including regulators, under the aegis of my Department is 11, as follows:

Broadcasting Authority of Ireland

Inland Fisheries Ireland

Commission for Communications Regulation

Commission for Energy Regulation

Digital Hub Development Agency

Foyle, Carlingford and Irish Lights Commission (Loughs Agency)

National Oil Reserves Agency

Irish National Petroleum Corporation

Mining Board

Ordnance Survey Ireland

Sustainable Energy Authority of Ireland

Postal Service

Regina Doherty

Question:

330 Deputy Regina Doherty asked the Minister for Communications, Energy and Natural Resources in view of the recent changes to postal services in Ashbourne, County Meath and the fact that the nearest sorting office is in Dunshaughlin, County Meath, and there is no public transport between Ashbourne and Dunshaughlin, if he can suggest an alternative mechanism by which persons who work full time and have no access to private transport, can retrieve their post from An Post; and if he will make a statement on the matter. [30837/11]

I have no statutory role in relation to the issues raised by the Deputy. An Post's mail handling and delivery services are an operational matter for An Post and details of these services, including options in place for customers in regard to re-delivery of un-delivered mail, are available from An Post at www.anpost.ie.

Departmental Agencies

Mary Lou McDonald

Question:

331 Deputy Mary Lou McDonald asked the Minister for Communications, Energy and Natural Resources if all non-commercial State agency employees under his Department’s aegis are paid directly from the Exchequer. [30884/11]

Pay allocations in respect of three of the non-commercial State agencies under the aegis of my Department are provided for in my Department's Vote. They are:

Digital Hub Development Agency

Inland Fisheries Ireland

Sustainable Energy Authority of Ireland.

Energy Policy

Catherine Murphy

Question:

332 Deputy Catherine Murphy asked the Minister for Communications, Energy and Natural Resources if he has reviewed chapter three of the International Monetary Fund World Economic Outlook published in April 2011 (details supplied); the policy actions he proposes to address the serious challenges raised by the IMF in chapter three of this report; and if he will make a statement on the matter. [30934/11]

Ireland remains critically dependent on imported fossil fuels, particularly oil and natural gas. This dependency underlines the immediate and long term imperatives of enhancing energy security, reducing price volatility and ensuring energy sustainability. National energy policy objectives are in line with overall EU policy objectives and are informed by the critical work of the International Energy Agency (IEA) on all aspects of energy supply.

The IMF Economic Outlook, which draws on IEA forecasts and analysis, points to the possibility that global oil markets have entered a period of increased scarcity and concludes that policymakers should strengthen measures to reduce the risks from potential oil scarcity. The Government is fully committed to delivering national energy efficiency and renewable energy objectives which are aimed at moving the economy away from reliance on imported, carbon intensive fossil fuels.

The electrification of transport offers significant potential for Ireland, not just in terms of energy efficiency but also because of the ability to use cheaper grid sourced electricity, an increasing amount of which will be sourced from renewable resources as we progressively deliver on our ambitious target of 40% renewable generation by 2020. In addition, the Biofuel Obligation Scheme incentivises and enables the sustainable growth of an Irish biofuels market affording opportunities for indigenous biofuel producers and allowing for the displacement of traditional oil products in the transport sector.

The Better Energy scheme provides Exchequer supported incentives for energy efficiency and renewable energy upgrades, brings 25 energy suppliers on board as partners to directly offer upgrade services to consumers and supports energy efficiency upgrades in low-income private housing. Delivery on these commitments will progressively reduce our dependence on imported fossil fuels, while supporting energy competitiveness and security as well as employment and economic activity.

Electricity Generation

Catherine Murphy

Question:

333 Deputy Catherine Murphy asked the Minister for Communications, Energy and Natural Resources the estimated additional cost of the Meath-Tyrone interconnector project, having regard to the fact that a circuitous route has been selected to avoid the very high concentrations of one-off housing along the route; and if he will make a statement on the matter. [30935/11]

The planning, development and routing of transmission line infrastructure is a matter for EirGrid, the State owned body responsible for the electricity transmission system. I have no statutory function regarding the planning and construction of energy networks.

Housing Grants

Dan Neville

Question:

334 Deputy Dan Neville asked the Minister for Communications, Energy and Natural Resources if there is a grant assistance available to a person (details supplied) in County Limerick. [30939/11]

I announced the launch of Better Energy: the National Upgrade Programme, in May this year as part of the Government’s Jobs Initiative. Better Energy: Homes encompasses the three established energy efficiency and renewable energy programmes: the Home Energy Savings Scheme (HES), the Warmer Homes Scheme (WHS) and the Greener Homes Scheme (GHS). Measures supported under Better Energy Programme are those designed to deliver the greatest energy savings, thus optimising the value achieved from the Exchequer funding and the value for the householder. The measures grant-aided under this strand include roof and wall insulation, high efficiency boilers, heating control upgrades and solar thermal.

Support for biomass and wood pellet burners through the Greener Homes Scheme was designed to develop a mature and functioning market, which is now in place. Having achieved its objectives wood pellet, wood gasification and heat pump technologies are no longer grant aided and the Scheme has now closed. The Sustainable Energy Authority of Ireland (SEAI) administers Better Energy on behalf of my Department. Queries in relation to individual applications are an operational matter for the SEAI and dedicated hot lines for both schemes are available (Better Energy: Warmer Homes hot line — 1800 250 204 and Better Energy: Homes hot line — 1850 927 000). All queries, from scheme applicants and public representatives, on delivery dates for individual households and/or funding arrangements are dealt with immediately. In addition, the SEAI has recently established a specific email address for queries from Oireachtas members at oireachtas@seai.ie.

Departmental Expenditure

Anne Ferris

Question:

335 Deputy Anne Ferris asked the Minister for Communications, Energy and Natural Resources if he will provide details for the years 2006 to 2011, inclusive, of the arrangements entered into by him, any body under his aegis or State agency for which he has responsibility for the obtaining of advice from a senior or junior counsel and or a firm of solicitors; the subject matter for which advice was sought; the names of the barristers' and solicitors' firms concerned and the fees paid; the nature of the work concerned; if in each case the matter was advertised for competitive tender and if not, the reason; and if he will make a statement on the matter. [30964/11]

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

Broadcasting Services

Michael McCarthy

Question:

336 Deputy Michael McCarthy asked the Minister for Communications, Energy and Natural Resources the towns and townlands in west Cork which will not be covered by the new Saor-view digital television service next year following the switch from the analogue service; and if he will make a statement on the matter. [31005/11]

Issues relating to television coverage in specific areas of the country are an operational matter for RTÉ. The Broadcasting Act 2009 provides for RTÉ to rollout a digital TV network to the same extent as the analogue TV network. RTÉ has informed my Department that the current analogue TV network covers 98% of the population and that its new digital TV network called Saorview will also cover 98% of the population.

RTÉ has developed a website providing information on the Saorview service including coverage information and this is available on its website www.saorview.ie.

In addition, RTÉ is planning to launch a new ‘free-to-air' satellite service to cover the remaining 2% of the population. RTÉ is not obliged to provide a satellite service and is doing so on its own initiative. It is my understanding that, once the satellite service has launched, it will mean that Ireland will have a national TV network covering 100% of the population, for the first time. RTÉ is currently testing the satellite service to check, inter alia, coverage and other issues and to ensure the availability of satellite receivers, once it launches. RTÉ considers that the service will be ready to launch in early 2012.

Departmental Expenditure

Mary Lou McDonald

Question:

337 Deputy Mary Lou McDonald asked the Minister for Communications, Energy and Natural Resources the annual cost of the licensed payroll system, CorePay, to his Department. [31053/11]

My Department paid €23,343 ex VAT in annual licensing costs of Corepay system in 2010. Earlier this year however, my Department entered into a shared services agreement with the Department of Finance which now hosts payroll facilities on the Department of Communications, Energy and Natural Resource's behalf.

Telecommunications Services

Joe McHugh

Question:

338 Deputy Joe McHugh asked the Minister for Communications, Energy and Natural Resources the position regarding a date for broadband roll-out at a location (details supplied) in County Donegal; and if he will make a statement on the matter. [31080/11]

The area referred to in the Deputy's Question is covered by the National Broadband Scheme (NBS). Full broadband services have been available to all premises throughout the NBS target areas, including St. Johnston in County Donegal, since October 2010. Information on the NBS is also available at http://three.ie/nbs/.

Éamon Ó Cuív

Question:

339 Deputy Éamon Ó Cuív asked the Minister for Communications, Energy and Natural Resources if, in view of the reply he gave to Deputy Noel Coonan on 11 October 2011, he will confirm that the e-mail address, nationalbroadbandscheme@nbs.ie, exists; if it does not, he will correct the record of Dáil Éireann; and if he will make a statement on the matter. [31279/11]

The Deputy correctly points out the error in the email address given in respect of the dedicated National Broadband Scheme mailbox operated by my Department. The correct information, as appears on my Department's website, should have read: nationalbroadbandscheme@dcenr.gov.ie.

I wish to apologise to the House for this inadvertent typographical error and wish to correct the record where it appeared in responses to previous Parliamentary Questions. Accordingly, I wish to amend the response to Parliamentary Question Number 197 dated 31 May 2011 to the Deputy, Parliamentary Question Number 321 dated 27 September 2011 to Deputy Creed and to Parliamentary Question Number 305 dated 11 October 2011 to Deputy Coonan insofar as the email address is concerned.

Housing Grants

Dominic Hannigan

Question:

340 Deputy Dominic Hannigan asked the Minister for Communications, Energy and Natural Resources the number of homes in County Meath that have been approved for work under warmer home scheme; if he will provide a breakdown of each of the type of work being done on homes in County Meath; the average waiting time after grant approval in County Meath for the work to be carried out; and if he will make a statement on the matter. [31287/11]

The low income housing / energy poverty strand of Better Energy aims to provide energy efficiency improvements to low-income homes unable to afford the cost of implementing such measures. ‘Better Energy: Warmer Homes' delivers a range of energy efficiency measures to households that are vulnerable to energy poverty. The scheme is managed by the Sustainable Energy Authority of Ireland (SEAI) and delivered through a range of Community Based Organisations (CBOs), augmented by a panel of private contractors. Due to the mixed delivery model and variations across CBOs, the number of measures available to particular homes can vary from region to region.

To date, energy efficiency improvements in over 73,000 homes have been made under Better Energy: Warmer Homes. In 2010, 24,291 homes benefitted under the scheme, including 954 homes in County Meath. 13,313 homes have been improved to the end of September 2011, including 238 homes in County Meath. The measures installed include attic and cavity wall insulation, draught proofing, hot water cylinder lagging jacket and CFLs. Homeowners are also given energy advice. In 2011 to date, 225 homes in County Meath received attic insulation, 104 homes received cavity wall insulation and 172 homes received draught proofing.

There has been a significant uptake in applications and interest in the scheme over the last three years. The success of the scheme in 2010 led to increased awareness and demand, and a subsequent increase in waiting times. There are currently 11,223 homes nationwide on the Better Energy: Warmer Homes waiting list, of which 214 are in County Meath. While the waiting time for measures may vary, depending on demand and the CBOs and contractor capacity for that particular area, SEAI are working towards a six-month timeframe for service delivery. SEAI is currently working with the CBOs and private contractors to prioritise delivery in the coming months to those homes which have been waiting for the longest period, subject to resource availability.

Departmental Agencies

Mary Lou McDonald

Question:

341 Deputy Mary Lou McDonald asked the Minister for Communications, Energy and Natural Resources if he will provide a list of all commercial semi-State companies under his aegis. [31389/11]

I can inform the Deputy that the number of commercial semi-State bodies under the aegis of my Department is seven, as follows:

An Post

Bord Gáis Éireann

Bord na Móna

EirGrid

Electricity Supply Board (ESB)

Raidió Teilifís Éireann

Teilifís na Gaeilge

Broadcasting Services

Paudie Coffey

Question:

342 Deputy Paudie Coffey asked the Minister for Communications, Energy and Natural Resources if there is any facility for Irish citizens in Northern Ireland or the UK to access Irish television stations through the new Saorview service; and if he will make a statement on the matter. [31432/11]

As the Deputy may be aware, a Memorandum of Understanding (MoU) was signed by the British and Irish Governments on 1 February 2010. The Memorandum deals with broadcast services and related radio spectrum issues in the context of the provision of digital terrestrial services on the island of Ireland and provides for cooperation between the authorities in both jurisdictions on this issue. One of the main aims of the Memorandum is to ensure the continued provision of TG4 in Northern Ireland after the switch-off of the analogue broadcast signals on 24 October 2012. Under the Memorandum, the UK Government has also agreed to facilitate the widespread availability of RTÉ 1 and RTÉ 2 on the Northern Ireland digital terrestrial television network.

My Department continues to engage with ComReg, the Broadcasting Authority of Ireland, the Department of Foreign Affairs and Trade, RTÉ and the Authorities in the UK on these issues and much progress has been made to date. I can confirm that the UK authorities have made spectrum available in Northern Ireland to facilitate this aim and work in now continuing on the detailed planning and procurement required to make these services available in Northern Ireland by the end of 2012.

In addition, the Memorandum has facilitated the development of a coordinated approach on both sides of the border in respect of the roll-out of digital terrestrial television (DTT) and analogue switch-off. I recently announced Wednesday 24 October 2012 as the official date of completion of the digital TV switchover, when the analogue TV network in Ireland will be switched off. Digital UK also announced that the analogue TV network will also be turned off in Northern Ireland on 24 October 2012, in order to make the transition to digital as straightforward as possible for TV viewers and broadcasters.

In addition to the reception of signals from the Northern Ireland DTT network, certain parts of Northern Ireland will continue to receive the Irish channels from ‘overspill', which is when broadcast signals are received outside of the intended coverage area. This currently happens to an extent with the existing analogue system and will continue to occur after analogue switch-off with the Saorview DTT system. There are currently no plans, however, for extending the coverage of the services available on Saorview to Britain.

Natural Gas Grid

Denis Naughten

Question:

343 Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources his views on the Western Development Commission paper, Why Invest in Gas, which outlines the clear benefit of extending the natural gas distribution network to the north west; and if he will make a statement on the matter. [31440/11]

The Commission for Energy Regulation (CER), which is a statutory, independent body, has, since 2002, been charged with all aspects of the assessment and licensing of prospective operators who wish to develop and/or operate a gas distribution system within the State under the Gas (Interim) (Regulation) Act 2002. I have no direct statutory function in relation to the connection of towns to the gas network.

The development and expansion of the natural gas network is in the first instance a commercial matter for Gaslink, which is mandated under Section 8 of the Gas Act 1976, as amended, to develop and maintain a system for the supply of natural gas that is both economical and efficient. The CER, in 2006, approved a new network connections policy, which created the opportunity to reassess the feasibility of connecting certain towns to the gas network. In order for any town to be connected to the gas network, certain economic criteria need to be satisfied as a prerequisite. The policy allows for the appraisal of a town either on its own or as part of a regional group of towns.

This policy ensures that, over a certain period, the costs of connecting the town, or group of towns, to the network are recouped through the actual economic consumption of gas and the associated tariffs. Otherwise, uneconomic projects will increase costs for all energy consumers.

Having regard to the CER policy on new towns connections, Bord Gáis Networks, and more recently Gaslink, have carried out a comprehensive review of towns not connected to the national gas network. In April 2010, Gaslink published its ‘New Towns Analysis Phase 3' report. The study is a comprehensive assessment of 39 towns not already connected to the national gas network. It was approved for publication by the CER following detailed economic analysis based on the criteria outlined in the CER's policy. The report reviewed the feasibility of connecting 11 towns in the West and North West region which are again the focus of the Western Development Commission paper, ‘Why Invest in Gas'. However, the Gaslink report found that none of the towns qualified for connection on economic grounds. Consequently, there would appear to be no case for connecting these towns to the network.

The analysis by Gaslink supports the results of a feasibility study, commissioned by my Department in July 2004. That study concluded that the extension of the Galway Mayo pipeline to Sligo and Donegal would require 100% subvention of the capital costs and would also require an annual subvention to offset the operational costs of the pipeline. Based on this cost benefit analysis, there would appear be no case for the investment of State funds to extend the gas network to the towns examined. In the meantime, Gaslink will continue to review towns which did not qualify for connection under the Study and other towns on an ongoing basis. The key factor which would qualify a town or group of towns in any future review would be a significant increase in demand for natural gas, probably resulting from the addition of a new large industrial or commercial facility.

Brendan Griffin

Question:

344 Deputy Brendan Griffin asked the Minister for Communications, Energy and Natural Resources further to Parliamentary Question No. 329 of 18 October 2011, the actions he will take to ensure the future of an economically crucial project (details supplied) in County Kerry; if his attention has been drawn to the jobs potential for County Kerry associated with this project; and if he will make a statement on the matter. [31465/11]

Since 2002, the regulation of the gas market has been the responsibility of the Commission for Energy Regulation (CER), which is statutorily independent in the performance of its functions. I have no direct statutory function in relation to liquefied natural gas (or LNG) projects, including specific projects like the Shannon LNG project.

I understand that Shannon LNG — a wholly owned subsidiary of the US firm Hess LNG — received full planning permission in 2008 for its proposed "merchant" development of a liquefied natural gas (LNG) re-gasification facility near Ballylongford in County Kerry.

I also understand that Shannon LNG, among others in the gas industry, currently has an interest in the outcome of a deliberative process being undertaken by the CER in regard to the regulatory treatment of the gas interconnectors with Great Britain. This issue, currently under consideration, is an extremely complex regulatory question given not least the implications for gas and electricity business and domestic consumers. The CER's ongoing deliberative process in this regard is at an extremely advanced stage with a decision expected to be made in the next month or so.

I strongly welcome Shannon LNG's proposal to construct a merchant LNG re-gasification terminal, as did my predecessor on several occasions. Within the EU, Member States differ significantly in their reliance on LNG with some states having zero imports while others such as Spain import LNG for the bulk of their gas requirements.

The project, should it proceed, would be the first LNG terminal on the island of Ireland. With 96% of Ireland's gas demand currently being supplied through the interconnectors, the proposed facility would provide additional security of supply, in that it would bring diversity to Ireland's supply sources and bring direct connectivity for the first time between Ireland and the global LNG market. The prospect of such a facility is therefore a potentially positive step for the island of Ireland in energy security terms. The employment aspects would also be beneficial were the project to go ahead.

While neither I nor my Department have any direct role in regard to the project, pro-active support for the project can be demonstrated by the ongoing engagement by Ministers and Departmental officials with the company. The CEO of Shannon LNG has been in regular contact with the Department and the CER in regard to the project since its announcement in 2006. Since assuming office, I have met with senior management in Shannon LNG and Hess LNG and also with a local delegation in regard to the project.

Departmental Expenditure

Billy Kelleher

Question:

345 Deputy Billy Kelleher asked the Minister for Communications, Energy and Natural Resources the total expenditure in 2010 on ICT, including staff costs, support and maintenance services, hardware, software, and external resources, including consultancies, contractors and service providers, and all agencies under the aegis of his Department. [31514/11]

My Department ensures that all public procurement procedures as outlined by the Department of Finance are adhered to during the procurement process. As part of these processes every effort is being undertaken to ensure value for money and achieve cost reductions.

Notably, my Department earlier this year, as part of the Croke Park Agreement, has implemented an agreement with the Department of Agriculture, Fisheries and Food to receive a service from that Department for the maintenance of IT helpdesk services and network infrastructure. This arrangement, which is the first shared service to apply to a full Government Department, will provide long-term savings on licensing and maintenance costs and is likely to be a model for future IT services for smaller Government Departments. A further shared services initiative has been entered into with the Department of Finance who host payroll facilities for my Department from September 2011.

The purchase of IT equipment for Agencies under the aegis of my Department is an operational matter for each Agency and I have no function in that regard. However, each Exchequer funded Agency makes annual returns to the Department of Public Expenditure and Reform on all ICT expenditure.

Telecommunications Services

Jim Daly

Question:

346 Deputy Jim Daly asked the Minister for Communications, Energy and Natural Resources the options available to a community that is availing of the Government supported broadband scheme delivered by a company (details supplied) and is not receiving the minimum speed promised under the scheme; and if he will make a statement on the matter. [31559/11]

Firstly, I should clarify that Enniskeane, County Cork is not covered by the National Broadband Scheme (NBS). Outside of the NBS Area, "3" the NBS service provider, operates as a private telecommunications service provider and I have no role in resolving customer dissatisfaction with the service provided. Where broadband subscribers have complaints or issues relating to the quality and/or consistency of the service they are receiving and have exhausted the Service Provider's (in this case 3's) complaints process, they should refer the matter to ComReg, the independent regulator for the sector.

While Enniskeane falls outside the NBS area, the neighbouring Electoral Divisions of Cashel (ED Ref: 47078) and Baurleigh (ED Ref: 47045) come within the ambit of the Scheme. For residents availing of a service in these NBS areas, the NBS contract guarantees service levels and imposes a service credit regime on "3" with financial consequences in the event that minimum specification service levels are not met. My Department and its external consultants actively monitor coverage within the NBS areas. Any NBS customer experiencing problems with the NBS service can contact 3’s customer care centre 24 hours a day, 7 days a week by phone at 1913 (free of charge).

My Department has a role when customers have fully utilised 3's established complaints process and consider their complaint has not been resolved. It operates a dedicated NBS mailbox, which NBS customers can contact by email at nationalbroadbandscheme@dcenr.gov.ie with any comments or complaints they may have about their NBS service.

Election Management System

Robert Dowds

Question:

347 Deputy Robert Dowds asked the Minister for the Environment, Community and Local Government if he will consider extending the right to vote in EU and Dáil elections to non-EU immigrants who have been given leave to remain here; and if he will make a statement on the matter. [30810/11]

Subject to age and residency requirements, a person's citizenship determines the polls at which he or she is entitled to to vote, as follows:

all non-citizens are entitled to vote at local elections,

non-citizens who are citizens of EU Member States are entitled, in addition, to vote at European Parliament elections,

British citizens may vote in Dail, European Parliament and local elections. While no agreements are currently in place, electoral law provides that citizens of other EU Member States, with whom Ireland may enter into an agreement to allow each other's citizens to vote in their respective National Parliaments, are also entitled to vote in Dail elections, and Irish Citizens alone are entitled to vote in Presidential elections and referendums. While electoral law is subject to ongoing review I have no proposals at present to extend the current arrangements for voting by non-citizens.

Local Authority Services

Brendan Griffin

Question:

348 Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if he will establish a centralised debt management service for local authorities; and if he will make a statement on the matter. [31179/11]

I refer to the reply to Question No. 153 of 5 October 2011. The position is unchanged.

Building Regulations

Terence Flanagan

Question:

349 Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the financial assistance available to the residents of Priory Hall, Dublin 13, who have had to leave their apartment complex due to a lack of fire safety through no fault of their own and also need help with mortgage repayments if they are moved from a hotel to another apartment block in the interim while works are completed and forced to pay rent on top of a mortgage which is not an option for owners; and if he will make a statement on the matter. [31423/11]

Joanna Tuffy

Question:

350 Deputy Joanna Tuffy asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that a number of serious issues have been raised by residents and the fire officer in relation to an apartment complex (details supplied) in Dublin 22; the steps he will take to ensure that these issues will be satisfactorily resolved; and if he will make a statement on the matter. [31647/11]

Joanna Tuffy

Question:

351 Deputy Joanna Tuffy asked the Minister for the Environment, Community and Local Government his views on the need for an urgent review and reform of building and fire regulations and inspection regimes, ending self-regulation; and if he will make a statement on the matter. [31731/11]

Terence Flanagan

Question:

382 Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if he will be contacting all local authorities requesting them to carry out an audit of all multi-unit buildings built during the boom years and further requesting them to confirm to him that there are no more complexes like Priory Hall throughout the country; and if he will make a statement on the matter. [31424/11]

Terence Flanagan

Question:

383 Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the assistance available to the residents of Priory Hall, Dublin 13, who have had to leave their apartment complex while the apartment block is upgraded due to a lack of fire safety; and if he will make a statement on the matter. [31425/11]

Terence Flanagan

Question:

384 Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government his plans to make policy changes to ensure that cases like Priory Hall, Dublin, never happen again; and if he will make a statement on the matter. [31426/11]

I propose to take Questions Nos. 349 to 351, inclusive, and 382 to 384, inclusive, together.

My Department is liaising with local authorities in relation to significant building control issues that have arisen in other multi-unit developments across the country, including the Aras na Cluaine Complex, Clondalkin, Dublin 22 which has already been the subject of court proceedings brought by South Dublin County Council. Local authorities already have extensive powers of inspection and enforcement under current legislation and have used such powers on a number of occasions where circumstances similar to those at Priory Hall have arisen. I have urged local authorities to continue to use all of the powers currently available to them to address serious building defects.

I attach high priority to consumer protection in the area of quality construction of new dwellings. That is why, in July 2010, I announced a number of measures to be advanced by my Department and local authorities with a view to improving compliance with, and oversight of, the requirements of the Building Regulations. In broad terms the measures will involve:-

(a) the introduction of mandatory certificates of compliance by builders and designers of buildings confirming that the statutory requirements of the Building Regulations have been met;

(b) more efficient pooling of building control staff and resources across the local authority sector to ensure more effective and meaningful oversight of building activity;

(c) standardised approaches and common protocols to ensure nationwide consistency in the administration of building control functions;

(d) better support and further development of the building control function nationwide.

Mandatory certification and improved inspection arrangements are key reforms which will, I believe, have the capacity to improve the quality of buildings and will lead to further strengthening of the regulatory regime as early as possible in 2012. It is important to note, however, that a robust system of building control does exist and this is demonstrated by the Priory Hall situation where the local authority is successfully using its powers to make the appropriate party responsible.

In relation to further financial assistance and help with mortgage repayments for Priory Hall residents, I understand that Dublin City Council, having moved quickly to make arrangements for the provision of temporary accommodation for affected residents who required it, continues to engage with the residents in order to address and advise them in relation to specific family and individual needs. I have no function in relation to this aspect of the matter but I have asked Dublin City Council to do all they can to assist the affected residents and see them through this very stressful and distressing ordeal. I would also urge relevant financial institutions to show similar compassion and understanding in their dealings with affected residents.

Local Authority Funding

Kevin Humphreys

Question:

352 Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government the position regarding an application for funding for precinct improvement works at a location (details supplied) in Dublin 4; and if he will make a statement on the matter. [30740/11]

I refer to the reply to Question No. 419 of 5 July 2011 which sets out the position in this matter. My Department is still awaiting the submission to it from Dublin City Council of a cost benefit analysis as well as a full capital appraisal, which when submitted will facilitate a full assessment of the proposal.

Social and Affordable Housing

Simon Harris

Question:

353 Deputy Simon Harris asked the Minister for the Environment, Community and Local Government if local authorities are mandated to consider if persons on social housing lists have had their housing needs fulfilled when they are accepted onto the rental accommodation scheme; if they will still be considered for housing opportunities on social housing lists; and if he will make a statement on the matter. [30749/11]

The Housing Miscellaneous Provisions Act 2009 gives legislative recognition to rental accommodation availability agreements as a form of social housing support. Consequently, since 1 April 2011, RAS tenants are now considered to be in receipt of social housing support and should not generally remain on the housing waiting lists for new applicants for social housing.

In recognition that RAS tenants may have had reasonable expectations about retaining access to traditional local authority rented accommodation, guidance issued by my Department in May 2011 this year recommended that there should be a special transfer pathway for RAS tenants to other forms of social housing support. It is my understanding that the members of many authorities have now included a provision of this type in their Allocation Schemes and that such tenants are included on transfer waiting lists. The Housing Agency will shortly issue updated and more detailed guidance to authorities on the matter.

RAS tenants obtain significant benefits through being in receipt of social housing support compared to remaining on Rent Supplement. In the first instance, it allows such tenants to take up full-time employment following their move to RAS. Secondly, the housing needs of the tenants become the responsibility of the housing authority, with the added security that implies. Finally, it ensures that tenants do not have to apply for social housing and be assessed under the new Housing Needs Assessment criteria.

Departmental Agencies

Mary Lou McDonald

Question:

354 Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government if he will provide a list of all non-commercial State agencies under the aegis of his Department. [30782/11]

Mary Lou McDonald

Question:

380 Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government if he will provide a list of all commercial semi-State companies under his aegis. [31392/11]

I propose to take Questions Nos. 354 and 380 together.

The following is a list of the State Agencies under the aegis of my Department. None are considered to be commercial State Agencies.

An Board Pleanala

Building Regulations Advisory Board

An Chomhairle Leabharlanna

Comhar

Dormant Accounts Board

Dublin Docklands Development Authority

Environmental Protection Agency

Housing Finance Agency

Housing and Sustainable Communities Ltd

Irish Water Safety

Limerick Northside Regeneration Agency

Limerick Southside Regeneration Agency

Local Government Management Agency (combines Local Government

Management Services Board and Local Government Computer Services Board)

National Travelers Accommodation Consultative Committee

Private Rental Tenancies Board

Radiological Protection Institute of Ireland

Western Development Commission

Pobal is a Limited Company and the Dormant Accounts Board will be dissolved and functions transferred into my Department. Not included above are the Affordable Homes Partnership, the National Building Agency, and the Rent Tribunal as these bodies have been subsumed into other bodies within my Department as detailed below.

On 10th October 2011 I announced further rationalisation of State agencies in my Department.

An Chomhairle Leabharlanna will be dissolved, with any key residual functions to be subsumed into an existing public body.

Comhar, the Sustainable Development Council, will be integrated into the National Economic and Social Council (NESC).

The Housing and Sustainable Communities Agency (HSCA) has been established and is operating on an administrative basis. It rationalises the functions of the National Building Agency (NBA), the Affordable Homes Partnership (AHP) and the Centre for Housing Research (CHR). The AHP and the CHR have been closed down and the NBA is in the process of being wound down.

The Local Government Management Services Board and the Local Government Computer Services Board are merging as the Local Government Management Agency. Pending necessary legislation, a common board and Chief Executive have been put in place on an interim basis and joint management arrangements are being implemented. The rationalisation process includes the closure of regional offices in Limerick and Waterford and other non-pay savings have been achieved by rationalising the use of products and services such as software licensing, hardware infrastructure, phone systems etc.

The Limerick Northside and Southside Regeneration Agencies are being serviced by a single executive, and resources freed up through this are being used to deliver the Phase 1 implementation plans for Limerick Regeneration. (The agencies' roles will be replaced through the development of a joint management arrangement in 2012 for Limerick City and Limerick County Council as a step to the merger of the two Councils);

The administrative functions of the Rent Tribunal have transferred to the Private Residential Tenancies Board.

The functions of the Fire Services Council are now subsumed into my Department.

Local Authority Funding

Brendan Smith

Question:

355 Deputy Brendan Smith asked the Minister for the Environment, Community and Local Government when Monaghan County Council will be reimbursed for expenditure already incurred (details supplied); and if he will make a statement on the matter. [30857/11]

My Department will finalise its examination of the County Council's payment claims referred to in the question as soon as possible, in the light of additional information supplied by the Council.

Public Sector Pay

Mary Lou McDonald

Question:

356 Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government the saving to the State if all local authority salaries were capped at €100,000 per year. [30880/11]

The capping of salaries of local authority employees would involve changes to their terms and conditions and is a policy matter for the Minister for Public Expenditure and Reform.

Departmental Agencies

Mary Lou McDonald

Question:

357 Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government if all non-commercial State agency employees under his Department’s aegis are paid directly from the Exchequer. [30887/11]

The employees of the State Agencies under the aegis of my Department are funded from the income of the State Agencies in question rather than directly from the Exchequer. A variety of funding mechanisms of State Agencies are in place including core funding from my Department, levies on local authorities, and income generation from services supplied.

Mary Lou McDonald

Question:

358 Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government if he will provide the following information regarding the agencies operating under his aegis (details supplied) namely, the total number of whole time equivalent staff, the total number of board members, the chairperson and board members respective remuneration packages, the total annual wage bill; and the total amount of central funding provided to the agency inclusive of wage bill. [30906/11]

The table contains the information requested in relation to the State Agencies under the aegis of my Department. There are twenty one Agencies plus Pobal which is a limited company.

Agency / Board

WTE

Total Number of Board Members

Remuneration of Chair 2011

Remuneration of Board Members 2011

Total Annual Wage Bill 2010

Total Central Funding 2010

Affordable Homes Partnership

0.00

Nil

Nil

Nil

See IHSCA

See IHSCA

An Bord Pleanála

159.40

10

PPC Rate €206,616 and the Non PPC Rate €196,285

Deputy Chairperson — Non PPC Rate €126,718 Ordinary Board Members — PPC €127,588 and the Non PPC Rate €121,208

€9,997,343.00

€13,565,000

An Chomhairle Leabharlanna

14.90

13

€8,978.00

€0.00

€911,365.00

€0.00

Building Regulations Advisory Board

0.00

22

€8,978.00

€0.00

€0.00

€0.00

Comhar

5.1

25

Vacant

Nil

€305,598 (of which €172,497 relates to contract staff)

€390,874.00

Dormant Accounts Board

0.00

11

Nil

Nil

€0.00

€0.00

Dublin Docklands Development Authority

18.00

8

€0.00

€11,970.00

€1,923,000.00

Nil

Environmental Protection Agency

323.70

5

Salary Scale Director General; Non-PPC: €173,647; PPC: €182,787

Salary ScalesPPC: €127,588 -€145,952; Non-PPC: €121,208 -€138,655

€20,015,000.00

€19,093,781.00

Housing Finance Agency

11.00

11

€11,970.00

€7,695.00

€662,233.00

€0.00

Interim Housing & Sustainable Communities Agency (IHSCA)

38.20

8

€11,970.00

€7,695.00

€992,421.00

€2,127,000

Irish Water Safety

6.00

13

€8,978.00

€0.00

€326,416.00

€539,000.00

Limerick Northside Regeneration Agency

8.00

17

€8,550.00

€5,985.00

€1,412,206.00

€8,396,236

Limerick Southside Regeneration Agency

8.00

17

€8,550.00

€5,985.00

Local Government Computer Services Board

77.80

11

€0.00

€0.00

€6,180,581

Nil

Local Government Management Services Board

27.50

€0.00

€0.00

€2,168,947

Nil

National Building Agency

3.80

8

See IHSCA

See IHSCA

€3,450,368

Nil

National Traveller Accommodation Consultative Committee

0.00

12

€8,978.00

€0.00

€0.00

€0.00

Private Residential Tenancies Board

55.40

11

*

*

Salaries €1,769,746

€0.00

Agency Staff €1,118,861

Rent Tribunal

0.00

7

*

*

-

€0.00

Radiological Protection Institute of Ireland

46.20

12

€7,695.00

€7,695.00

€3,210,000.00

€3,685,000.00

Western Development Commission

13.40

12

€8,978.00

€5,985.00

€867,000.00

€1,683,000.00

Pobal

0.00

9

Nil

Nil

N/A

N/A

*Members are paid a per diem fee for attending board and committee meetings and when they sit as members of tenancy tribunals. Details regarding the amounts paid are published in the annual reports of the PRTB

The entries for Total Annual Wage Bill and Total Central Funding refer to end of 2010. The other columns contain current information. Whole Time Equivalents (WTE) are as of Q3 2011. The following should be noted in relation to the Agencies listed:

The Building Regulations Advisory Body and the National Travellers Accommodation Consultative Committee are boards whose administrative functions are carried out by my Department

Comhar — Under new arrangements, the sustainable development role currently performed by Comhar Sustainable Development Council (SDC) is to be integrated in the national Economic and Social Council (NESC). In that context, Comhar SDC will be discontinued and an orderly wind down will be concluded by the end of this year.

The Designated Area Appeals Advisory Board is no longer with this Department

The Heritage Council is no longer with this Department

Met Éireann is a Division of the Department rather than a State Agency

Referenda Commissions are temporary in nature and are not agencies

The Rent Tribunal's administrative functions are now carried out by the Private Residential Tenancies Board

The Local Government Computer Services Board and the Local Government Management Services Board are served by a single board

The Affordable Homes Partnership ceased operations on 31 December 2010

The Boards of An Bord Pleanala and Environmental Protection Agency are executive in function and are full time, salaried positions

An Pobal is a private, not for profit company

The Centre for Housing Research is now subsumed into Interim Housing and Sustainable Communities Agency

The Remuneration to Chairs and members of Boards state the level of fee to which they are entitled.

Waste Management

Olivia Mitchell

Question:

359 Deputy Olivia Mitchell asked the Minister for the Environment, Community and Local Government if he intends to move towards a county-wide franchising system for waste collection rather than the current system which allows for competition between private waste collectors; the rationale behind such a proposal; and if he will make a statement on the matter. [30954/11]

Michael Healy-Rae

Question:

373 Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government if he will review a matter (details supplied) regarding the waste market here; and if he will make a statement on the matter. [31272/11]

I propose to take Questions Nos. 359 and 373 together.

The Programme for Government contains a commitment to introduce competitive tendering for household waste collection, under which service providers would bid to provide waste collection services in a given area, for a given period of time and to a guaranteed level of service. A public consultation on the issues involved, designed to inform the policy development process, concluded in September 2011. All of the responses received, including those from the range of players within the waste industry and for the consumers of waste services, are being examined and I intend to bring policy proposals to Government before the end of the year.

Departmental Bodies

Alan Farrell

Question:

360 Deputy Alan Farrell asked the Minister for the Environment, Community and Local Government the position regarding the pyrite working group; and if he will make a statement on the matter. [30958/11]

I understand that the Pyrite Panel has commenced its work and is meeting with various groups and individuals who can assist the Panel in completing its task.

Departmental Expenditure

Anne Ferris

Question:

361 Deputy Anne Ferris asked the Minister for the Environment, Community and Local Government if he will provide details for the years 2006 to 2011, inclusive, of the arrangements entered into by him, any body under his aegis or State agency for which he has responsibility for the obtaining of advice from a senior or junior counsel and/or a firm of solicitors; the subject matter for which advice was sought; the names of the barristers and solicitors firms concerned and the fees paid; the nature of the work concerned; if in each case the matter was advertised for competitive tender and if not, the reason; and if he will make a statement on the matter. [30967/11]

The information requested in respect of payments made by my Department from 2006 to 2011 is set out in the table. This does not include costs associated with the Planning Tribunal; payments of this nature by agencies or bodies under the aegis of my Department are a matter for the agency or body concerned.

Year

Name of Firm or Solicitor/Barrister

Subject Matter/Nature of Work

Fees Paid

Competitive Tendering Process

2006

Noel J. Travers Barrister

Legal advice on draft statutory instrument relating to implementation of Kyoto Protocol

€3,630

Below €5,000 threshold

2006

Arthur Cox Solicitors

Advice on the transposition of EU Directive 2000/53/EC on End-of-Life Vehicles

€48,427

No competitive process due to critical time constraints

2007

Alexander J. Owens, Senior Counsel

Chair of Expert Group to examine and make recommendations on various legal issues pertaining to land access for recreational use.

€25,894

No competitive process due to nature of matter concerned

2007

Peter Fitzpatrick & Co. Legal Cost Accountants

Advice on settlement costs in Uniform Construction vs Limerick City Council

€1,604

Below €5,000 threshold

2007

William Fry Solicitors

Legal advice on contracts for Rental Accommodation Scheme

€13,310

Yes

2007

Philippe Sands

Legal advice on nuclear safety issues

€4,117

No competitive process, due to nature of matter concerned

2008

Philippe Sands

Legal advice on nuclear safety issues

€1,565

No competitive process, due to nature of matter concerned

2008

Niamh Hyland

Legal advice on nuclear safety issues

€6,060

No competitive process, due to nature of matter concerned

2008

Eoghan Fitzsimons

Legal advice on nuclear safety issues

€12,120

No competitive process, due to nature of matter concerned

2008

Paul Sreenan

Legal advice on nuclear safety issues

€10,100

No competitive process, due to nature of matter concerned

2008

William Fry Solicitors

Legal advice on contracts for Rental Accommodation Scheme

€15,625

Yes

2008

William Fry Solicitors

Legal advice on contracts for Incremental Purchase Scheme

€48,840

Yes

2008

William Fry Solicitors

Legal advice on contracts for tenant purchase of local authority apartments

€48,857

Yes

2009

A&L Goodbody

Legal advice on tender and contract documentation relating to the provision of a Premium Rate Weather Service

€6,075

No competitive process. Continuation of contract previously awarded

2009

Anthony Collins SC, Margaret Gray JC

ECJ Dangerous Substances infringement case. Advice on drafting of Programming Document.

€14,701 and €7,290 respectively

Counsel appointed by CSSO.

2009

Eugene Regan, Senior Counsel

Legal advice on transposition of Directive 2001/80/EC on the limitation of emissions of certain pollutants into the air from large combustion plant.

€901

No competitive process — legal advice was previously given in this area

2009

FR Kelly — Barrister

Market Development Programme — Advice on logo patent

€592

Yes

2009

Matheson, Ormsby, Prentice

Market Development Programme — Advice on terms and conditions for a student competition

€1,063

Yes

2010

FR Kelly — Barrister

Market Development Programme — Advice on logo patent

€507

Yes

2010

Matheson, Ormsby, Prentice

Market Development Programme — Advice on terms and conditions for a student competition

€343

Yes

2010

John Hennessy Senior Counsel

To prepare a report concerning the financial and related risks faced by Dublin City Council in connection with the agreement between the Council and Dublin Waste to Energy Ltd.

€54,450

Services provided consequent on appointment as an authorised person under section 224 of the Local Government Act 2001.

2010

A&L Goodbody

Legal advice on tender and contract documentation relating to the provision of a Premium Weather Service

€14,925

No competitive process. Continuation of contract previously awarded

2010

Arthur Cox Solicitors

Legal advice and drafting of Foreshore Legal Documents

€63,959.72

No competitive process due to time critical constraints and continuation of advice provided on the same cases to the Department formerly with responsibility for foreshore.

2011

Margaret Gray BL

The drafting of Regulations to comply with Articles 3(6) and 4(3) of EU Directive 2003/35/EC relating to Public Participation

€7,622

No competitive process due to critical time constraints and previous advice provided in the area.

2011

Arthur Cox Solicitors

Legal Advice and Drafting of Foreshore Legal Documents

€59,035

No competitive process due to time critical constraints and continuation of advice provided on the same cases to the Department formerly with responsibility for foreshore.

In addition to the payments above, some other contractual arrangements for services contain an element of recoupment for incidental legal fees.

Fire Service Personnel

Bernard J. Durkan

Question:

362 Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the correct pass mark to be obtained in the breathing apparatus training course undertaken by fire fighters; and if he will make a statement on the matter. [30984/11]

The training of fire service personnel is the statutory duty of individual fire authorities under the Section 15.1 of the Fire Services Act 1981. Fire authorities provide initial recruit training, as well as training in the use of breathing apparatus to an agreed national syllabus, for all entrants to the fire service. My Department's National Directorate for Fire and Emergency Management provides a Central Training Programme for fire officers which complements and supplements local training programmes through a ‘Train-the-Trainer' model.

My Department has published National Guidance to assist fire authorities to provide consistent and safe training in the use of breathing apparatus, which is a basic tool of the firefighter. In this regard, The Use of Breathing Apparatus in the Fire Service (2007) and Guidance on the Provision and Assessment of Breathing Apparatus Training (2010) are both available from my Department’s website at www.environ.ie. Initial training in the use of breathing apparatus provides firefighters with the necessary skills and knowledge to use breathing apparatus in a competent and safe manner. Fire authorities also provide ongoing training, including refresher training on the use of breathing apparatus, as well as training in response to specialist incident types, such as road traffic accidents, hazardous materials, rescues, etc as appropriate to the hazards in their functional areas.

The approach to establishing breathing apparatus competency is set out in detail in the Guidance on the Provision and Assessment of Breathing Apparatus Training referred to above. Breathing apparatus training involves both instruction to impart knowledge and practical exercises to enable learners to apply the knowledge gained in a series of progressive learning activities. It comprises three separate areas: breathing apparatus wear in scenario based exercises; practical tests, such as user maintenance, and an examination of acquired knowledge, which can be either written or oral. Learners are required to demonstrate competence and knowledge across the range of areas, with marking schemes set out for each. Learners who may be unsuccessful on a first attempt are afforded an opportunity to repeat the training and demonstrate the required competence and knowledge.

Local Authority Housing

Joan Collins

Question:

363 Deputy Joan Collins asked the Minister for the Environment, Community and Local Government the name of the successful applicant for the post of Sligo regeneration community liaison person; the location of the liaison person’s office in Sligo; the number of hours that the liaison person has been employed since they were appointed on 1 September 2011; the number of hours the liaison person has spent in Sligo since their appointment; the officials or community representatives the liaison person has met from Sligo since their appointment; and if he will make a statement on the matter. [30985/11]

I refer to my reply to Question No. 345 of 11 October 2011. The Liaison Officer reports to the Chief Executive Officer of the Housing Agency. I will ask the Agency for the detailed information sought with regard to the Liaison Officer's and the officer's work programme to date and I will forward this to the Deputy as soon as possible.

I understand the Agency will shortly publicise details of the independent liaison service to be provided as part of the planning phase of the Sligo regeneration project, including the name of the Liaison Officer, together with details of the office address, contact details etc. Given that the Liaison Officer will act independently of the local authority and my Department in facilitating consultation locally, I do not intend to ask my Department to look for or maintain a record of the persons or organisations with whom the officer has contact in the course of liaison duties.

Departmental Expenditure

Mary Lou McDonald

Question:

364 Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government the annual cost of the licensed payroll system, CorePay, to his Department. [31056/11]

The annual maintenance and support cost to my Department in respect of the Corepay payroll system in 2011 was €64,549.

Departmental Agencies

Peter Mathews

Question:

365 Deputy Peter Mathews asked the Minister for the Environment, Community and Local Government if the Housing Finance Agency sourced loans on the open market in the early 1980s or if this money was provided from the Exchequer; if the agency or the local authority it advanced money to would bear a financial cost from reducing the interest rate of 12.5% on a local authority mortgage; and if he will make a statement on the matter. [31138/11]

In the 1980s the Housing Finance Agency sourced long term fixed rate finance in the form of bond issues on the Irish pound market. These bonds are due to mature in 2018. Funds were on lent by the Agency to local authorities and then by local authorities to individual households at a rate of 10.5%. The mortgages represented exceptional value at the time and into the early 1990s.

However, the structural fall in interest rates since the mid-1990s precipitated a substantial increase in loan redemptions, as borrowers were given the right to prepay these loans without penalty from 1989. While borrowers have had the benefit of penalty-free prepayment the Agency has had to bear the costs arising from the mismatch arising from different amounts still outstanding on the bonds and the mortgages. This amounted to €4.9 million in 2010 and this mismatch will continue to 2018 (when the bonds fall due for repayment).

Planning Issues

Ciaran Lynch

Question:

366 Deputy Ciarán Lynch asked the Minister for the Environment, Community and Local Government If he has any plans to review the retail planning guidelines; and if he will make a statement on the matter. [31147/11]

In response to the requirement in the EU/IMF Programme of Financial Support for Ireland for an economic analysis of the potential impact on competition and consumer prices of eliminating or relaxing the floorspace cap on retail premises, my Department and the Department of Jobs, Enterprise and Innovation commissioned Forfás to undertake an evidence-based and focused study to analyse the potential economic impacts of eliminating the cap on the size of retail premises. I intend to publish the report simultaneously with the publication, in the coming weeks, of a consultation draft of revised Retail Planning Guidelines which is currently under preparation in my Department.

Unfinished Housing Developments

Timmy Dooley

Question:

367 Deputy Timmy Dooley asked the Minister for the Environment, Community and Local Government, further to Parliamentary Question No. 239 of 20 July 2011, if the Dun na Rí estate in County Clare has been granted funding to carry out work to finish the estate; and if he will make a statement on the matter. [31154/11]

It is presumed the reference is to the Unfinished Housing Developments Safety Initiative which made funds available to Local Authorities to remedy aspects of unfinished estates which posed a health and safety risk to members of the public and residents of estates. My Department has not made funds available to finish the construction of housing developments. An application for funds in respect of the Dun Ri estate in Bunratty, Co Clare to make safe those elements which are deemed a health and safety risk has been received from Clare County Council. The application has been referred back to Clare County Council for additional information to be supplied. On receipt of the data requested my Department will make an allocation based upon the complete application.

Water Charges

Eoghan Murphy

Question:

368 Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government if water charges will apply to vacant rental properties that are yielding no income and are not in use. [31185/11]

Eoghan Murphy

Question:

369 Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government if water charges apply to vacant properties, if the owners of these properties have the right to have the water turned off. [31186/11]

I propose to take Questions Nos. 368 and 369 together.

The Memorandum of Understanding between Ireland and the EU/IMF includes a commitment to introduce water charges for households. The Programme for Government provides for the introduction of a fair funding model to deliver clean and reliable water. The objective is to install water meters in households connected to public water supplies and move to a charging system based on usage. My Department is currently preparing a strategy to implement these proposals and further details will be announced following the Government’s consideration of the proposals.

Local Authority Housing

Catherine Byrne

Question:

370 Deputy Catherine Byrne asked the Minister for the Environment, Community and Local Government if his attention has been drawn to a development (details supplied) in Dublin 18, which is lying idle; if this development can be let to tenants; if he will ensure that the developer fulfils their obligations to the authorities; and if he will make a statement on the matter. [31188/11]

The development in question has been included in the 2011 National Housing Development Survey database, published on 12 October 2011. I am committed to exploring all options for bringing unsold suitable residential stock into productive use for social housing purposes and am open to proposals in that regard.

Any questions regarding compliance with the various statutory requirements, including the planning and building codes, should be directed to Dublin City Council.

Mortgage Arrears

Sean Fleming

Question:

371 Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government when a code of conduct on mortgage arrears to be applied by local authorities will be introduced; and if he will make a statement on the matter. [31189/11]

My Department issued comprehensive guidance to local authorities on the treatment of mortgage arrears in March 2010. That guidance was based on the Central Bank's first statutory Code of Conduct on Mortgage Arrears to ensure that cases of local authority mortgage arrears are handled in a manner that is sympathetic to the needs of the particular household, while also protecting the position of the local authority concerned.

To reflect the content of the Central Bank's revised Code of Conduct — which replaced the previous code from 1 January 2011 and was informed by the deliberations of the Expert Group on Mortgage Arrears and Personal Debt — my Department is currently preparing updated guidance to local authorities in consultation with the City and County Managers Association.

Rural Development Programme

Maureen O'Sullivan

Question:

372 Deputy Maureen O’Sullivan asked the Minister for the Environment, Community and Local Government the way the rural development and RAPID programmes are being specifically identified; and the information available to him to indicate that they are experiencing high structural unemployment. [31212/11]

The Rural Development Programme 2007-2013 (RDP) represents a substantial investment in rural areas and plays a significant role in sustaining and creating rural employment. Axes 3 & 4 (LEADER) of the RDP, for which my Department has responsibility, continue to facilitate access to significant financial resources for rural communities. The main objectives of the RDP are to improve the quality of life in rural areas and facilitate the diversification of the rural economy. The RDP is designed to address directly many of the challenges facing rural communities including the need to increase economic activity and stimulate job creation; improve access to basic services for rural dwellers and encourage rural tourism based on sustainable development of natural resources. The programme is inclusive in its approach to arriving at solutions to such challenges using a "bottom up method" where local communities provide local solutions.

Enterprise supports have played a distinct role in successive programmes facilitating rural development in Ireland, including the current and previous LEADER elements of such programmes. The current programme includes significant allocations directly for the creation and development of business ideas (€45.3m) as well as specific support for farm families to facilitate diversification into non-agricultural activities (€15.6m). There is also a specific measure for tourism initiatives which can and does include support for tourism related business ideas (€42.8m).

Along with the direct support for enterprise generation and development available through the RDP the programme also provides substantial support for community led initiatives to address issues such as social cohesion and small infrastructural deficits particularly in the context of the promotion of tourism in rural areas. For example the programme supports the establishment and/or renovation of community facilities and the improvement of public amenities in tourist areas, as well as supporting the provision of niche training in adapted and new skills for rural dwellers and communities.

The RAPID (Revitalising Areas by Planning, Investment and Development) Programme aims to improve quality of life for residents living in 51 designated disadvantaged areas through the improved planning and co-ordination of state services and through the delivery of new investment in services and facilities. The Programme aims to ensure that priority attention is given to tackling the spatial concentration of poverty and social exclusion within these areas, through targeting of State resources. These services/projects are implemented through prioritisation of national and local agency funding streams and more effective co-ordination of services at a local level. It is a matter for each individual Department to respond to issues of funding within its area of responsibility, including in relation to unemployment. The RAPID leverage schemes were initiated in 2004 in order to support small-scale projects identified locally in each of the RAPID areas. These schemes are co-funded by relevant State agencies and support projects focusing on estate enhancement, graffiti clean-up, traffic calming, CCTV, health and sports facilities, and the provision of playgrounds.

Question No. 373 answered with Question No. 359.

Housing Developments

Éamon Ó Cuív

Question:

374 Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government when approval will be given to Galway County Council to allow the Cluid Voluntary Housing Project in Letterfrack, County Galway, to lodge a planning application; when funding will be approved for this project; and if he will make a detailed statement on the current state of play of this project. [31281/11]

My Department's involvement with voluntary and co-operative housing schemes relates primarily to the provision of funds for individual projects. The detailed administration of the schemes, and the certification that projects comply with the relevant terms and conditions, are the responsibility of the local authority.

The proposal by Cluid Housing Association for 25 units of accommodation to be provided under my Department's Capital Assistance Scheme (CAS) was approved for inclusion in the voluntary housing work programme in February, 2010. Following evaluation of a preliminary proposal, my Department requested Galway County Council to submit certain technical information and a preliminary cost plan for the project. This was received in July 2011. Following a review of the information, my Department recently requested additional detailed specifications, appropriate drawings and a cost plan for the scheme. On receipt of this information, my Department will make a decision with regard to advancing the project through the statutory planning and public procurement stages. A decision on funding will be made following the completion of the procurement stage.

Dan Neville

Question:

375 Deputy Dan Neville asked the Minister for the Environment, Community and Local Government the position regarding St. Joseph’s Foundation, Charleville, County Cork, regarding a proposal for development of day and residential service for adults and children with autism-Asperger syndrome; if he is giving his full support to this project in view of the fact that the foundation has now submitted a full planning application following a number of pre-planning meetings with Limerick County Council; and if will he ensure support for this project. [31292/11]

My Department's involvement with voluntary and co-operative housing schemes relates primarily to the provision of funds for individual projects. The detailed administration of the schemes, the processing of applications and the certification that projects comply with the terms and conditions of the funding schemes, are the responsibility of the local authority.

Local authorities are responsible for the assessment and appraisal of all new voluntary sector projects and ensuring that they are advanced through the planning, procurement and implementation phases in accordance with the requirements of the Capital Works Management Framework for publicly funded capital projects.

The Approved Housing Body is liaising with Limerick County Council with a view to making an application for funding under any new call for proposals for CAS projects. It is my intention to consider issuing such a call following the completion of the Comprehensive Review of Expenditure process.

Local Authority Funding

Aengus Ó Snodaigh

Question:

376 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government the reason South Dublin County Council believes it is discriminated against as per the motion passed on 10 October 2011; and the action he will take to address the matter. [31301/11]

I have received a copy of the motion passed by South Dublin County Council on 10 October 2011. General purpose grants from the Local Government Fund are my contribution to meeting the difference between the cost to local authorities of providing a reasonable level of day to day services and the income available to them from local sources and from specific grants. These grants are allocated having regard to a range of factors including the overall funding available for the grants, the cost to each local authority of providing its services, the income available to each local authority from local sources and specific grants, and the need to ensure that each local authority receives a baseline allocation that will provide financial stability.

The 2012 allocations will be based on an analysis of these factors at individual local authority level and the level of overall funding available to me. It will be my objective to ensure that General Purpose Grant funding continues to make a significant contribution towards enabling local authorities to continue to provide a reasonable level of services to the public.

Departmental Agencies

Seán Kenny

Question:

377 Deputy Seán Kenny asked the Minister for the Environment, Community and Local Government the names of persons on the board of An Bord Pleanála, the Environment Protection Agency and the Private Residential Tenancies Board; when each person’s term on the board is due for renewal; and if he will make a statement on the matter. [31302/11]

The information requested is set out in the following table.

Board

Name of Member

Date of Renewal

An Bord Pleanála

Chair Dr. Mary Kelly

29/08/2018

Angela Tunney

06/11/2011

Brian Swift

02/12/2011

Jane Doyle

31/12/2011

Karl Kent

31/12/2011

Conall Boland

31/12/2011

Mary MacMahon

26/11/2011

Fionna O’Regan

26/04/2016

Vacancy

30/06/2010

Vacancy

03/04/2010

Environmental Protection Agency (EPA)

Chair Vacant

Laura Burke

29/08/2012

Dara Lynott

13/07/2012

Mícheál Ó Cinnéide

25/08/2013

Matthew Crowe

12/04/2015

Private Residential Tenancies Board

Orla Coyne Chairperson

31/03/2013

Aideen Hayden

31/12/2012

Eoin O’Sullivan

30/09/2013

Tom Reilly

31/12/2012

Aidan Brennan

31/12/2012

Finian Mathews

31/12/2012

John Tiernan

30/09/2013

Vincent P. Martin

31/03/2013

Gene Feighery

31/03/2013

Conn Murray

30/11/2014

Joseph Meehan

30/11/2014

Wildlife Conservation

Shane Ross

Question:

378 Deputy Shane Ross asked the Minister for the Environment, Community and Local Government if he will make a commitment to ensuring the welfare of the Booterstown Nature Reserve, County Dublin, which has been delivered to a receiver; his plans on the importance of protecting areas of natural importance which may have been handed over to a receiver in view of the financial crisis; and if he will make a statement on the matter. [31311/11]

Under the Planning and Development Act 2000, as amended, and associated Regulations, a planning authority, or An Bord Pleanála as appropriate, is required, when dealing with a planning application which was not accompanied by an environmental impact statement, to carry out a screening in appropriate cases for environmental impact assessment, under Council Directive 85/337/EEC (the Environmental Impact Assessment Directive), and to carry out an environmental impact assessment in cases where the proposed development would be likely to have significant effects on the environment. A planning authority or the Board is also required, when dealing with a planning application, to carry out a screening for appropriate assessment under Council Directive 92/43/EEC (the Habitats Directive), and to carry out an appropriate assessment where significant effects on a habitat cannot be ruled out. The planning authority or the Board may not grant permission for a proposed development which an appropriate assessment had determined would adversely affect a European site unless:

there are imperative reasons of overriding public interest, and

the Minister for Arts, Heritage and the Gaeltacht considers that compensatory measures proposed are sufficient, and

in the case of a priority habitat, the European Commission have been consulted.

Tax Code

Seamus Kirk

Question:

379 Deputy Seamus Kirk asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the concern among vintage car and tractor enthusiasts in respect of the rate of motor tax and the type of diesel oil which can be used for these vehicles; and if he will make a statement on the matter. [31319/11]

A concessionary rate of motor tax was introduced on 1 July 1991 for vintage vehicles. To qualify for the vintage rate a vehicle must be constructed more than 30 years prior to the commencement of the period in relation to which the licence is sought.

The rates of motor tax were initially set at £10 (€13) for motorcycles and £25 (€32) for all other vehicles. The current rates are €22 for motorcycles and €48 for all other vehicles, which must be regarded as very favourable rates of tax.

The question relating to diesel oil is a matter for the Minister for Finance.

Question No. 380 answered with Question No. 354.

Departmental Schemes

Gerry Adams

Question:

381 Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government when he will begin accepting applications for the capital assistance scheme that approved housing bodies can avail of when developing housing; and the amount of funding that will be allocated to the programme. [31407/11]

The Capital Assistance Scheme will continue in 2012, though the level of Exchequer funding for the scheme next year is not yet determined, pending the outcome of the Comprehensive Review of Expenditure and the conclusion of the estimates process. A decision on whether to issue a call for proposals for new projects will be made once the level of funding for 2012 has been determined and having regard to the level of commitments on existing projects.

Questions Nos. 382 to 384, inclusive, answered with Question No. 349.

Local Authority Housing

Peter Mathews

Question:

385 Deputy Peter Mathews asked the Minister for the Environment, Community and Local Government if mortgages from local authorities fall under the remit of the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995; and if he will make a statement on the matter. [31459/11]

Unfair contract terms, as prescribed by the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 relate to all business to consumer contracts with the exception of specific contract types listed in the Regulations, and of specific terms within contracts. As such, it is my understanding that mortgage contracts involving local authorities fall within the scope of the Regulations.

Sean Fleming

Question:

386 Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government the role of the relevant local planning authority in respect of planning permissions granted for voluntary housing co-operatives; if the local authority has any responsibilities relating to the standard of works to ensure that they comply with building regulations, when works are carried out which can lead to health and safety issues, for example, when there is only one set of pipes exiting the houses to cover waste water, domestic water and surface water, and when these matters are brought to the attention of the council by way of complaints from residents; and if he will make a statement on the matter. [31463/11]

Each local authority, in its role as planning authority, may grant or refuse planning applications in accordance with the requirements of the Planning and Development Acts 2000 to 2010 and regulations made thereunder. Voluntary and cooperative housing schemes are subject to planning requirements in line with standard practice.

Local authorities are responsible for the assessment and appraisal of all new voluntary sector projects and ensuring that they are advanced through the planning, procurement and implementation phases in accordance with the requirements of the Capital Works Management Framework for publicly funded capital projects.

In the case of new voluntary or co-operative housing developments, it is a matter for the approved housing body, as Contracting Authority under the terms of the funding schemes, to ensure that such developments comply with the relevant statutory planning and building standards. The approved housing body, as Employer under the terms of the building contract, is responsible for ensuring proper standards of materials and construction.

Local authorities also have responsibility for the enforcement of statutory requirements under the legislative codes governing Fire Safety, Building Control and Planning and Development. Under these legislative codes, local authorities have strong powers to:

(i) scrutinise proposals and inspect works in progress;

(ii) serve enforcement notices for non-compliance;

(iii) institute proceedings for breaches of regulatory requirements;

(iv) seek High Court injunctions if non-compliance poses considerable and serious danger to the public.

Where a complaint is made in relation to a potential building defect, such as inadequate pipework, the local authority would be expected to examine the matter before deciding what action, if any, may be required.

Election Management System

Maureen O'Sullivan

Question:

387 Deputy Maureen O’Sullivan asked the Minister for the Environment, Community and Local Government if he is satisfied that the electoral law, in regard to election material whereby it is an offence to print posters, leaflets and so on without an imprint, is being enforced; if there have been any prosecutions in regard to same; if any candidates have not had a refund of election expenses for failing to have the imprint; and if he will make a statement on the matter. [31464/11]

Electoral legislation provides for a wide range of offences including a requirement to show on the face of every notice, bill, poster or similar document relating to an election or referendum, the name and address of the printer and of the publisher of such documents. Enforcement of the law is a matter for An Garda Síochána and I understand that the Minister for Justice and Equality has sought a report from the Garda on this issue. There is no link between the electoral offence referred to and the reimbursement of a candidate's election expenses.

Social and Affordable Housing

Billy Timmins

Question:

388 Deputy Billy Timmins asked the Minister for the Environment, Community and Local Government the position under SI 84 of 2011 regarding assessment of housing need whereby a person has already moved out of the family home and is in rented accommodation; and if he will make a statement on the matter. [31493/11]

It is open to any person or household to apply to a housing authority for an assessment of their housing need. It is a matter solely for the housing authority concerned to determine whether an applicant for social housing support is eligible for and in need of that support. The authority must make its determination in accordance with the provisions of section 20 of the Housing (Miscellaneous Provisions) Act 2009, and regulations made under that section, primarily the Social Housing Assessment Regulations 2011, having regard to the particular circumstances of the case. As Minister I am precluded from exercising any power or control in relation to any particular case with which a housing authority is or may be concerned.

Regulation 23 of the Social Housing Assessment Regulations 2011 sets out the aspects of a household's current accommodation to which the housing authority shall have regard when determining a household's need for social housing support. Detailed guidance was issued to housing authorities by my Department at the time the Regulations came into effect. This guidance includes suggested approaches for authorities when considering applications for social housing support, including situations where the applicant is living in their current accommodation for a period of less than 3 months and situations where the applicant claims it is no longer possible to live in the family home.

Departmental Expenditure

Billy Kelleher

Question:

389 Deputy Billy Kelleher asked the Minister for the Environment, Community and Local Government the total expenditure in 2010 on ICT, including staff costs, support and maintenance services, hardware, software, and external resources, including consultancies, contractors and service providers and all agencies under the aegis of his Department. [31517/11]

The total expenditure in 2010 from my Department's Administrative Budget on ICT including staff costs, support and maintenance services, hardware, software, and external resources including consultancies, contractors and external service-providers was €5.126 million. ICT expenditure for Agencies under the aegis of my Department is a matter for the agencies themselves.

Farm Management

Brendan Griffin

Question:

390 Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if farmers will be permitted to spread slurry until mid-November this year due to the exceptionally wet August and September and the resulting difficulties associated with these months of heavy rainfall and the very wet conditions since the extension to 31 October, which was announced recently; and if he will make a statement on the matter. [31547/11]

Good agricultural practice involves the application of fertilisers as early as practicable in the growing season in order to maximise the uptake of nutrients by crops and to minimise pollution risks to water.

I have extended the period during which slurry could be spread, up to and including 31 October 2011, in recognition of the adverse weather experienced in Ireland during the month of September in particular. This arrangement has been put in place, as an exceptional measure, following consultation with the Minister for Agriculture, Food and the Marine. I am not prepared to consider a further extension to the period for spreading slurry.

Constitutional Issues

Finian McGrath

Question:

391 Deputy Finian McGrath asked the Minister for Justice and Equality his views on a matter regarding Article 43 of the Constitution (details supplied) [30804/11]

It is outside the scope of my function to offer an interpretation of the kind sought by the Deputy.

Equality Issues

Finian McGrath

Question:

392 Deputy Finian McGrath asked the Minister for Justice and Equality if his attention has been drawn to the practice by employers applying for preliminary hearings to deal with legal issues before the Equality Tribunal prior to a normal hearing being held; if he will provide figures for the number of such applications made in each of the past four years and the number granted; the criteria used to decide whether such applications ought to be granted; his views on whether such applications are desirable practice given that employees involved have to devote additional time and expense in defending such legal applications; if the Equality Tribunal has the power to award expenses and costs to employees when such applications are successfully defended; if he is considering any legislative changes that will impact on such applications being made; and if he will make a statement on the matter. [31135/11]

Provision for dealing with preliminary matters is set out in section 79, subsections (3) and (3A) of the Employment Equality Acts. It should be noted that it is only used in cases where the preliminary issue is detachable from the substantive issue and where it would save the parties the need to go to full investigation on that issue. In all cases, where an application is made by the parties for a matter to be dealt with as a preliminary issue, the decision is that of the Equality Officer alone.

Statistics on the number of cases in which consideration was given to dealing with specific questions as a preliminary issue are not currently compiled by the Tribunal. Details as requested by the Deputy would require the expenditure of a disproportionate amount of staff time and resources. It is therefore not possible to provide the details sought. However, my Department has been informed by the Director of the Equality Tribunal that, of the 1,043 cases closed in 2010, only seven were the subject of the preliminary issue process.

I should stress that the Director of the Equality Tribunal and his Equality Officers are independent in the exercise of their statutory functions and therefore I cannot comment on individual cases. Decisions by the Director or the Equality Officers concerning preliminary issues may be appealed by either the complainant or the respondent to the Labour Court. They may also be appealed on a point of law to the High Court. The Director of the Equality Tribunal is also subject to judicial review by the High Court.

There is no provision in the Employment Equality Acts for the Director of the Equality Tribunal to award expenses and costs to either party in a complaint. I have no proposals to change these provisions of the Employment Equality Acts.

Visa Applications

Gerry Adams

Question:

393 Deputy Gerry Adams asked the Minister for Justice and Equality if it is standard practice to handwrite on the passport of foreign nationals wishing to visit Ireland if their visa application has been refused; and the standard practice for informing a foreign national that their application to visit has been refused. [31317/11]

I wish to inform the Deputy that when a visa application is received from an applicant, it is routine practice for the Visa Office or Irish Mission concerned to record on the visa page of the applicant's passport the fact that a visa application has been made. Only in circumstances where the visa is granted will a visa sticker be affixed in the passport over this record. There is no prohibition on the recording in writing in the passport that a visa application has been refused.

As is the case with all refused visa applications, the refusal decision and the reasons for that decision are sent by way of letter to the applicant. In some instances however, depending on the particular circumstances applying in the country where the visa application is submitted, an alternative method of communication may be used. For example, in the case of Irish Visa Office, Moscow, the postal service has at times proven to be unreliable. Therefore, persons are informed of a visa refusal, usually by phone or e-mail and a faxed/scanned copy of the refusal letter can be sent to them on request.

In relation to all applications refused at the Irish Naturalisation and Immigration Service headquarters in Dublin, in addition to the customary letter explaining the refusal reasons, the refusal decision and the reasons for that decision are posted promptly on-line (in a format confidential to the applicant).

Garda Stations

Brendan Griffin

Question:

394 Deputy Brendan Griffin asked the Minister for Justice and Equality the position regarding the provision of a garda station (details supplied) in County Kerry; and if he will make a statement on the matter. [30738/11]

The programme of replacement and refurbishment of Garda accommodation around the country is progressed by the Garda authorities working in close cooperation with the Office of Public Works, who have responsibility for the provision and maintenance of Garda accommodation.

I am informed by the Garda authorities that the construction of a new Garda Station in the area referred to by the Deputy is nearing completion and it is expected that the new Station will be handed over to An Garda Síochána in the coming months.

Departmental Agencies

Mary Lou McDonald

Question:

395 Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide a list of all non-commercial State agencies under the aegis of his Department. [30787/11]

I can inform the Deputy that the following non-commercial State agencies are under the aegis of my Department:

Censorship of Publications Board

Courts Service

Criminal Assets Bureau

Equality Authority

Equality Tribunal

Forensic Science Laboratory

Garda Síochána Complaints Board

Garda Síochána Confidential Recipient

Garda Síochána Inspectorate

Garda Síochána Ombudsman Commission

Irish Film Classification Office

Irish Human Rights Commission

Irish Prison Service

Irish Youth Justice Service

Legal Aid Board

National Disability Authority

Office of Commissioners for Charitable Donations and Bequests for Ireland

Office of the Data Protection Commissioner

Office of the State Pathologist

Parole Board

Private Security Authority

Probation Service

Property Registration Authority

Property Services Regulatory Authority

Court Procedures

Clare Daly

Question:

396 Deputy Clare Daly asked the Minister for Justice and Equality the status of the review of the in camera rule as indicated in the national report to the recent Universal Periodic Review in which he stated his intentions to review this issue further with a view to ensuring that information on cases and outcomes is made public on a systematic basis; and the steps he will take to overcome the unintended effect that there is little transparency or public awareness of what is happening in the family law system. [30825/11]

Further to the commitment in the Programme for Government to modernise and reform aspects of family law, I have asked officials in my Department to review the operation of the in camera rule. I am aware that, as facilitated by provisions in the Civil Liability and Courts Act 2004 on the reporting of family law cases, the Family Law Reporting Project carried out between 2007 and 2009 provided a useful insight to family law and its operation in the courts for the public in general. However, the cost of maintaining the project in the longer term means that it was not sustainable in the light of prevailing economic conditions. My Department’s review will be considering what further provision can and should be put in place.

Departmental Expenditure

Eoghan Murphy

Question:

397 Deputy Eoghan Murphy asked the Minister for Justice and Equality if he will confirm the costs to the State of the legal aid scheme in 2010 and 2011. [30848/11]

Fees and expenses incurred by NAMA are recovered through the operating activities of the agency. They are published in the quarterly reports of NAMA, which are laid before the Houses of the Oireachtas and published on the NAMA website. The second quarterly report for the period ending 30 June 2011, accompanied by financial statements for the second quarter, was submitted to me as required by the end of September 2011 and I will lay the report before each House of the Oireachtas shortly.

The aggregate legal costs for the year 2010 and the first quarter of 2011 are as follows:

2010€m

Q1 2011€m

Legal Fees

3.31

0.88

The figures in the table above do not include legal fees incurred by NAMA as part of the loan due diligence process, which are recovered from the five participating institutions through a reduction in the consideration paid for acquired loans.

Eoghan Murphy

Question:

398 Deputy Eoghan Murphy asked the Minister for Justice and Equality the amount paid to gardaí in overtime for attending in court in 2010; and the way this compares to the amount paid by the Director of Public Prosecutions in barristers’ fees in the same year. [30849/11]

The Garda authorities have estimated that in 2010 expenditure on overtime arising from the attendance of Garda personnel in court amounted to approximately €13.5m. As I am not responsible for the payment of legal fees on behalf of the Director of Public Prosecutions I do not have the other details referred to by the Deputy.

Departmental Agencies

Mary Lou McDonald

Question:

399 Deputy Mary Lou McDonald asked the Minister for Justice and Equality if all non-commercial State agency employees under his Department’s aegis are paid directly from the Exchequer. [30892/11]

I wish to inform the Deputy that all non-commercial State Agency employees under my Department's aegis are paid directly from the Exchequer.

Residential Institutions Redress Scheme

Clare Daly

Question:

400 Deputy Clare Daly asked the Minister for Justice and Equality if he will issue a comprehensive explanation as to the reason the survivors of the Bethany Homes have been excluded from the interdepartmental committee (details supplied); and the steps he will take to ensure that these victims are given equality of treatment with Catholic victims. [30912/11]

The Government has charged the inter-departmental committee with clarifying any State interaction with the Magdalen institutions and producing a narrative detailing such interaction. There are presently no plans to expand its brief beyond those institutions.

Magdalen institutions are not a particularly Roman Catholic phenomenon. Many such institutions were founded by lay people in the 19th century both in Britain and Ireland to provide a place of refuge or asylum for women. However at the time the State was established, the 10 Magdalen institutions in the 26 counties were run by Roman Catholic religious congregations.

Citizenship Applications

John O'Mahony

Question:

401 Deputy John O’Mahony asked the Minister for Justice and Equality the reason for the delay in approving citizenship in respect of a person (details supplied) in County Wexford; and if he will make a statement on the matter. [30914/11]

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received, from the person referred to by the Deputy, in July 2007. Applications are processed individually and it is not possible to give an indication of how long it will take to finalise a particular case. The application from the person concerned is currently being processed with a view to establishing whether she meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Departmental Agencies

Mary Lou McDonald

Question:

402 Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide the following information regarding the agencies operating under his aegis (details supplied), namely, the total number of whole time equivalent staff, the total number of board members, the chairperson's and board members' respective remuneration packages, the total annual wage bill and the total amount of central funding provided to the agency inclusive of wage bill. [30917/11]

I wish to inform the Deputy that it has not been possible to provide the information required in the time available. The information is currently being collated and will be forwarded to the Deputy as soon as it is to hand.

Crime Levels

Finian McGrath

Question:

403 Deputy Finian McGrath asked the Minister for Justice and Equality if there is evidence of male prostitution in an area (details supplied) in Dublin. [30932/11]

I am informed by the Garda authorities that the area referred to is within the Dublin Bridewell Garda District. I am also informed that local Garda management advise that no incidents of the type referred to by the Deputy have been recorded in the area. I am further informed that the area is the subject of regular foot patrols by uniform personnel, supplemented by District and Divisional mobile patrols, including the District Detective and Drug Units and the Divisional Crime Task Force and Traffic Corps personnel. One member of the local Community Policing Unit is specifically allocated to this area and is in regular contact with local residents.

Local Garda management closely monitors and keeps under review patrols and other operational strategies in place, in conjunction with crime trends and policing needs of the communities in the area, to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public. Current policing plans in the area are designed to address issues of crime and public order offences. Community policing is a central feature and core value of policing policy, and current policing strategies are predicated on the prevention of crime, public order offences and anti-social behaviour.

Citizenship Applications

Bernard J. Durkan

Question:

404 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will review the refusal to grant naturalisation in the case of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [30950/11]

I refer the Deputy to my reply to Parliamentary Question No. 369 on 11 October 2011. The position remains as stated.

The person referred to in the Deputy's Question applied for a certificate of naturalisation in September 2011. This application was considered under the provision of the Irish Nationality and Citizenship Act 1956, as amended and it was decided to refuse same. The reason for the decision was disclosed to the person in question in a letter dated 6 October 2011. It is open to the person concerned to lodge a new application for a certificate of naturalisation with the Citizenship Division of my Department if and when they are in a position to meet the statutory requirements.

The said Act does not provide for a formal process of appeal on review. However, it is open to the individual concerned to lodge a new application if and when she is in a position to meet the statutory requirements applicable at that time.

Departmental Expenditure

Anne Ferris

Question:

405 Deputy Anne Ferris asked the Minister for Justice and Equality if he will provide details for the years 2006 to 2011, inclusive, of the arrangements entered into by him, any body under his aegis or State agency for which he has responsibility for the obtaining of advice from a senior or junior counsel and-or a firm of solicitors; the subject matter for which advice was sought; the names of the barristers and solicitors firms concerned and the fees paid; the nature of the work concerned; if in each case the matter was advertised for competitive tender and if not, the reason; and if he will make a statement on the matter. [30972/11]

I can inform the Deputy that, for the most part, the legal services sought by my Department are coordinated and paid for by the Office of the Attorney General and the Chief State Solicitor's Office. These services are typically sought in the context of the preparation of legislation, legal advice in respect of policy issues and in the management of litigation including judicial reviews. In a number of instances, my Department has sought and paid for legal advice and services additional to those provided centrally by the Attorney General and the Chief State Solicitor. As the Deputy will also be aware, the subject matter of the advice, and the advice itself, represent privileged information.

I regret to inform the Deputy that the information sought by her is not retained in a fashion which would permit ready extraction. The level and amount of detail in her request would necessitate the search of a voluminous quantity of files across the entire Department. This would require the expenditure of a completely disproportionate amount of staff time at inordinate cost to my Department at a time of reducing resources. I have no responsibility for the nature and/or subject matter of legal advice procured by State agencies as these are matters of day to day administration for the agencies concerned for which they are wholly responsible and accountable.

Human Rights Issues

Dessie Ellis

Question:

406 Deputy Dessie Ellis asked the Minister for Justice and Equality when he will have a decision as to whether the Criminal Justice (Human Trafficking) Act 2008 is sufficient to cover the offence of forced labour without the element of movement being required or if new legislation is needed to tackle the problem. [30989/11]

Dessie Ellis

Question:

407 Deputy Dessie Ellis asked the Minister for Justice and Equality if his attention has been drawn to the fact that Ireland is in breach of Article 4 of the European Convention on Human Rights by not having legislation to criminalise forced labour; the steps being taken to address same; when will it be addressed.; and if he will make a statement on the matter. [30990/11]

Maureen O'Sullivan

Question:

420 Deputy Maureen O’Sullivan asked the Minister for Justice and Equality if a new law is required to create the offence of forced labour; if existing legislation, the Criminal Justice (Human Trafficking) Act 2008, is sufficient to deal with this problem; and if the existing legislation is sufficient, the reason that it is not being used. [31211/11]

I propose to take Questions Nos. 406, 407 and 420 together.

Firstly, I should say that there has been no ruling that Ireland is in breach of Article 4 of the European Convention on Human Rights for not having legislation to criminalise forced labour. The Criminal Law (Human Trafficking) Act 2008 criminalises the trafficking of persons for the purposes of labour exploitation (including forced labour), sexual exploitation and exploitation consisting of the removal of a person's organs. For the purposes of the Act, the term "trafficks" is broadly defined. For example, the commission of an offence does not require cross-border movement or illegal entry into the State. It includes recruitment, taking a person into one's custody, care or charge, and providing the person with accommodation or employment. However, the legislation is primarily an anti-trafficking measure and was never intended to address any of the above exploitative phenomena outside the context of human trafficking.

This does not necessarily mean that a person subjected to forced labour but who has not been trafficked (or where trafficking is difficult to prove) does not have the protection of the criminal law. It is likely that activities constituting forced labour could be prosecuted under a range of offences, for example, false imprisonment, blackmail, assault, the coercion offence in the Non-Fatal Offences Against the Person Act 1997, offences under employment law and health and safety legislation, immigration law, etc.

Internationally, forced labour covers a diverse range of exploitative behaviours. The extent and nature of the phenomenon in this jurisdiction is unclear. At the request of my Department and with a view to establishing the exact nature of alleged abuses, the Garda authorities have recently completed an analysis of allegations of forced labour which have come to their attention. The results of the analysis are currently being examined in my Department so that any legislative and administrative measures required to address deficiencies can be identified. In the event that a need for additional legislative measures is established, proposals will be brought to Government in the usual manner.

Departmental Expenditure

Mary Lou McDonald

Question:

408 Deputy Mary Lou McDonald asked the Minister for Justice and Equality the annual cost of the licensed payroll system, CorePay, to his Department. [31061/11]

The annual licence renewal cost in respect of 2011 for the CorePay software system amounted to €98,065.68, which covers the payroll systems for the Department of Justice and Equality, the Department of the Taoiseach, the Department of Arts, Heritage and the Gaeltacht, An Garda Síochána, the Irish Prison Service, the Courts Service, the Property Registration Authority of Ireland, the National Museum of Ireland and the National Library of Ireland.

Criminal Prosecutions

Finian McGrath

Question:

409 Deputy Finian McGrath asked the Minister for Justice and Equality if he will review a matter (details supplied) regarding false allegations. [31069/11]

Michael Healy-Rae

Question:

421 Deputy Michael Healy-Rae asked the Minister for Justice and Equality his views on correspondence regarding false allegations of child sexual abuse (details supplied); and if he will make a statement on the matter. [31220/11]

I propose to take Questions Nos. 409 and 421 together.

The wide range of matters raised by the Deputies have been noted in my Department, insofar as they are matters for which I have responsibility. As the Deputies are aware, family law proceedings in the courts are held in camera. The making of any false allegations of child sexual abuse would of course be a serious matter, and any person who has knowledge of such false allegations should bring them to the attention of An Garda Síochána.

Orders made under the Guardianship of Children Act 1964, as amended, concerning guardianship and custody of, and access to, children, are subject to section 3 of the Act which requires the courts to regard the welfare of the child as the first and paramount consideration. Any proposal requiring automatic changes in custody arrangements in specified circumstances would not respect this very important principle.

In respect of the provision of legal aid in the family law matters referred to, the Legal Aid Board is the statutory body providing civil legal aid in such matters. The Board has procedures in place, underpinned by legislation, which allow for the termination of a legal aid certificate where it is deemed warranted by a client's behaviour in the conduct of proceedings. The Board has informed me that it regularly represents both parents in the family law matters referred to and does not in any way discriminate between fathers and mothers in the granting of legal aid or in the conduct of cases. The Board completely rejects any notion that its solicitors would be in any way complicit in the making of any such false allegations, and I fully support the Board's stance in that respect.

Crime Levels

Finian McGrath

Question:

410 Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding the deterioration of parts of the city centre (details supplied). [31084/11]

I am informed by the Garda authorities that local Garda management is aware of the issues affecting certain city centre areas where drug treatment services are provided through clinics.

The Deputy will, of course, appreciate that while the overall aim of the Health Service Executive is to have patients treated in their local communities, wherever this is possible, this is not always feasible and such treatment must be provided in a clinic setting.

Having said that, I can inform the Deputy a number of policing initiatives have been put in place by local Garda management to prevent and disrupt criminal behaviour, including the sale, distribution and use of drugs and anti-social behaviour in the locality. The area referred to by the correspondent is also subject to regular patrols by uniform and plain-clothes units, including the Community Policing and Garda Mountain Bike Units, local Detective and Drug Unit personnel, supplemented as required by the Divisional Crime Task Force and Traffic Corps personnel.

I am advised that local Garda management closely monitors such patrols, and other operational strategies in place, in conjunction with crime trends and policing needs of the communities in these areas to ensure optimum use is made of Garda resources, and that the best possible Garda service is provided to the public. At this time, Garda Management is satisfied that a full and comprehensive policing service is being delivered and that current structures in place meet the requirements of the delivery of an effective and efficient policing service to the residents concerned.

In addition, An Garda Síochána continues to liaise with the relevant authorities at the drug treatment centres and with the transport service providers to reduce the opportunity for criminal activity and there is ongoing liaison through the Community Policing Unit with local residents and the business community to further address any issues of concern. Finally, I am assured by the Garda authorities that the situation will be kept under review.

Proposed Legislation

Mattie McGrath

Question:

411 Deputy Mattie McGrath asked the Minister for Justice and Equality his plans to introduce increased regulation in the cash for gold and scrap metal industries in view of the increased amount of robberies of gold and metal; and if he will make a statement on the matter. [31098/11]

My Department is currently finalising a report on criminal justice aspects of the ‘Cash for Gold' trade and I can inform the Deputy that this report will be submitted to me shortly for consideration. Following consideration of the report I will make an assessment as to what, if any, action, legislative or otherwise, may be required. I will, in due course, make known the report's findings and any proposals which may arise.

My Department has been in close contact with the Commissioner of An Garda Síochána with a view to monitoring the position in respect to the ‘Cash for Gold' trade. I can inform the Deputy that the Commissioner has reported that all ‘Cash for Gold' premises in the State have been visited by An Garda Síochána and the operators of such premises have been made aware of their responsibilities and obligations with regard to purchasing gold and jewellery. In addition, I have been informed that contact information has been provided to ‘Cash for Gold' operators by An Garda Síochána which will facilitate the reporting of any suspicious activity. The Commissioner has also indicated that any new ‘Cash for Gold' premises that may be identified will be visited by An Garda Síochána.

I should inform the Deputy that my Department has no role in relation to the scrap metal industry. Of course, any reports of robberies of gold or metal should be referred to An Garda Síochána. With regard to the Deputy's assertion that there has been an increase in the amount of robberies of gold and metal, I have requested the CSO to provide statistics directly to the Deputy.

Brian Stanley

Question:

412 Deputy Brian Stanley asked the Minister for Justice and Equality if he will commit to abolishing ground rents. [30310/11]

Part III of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 already contains a statutory scheme whereby any person may, at reasonable cost, acquire the fee simple in his or her dwellinghouse. The scheme is operated by the Property Registration Authority and since it was introduced in 1978, over 80,000 applicants have availed of it to acquire the freehold title to their property.

I should point out that a High Court judgment upholding the constitutionality of the ground rents legislation was delivered in early 2006 but was subsequently appealed to the Supreme Court. That appeal has been heard and the Supreme Court has reserved its judgment. The operation of the law in this area continues to be monitored in my Department.

Deportation Orders

Finian McGrath

Question:

413 Deputy Finian McGrath asked the Minister for Justice and Equality the process and steps involved in deciding to issue a deportation order against a non-Irish national; if he will state the length of time a deportation order lasts before a person can return to the State; if he will detail the number of deportation orders that he has signed since taking up office; and if he will make a statement on the matter. [31136/11]

Deportation Orders can be made against failed asylum seekers or other categories of illegal immigrants. Failed asylum seekers will have already had a comprehensive and thorough examination of their asylum claim by the Office of the Refugee Applications Commissioner and, should they appeal, by the Refugee Appeals Tribunal. The option is then open to them to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). If their application for Subsidiary Protection is refused, their file is considered under Section 3 of the Immigration Act 1999 (as amended), and Section 5 of the Refugee Act, 1996 (as amended). Any representations submitted by them or on their behalf are considered in detail by reference to the criteria listed in Section 3 of the 1999 Act, as well as relevant international human rights instruments and domestic legal provisions, including Constitutional provisions where appropriate.

For illegal immigrants who have not claimed asylum or Subsidiary Protection, their file is considered in full in the same way as outlined above for failed asylum seekers under Section 3 of the Immigration Act 1999, (as amended) including any representations submitted by them or on their behalf by reference to the criteria listed in Section 3 of the 1999 Act, as well as relevant international human rights instruments and domestic legal provisions, including Constitutional provisions where appropriate.

A Deportation Order requires a person to remove themselves from the State and remain thereafter outside the State. A person cannot return to the state if a Deportation Order has been issued against them and they have been removed. However, where new information in relation to a person who is the subject of a Deportation Order is brought to my attention by such a person or by their legal representative outlining significantly changed circumstances from those that pertained at the time the Deportation Order was signed, it is open to such persons to apply under Section 3(11) of the Immigration Act 1999 to have their Deportation Order revoked. Since 9 March, 2011, a total of 725 Deportation Orders have been made.

Departmental Funding

Finian McGrath

Question:

414 Deputy Finian McGrath asked the Minister for Justice and Equality the budget provided to the parole board for each of the past five years; if he will confirm his intention to establish the parole board as an independent statutory body; the reasons for this decision; if he will estimate the additional annual budget required for the first year of operation as an independent board; and if he will make a statement on the matter. [31137/11]

The budgetary allocations provided to the Parole Board along with the actual spend for the past five years are set out in the accompanying table. The spend for this year will not be known until year end.

Year

Total Allocation

Actual Spend

2007

€275,000

€305,000

2008

€292,000

€386,000

2009

€288,000

€335,000

2010

€275,000

€394,000

2011

€291,000

n/a

I recently announced my intention to enact legislation to place the interim Parole Board on a statutory footing. I believe this will help to strengthen the Parole Board and improve its functions and, while it may not be possible to introduce the relevant legislation this year, it is my hope to do so next year. In that context, I will be considering exactly what role it will play and what powers it should have. The budget required for the first year of operation will also be a matter for consideration.

Visa Applications

Sean Fleming

Question:

415 Deputy Sean Fleming asked the Minister for Justice and Equality if he will reconsider an application for an Irish visa from a person (details supplied) in view of the fact that the person, on arrival, will be covered by private medical insurance and will not be any burden on the State; and if he will make a statement on the matter. [31148/11]

It is open to the person concerned to appeal the decision to refuse the visa sought within two months of the date of refusal notice, in this instance before 11 December 2011. Each visa application, or a related appeal, is considered on its individual merits with the onus resting with the applicant to satisfy the Visa Appeals Officer as to why the visa sought should be granted. Any supporting information/documentation it is wished to have taken into consideration should be submitted. Guidelines on the visa appeals process can be found on the website of the Irish Naturalisation and Immigration Service (www.inis.gov.ie).

I should remind the Deputy that queries in relation to the status of individual Immigration cases may also be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Residency Permits

Sean Fleming

Question:

416 Deputy Sean Fleming asked the Minister for Justice and Equality the position regarding an application for residency in respect of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [31149/11]

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy holds a Stamp 3 residency permission until the 31st January, 2012. The person concerned has already submitted an application to extend this permission to remain for a further 12 months. I understand from INIS that this is being given favourable consideration and a decision will issue to the person closer to her renewal date in January.

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.

Rights of People with Disabilities

Micheál Martin

Question:

417 Deputy Micheál Martin asked the Minister for Justice and Equality if he is satisfied with the arrangements he has put in place to co-ordinate disability issues on a cross-departmental basis; and his role in this regard. [28452/11]

The Programme for Government commits to publishing, "following wide consultation, a realistic implementation plan for the National Disability Strategy (NDS), including sectoral plans with achievable timescales and targets within available resources and ensuring whole-of-government involvement and monitoring of the Strategy, in partnership with the disability sector".

As the Minister responsible for disability, in line with this commitment, I am in the process of assessing the monitoring and implementation structures already in place for the strategy. I will be announcing in the near future, the details of revised structures and processes for co-ordinating, monitoring and implementing the progression of the NDS. I am confident that the fresh approach which I am introducing, will re-invigorate the implementation of the National Disability Strategy and will assist in meeting the commitment in the Programme for Government.

Courts Service

Dara Calleary

Question:

418 Deputy Dara Calleary asked the Minister for Justice and Equality if he will outline the 2012 service plans for Courts Service facilities in County Mayo; the courthouses that will be closed in that county; and if he will make a statement on the matter. [31207/11]

The Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which include the provision, maintenance and management of court buildings and provision of facilities for court users.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that at a meeting on 17 October last the Courts Service Board approved proposals to formally transfer District court business from Kiltimagh and Claremorris to the District Court sitting in Castlebar. Castlebar will therefore deal with the business previously conducted at the three venues and the Service has assured me that there is sufficient capacity in Castlebar to do this. These changes will take effect early next year.

As the Deputy will be aware, an excellent Courthouse is available in Castlebar where a €12 million project was completed in 2004. This refurbishment saw the number of courtrooms increased to four; additional improved public waiting areas; provision of consultation and practitioners rooms, extended court offices, judges' chambers, universal access and an enhanced sense of privacy and dignity for all court users. The facilities have capacity for video conferencing and digital recording of proceedings which are requirements of an efficient 21st century court building.

The Courts Service has informed me that there are no further plans at this time to close or amalgamate other courthouses in County Mayo during 2012 beyond what has recently been announced. The Service keeps all venues across the country under constant review to ensure that, insofar as is possible, they meet the standard that court users are entitled to expect and also allow for best use of time and resources. This review is essential when the best use of all of available resources is of paramount concern having regard to the current financial climate and to an increase in court business of 40% nationwide over the past five years.

Prison Accommodation

Maureen O'Sullivan

Question:

419 Deputy Maureen O’Sullivan asked the Minister for Justice and Equality the specific time frame to bring prison conditions in line with international standards with particular regard to the issues of overcrowding, slopping out, violence and the lack of effective complaints and monitoring mechanisms. [31210/11]

The Deputy may wish to note my response to an earlier Question on the implementation of recommendations relating to prison conditions made by the Inspector of Prisons.

I receive regular updates on the implementation of the Inspector's recommendations. The Inspector himself recognised that in certain areas prisons will not be able to comply with all the recommendations in the short term. As long as there is overcrowding and limitations on resources there will be difficulties in achieving full implementation.

However progress is being made. To give examples, issues raised by the Inspector regarding the general cleanliness of prisons including the need for broken fittings to be replaced are being addressed by the Governors of each institution. A programme for painting and cleaning is in place in each prison and those programmes are sufficient to meet the needs of that prison.

Areas mentioned by the Inspector include the use of special cells, prisoners' complaints and the procedure to be followed following deaths of persons in custody. New procedures have been adopted and will be supported by changes to the Prison Rules which have been drafted. These are being finalised in conjunction with the Office of the Attorney General.

The Inspector also referred to minimum standards for prison accommodation and the regimes and services that should be provided. The Government, as you know, is committed to the elimination of slopping out in prisons. The upgrade of more than 100 cells at Mountjoy Prison, including the installation of in-cell sanitation, will be completed by the end of this month. The Irish Prison Service will then consider the feasibility of installing in-cell sanitation in the remaining cells of Mountjoy and to other facilities elsewhere. The completion of the Midlands Prison extension and the provision of 70 extra dormitory style spaces in the Dóchas Centre will mean that 80% of the prisons estate will have in-cell sanitation by mid 2012.

The Inspector also recommended the creation of dedicated committal areas and vulnerable persons units in each closed prison. The Irish Prison Service is looking at all options available to implement these recommendations where they are not already in place.

In relation to the Inspector's recommendation that drug free units be established in each closed prison to accommodate drug free prisoners, I can advise that Arbour Hill, St. Patrick's Institution, the Training Unit and Wheatfield Prison already have drug free wing/landings or areas within their prisons. A drug free unit in Mountjoy Prison will become operational before the end of the year. The template developed for the operation of this unit should have application across many of the closed prisons where the development of a drug free unit is warranted. To this end, the Healthcare Directorate, working in conjunction with prison management, is looking at the options for the development of drug free areas in closed prisons.

Question No. 420 answered with Question No. 406.
Question No. 421 answered with Question No. 409.

Garda Stations

Pádraig Mac Lochlainn

Question:

422 Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he will give a commitment that he will not sign up to the closure of any Garda station until joint policing committees, local communities and community organisations including community alert committees, parish councils and representative groups for the elderly or disabled in each affected community are consulted and have the opportunity to make their case for the station’s retention. [31222/11]

As with every other public sector organisation, the reality is that the Garda Síochána is going to have to manage with reduced resources. The Garda Commissioner is therefore quite properly reviewing all aspects of the Garda Síochána's policing model, so as to ensure that Garda resources are managed and deployed in the most appropriate manner to meet existing and emerging policing requirements.

The Garda Commissioner's review will examine all aspects of current policing, including the deployment of personnel, the utilisation of modern technologies and the operation of Garda stations.

While no decision has been taken, clearly the reduction in public opening hours in some Garda stations, and the closure of other Garda stations, will be issues that the Garda Commissioner will have to address as part of the review. He may well have to consider whether, in appropriate cases, a better policing service could be delivered to a local community by having Garda members out on patrol rather than in a station.

I will very carefully consider the outcome of this review and the Commissioner's policing plan for next year with the objective of ensuring that priority is given to the maintenance of frontline services.

The following additional information was provided under Standing Order 40A

The Garda Commissioner has been reviewing all aspects of policing, including the deployment of personnel and the operation of Garda stations. His objective is to identify efficiencies and savings so that an effective and professional policing service continues to be delivered to the community within the available resources.

I understand that each Chief Superintendent in charge of a Garda division has been tasked by the Commissioner with conducting an impact assessment of the demands placed on each Garda station within that division, and that any restructuring of the Garda station network will only arise to deliver greater efficiencies in the deployment of personnel and other resources to the various communities within each division.

The manner in which members of the Garda Síochána are stationed throughout the country is by law a matter for the Commissioner, although he must include any proposal to open or close a Garda station in his annual draft policing plan.

Turning specifically to the question of consultation in relation to this process, it would not be practical for decisions on Garda stations to be subject to advance discussions with the wide and open-ended range of organisations listed in the Deputy's question. However, I am informed by the Commissioner that, where a community's policing service is to be delivered through a revised model, which would include any closure of a Garda station, there will be consultation by the Garda Síochána with that community. While the nature of that consultation will inevitably vary according to local circumstances, I would certainly expect that any such revised model would be discussed by the relevant joint policing committee, although of course the final decision on the configuration of policing services will be made by the Garda Commissioner, taking into account overall operational requirements and the need for efficient use of resources by the Garda Síochána in a national as well as a local context.

Juvenile Offenders

Catherine Murphy

Question:

423 Deputy Catherine Murphy asked the Minister for Justice and Equality the resource challenges he foresees relating to the youth diversion scheme; if he has had discussions with other Departments regarding same; the outcome of these discussions; the Departments that have a role to play in delivering this scheme; if there is a formal relationship between him and other Departments; and if he will make a statement on the matter. [26012/11]

I must presume that the Deputy's question is about diversion as it relates to youth crime. The Diversion Programme operates in accordance with Part 4 of the Children Act 2001, as amended, and under the general superintendence and control of the Garda Commissioner. The aim of the Diversion Programme is to deal with juveniles who offend, by way of administering a formal or informal caution, thus diverting the offender away from the courts and minimising the likelihood of further offending. The programme embraces, whenever possible, the principles of restorative justice and it pays regard to the needs of the victims of youth offending. The programme has shown to be successful in diverting young offenders away from crime by offering guidance and support to the young people and their families.

In September I published the 2010 Annual Report of the Committee appointed to monitor the effectiveness of the Diversion Programme. This report gives details of the resources deployed by the Commissioner in relation to the programme. There were 7 new Juvenile Liaison Officer (JLO) posts created in 2010 to bring the total number of JLO posts to 123, comprising 115 Gardaí and 8 JLO Sergeants. It is the responsibility of the Garda Commissioner to decide on the prioritisation and allocation of resources within the force.

The work of the Garda Juvenile Liaison Officers under the Diversion Programme is supported by the Irish Youth Justice Service (IYJS) through the funding and oversight of 100 Garda Youth Diversion Projects (GYDPs) across the country. I wish to inform the Deputy that I will continue to maintain responsibility for the diversion and community aspects of the work of IYJS, while my colleague the Minister for Children and Youth Affairs will take responsibility for the Children Detention Schools in Oberstown. I will be consulting closely with my Ministerial colleague and with the Garda Commissioner in the continuing development of programmes to tackle youth crime.

Other Departments do not have a direct role in the delivery of the Diversion Programme, but they can support it indirectly by the provision of services to children in the groups most at risk. The focus of my colleague, the Minister for Children and Youth Affairs, is on harmonising policy issues that affect children in areas such as early childhood care and education, youth justice, child welfare and protection, children and young people's participation, research on children and young people, youth work and cross-cutting initiatives for children. An Garda Síochána, the Probation Service and the Irish Youth Justice Service contribute to this work by membership, where appropriate, of various structures under the umbrella of the Department of Children and Youth Affairs including Children Services Committees and the National Children's Strategy Implementation Group. I also have 2 nominated representatives on the National Children's Advisory Council and a representative of the National Education Welfare Board.

Crime Levels

Nicky McFadden

Question:

424 Deputy Nicky McFadden asked the Minister for Justice and Equality the measures that are in place to combat the rising theft of saleable scrap metals on farms; and the regulations in place to prevent the sale of stolen metal on the black market. [31246/11]

I am informed by the Garda authorities that An Garda Síochána is aware of an increase in the theft of metal. An Garda Síochána is targeting such crime, and burglaries and theft-related crimes generally, through a number of initiatives, including Supporting Safer Communities, which lay particular emphasis on burglary prevention and reduction, and a targeted response to burglary. Divisional Officers have been advised of measures which can be put in place to prevent and reduce such crime.

Such crime can be tackled only by a collaborative effort and a targeted multi-agency response. An Garda Síochána is in contact with stakeholders particularly affected by this type of crime, including the Irish Farmers' Association, the Electricity Supply Board, telecoms, transport companies and brewing concerns and with local authorities and the Department of the Environment, Community and Local Government.

An Garda Síochána has undertaken a number of initiatives to raise awareness of metal theft. One such initiative is the development of advice on farm machinery theft prevention as part of the Garda Supporting Safer Communities campaign in June, 2011. This initiative provides advice on securing vulnerable farm equipment and is supported by the Irish Farmers' Association. The advice is available on the Garda website www.garda.ie.

I am informed that a Garda Metal Theft Crime Prevention and Reduction Plan is currently in preparation.

Citizenship Applications

Martin Heydon

Question:

425 Deputy Martin Heydon asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31252/11]

Officials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) 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, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—

(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and

(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.

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.

Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.

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.

Simon Harris

Question:

426 Deputy Simon Harris asked the Minister for Justice and Equality the reason for the delay in processing an application for naturalisation as an Irish citizen in respect of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [31296/11]

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received, from the person referred to by the Deputy, in April 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.

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.

Crime Levels

Seán Kenny

Question:

427 Deputy Seán Kenny asked the Minister for Justice and Equality the number of fixed penalty notices that have been issued for alcohol-related disorder for the years 2007 to 2010, inclusive, and to date in 2011; the offences for which penalty notices can be issued; the amount generated through penalty notices; his plans to extend this scheme; and if he will make a statement on the matter. [31306/11]

Section 184 of the Criminal Justice Act 2006, which came into operation on 1 August, 2006, inserted into the Criminal Justice (Public Order) Act 1994 provision for a fixed charge procedure in relation to the offences of intoxication in a public place and disorderly conduct in a public place (sections 4 and 5 respectively of the Criminal Justice (Public Order) Act 1994). The provisions were amended by sections 20 and 21 of the Intoxicating Liquor Act 2008. The fixed charge is €100 and €140 for offences contrary to sections 4 and 5 respectively, which increases by 50% if not paid within a 28 day period. A summons issues if the charge is not paid within 56 days.

I am informed by the Garda authorities that the following table shows the number of fixed charge notices issued for offences contrary to these sections from October, 2008 to August, 2011. It is not possible to provide statistics for the number of fixed charge penalty notices issued in 2007 and in 2008 up to October without a disproportionate use of resources.

Number of fixed charge notices issued for alcohol related offences from October, 2008 to August, 2011

Year

Number of fixed charge notices

2011 (to August)

3,985

2010

5,347

2009

3,718

2008 (from October)

344

I am informed that it is not possible to provide information on the amount generated to date by fixed charge notices for alcohol related offences without a disproportionate use of resources.

I currently have no plans to extend the scheme.

Road Traffic Offences

Seán Kenny

Question:

428 Deputy Seán Kenny asked the Minister for Justice and Equality the procedures that gardaí must take when dealing with a vehicle which is travelling at high speed; and if he will make a statement on the matter. [31307/11]

I have requested the information sought by the Deputy from the Garda authorities. I will be in contact with the Deputy when this information is to hand.

Sexual Offences

Shane Ross

Question:

429 Deputy Shane Ross asked the Minister for Justice and Equality his plans to direct Irish Internet service providers to employ means through which access to Internet sites depicting child sexual abuse is restricted; and if he will make a statement on the matter. [31312/11]

The internet is a worldwide phenomenon with no borders and no single organisation controlling it. There is, however, an existing self-regulatory framework for internet service providers (ISPs) in operation in Ireland which actively encourages the adoption of best practice procedures aimed at limiting the proliferation of illegal child pornography content online. Members of the public may report such material to the www.hotline.ie service of the Internet Service Providers’ Association of Ireland (ISPAI). If the material is hosted here and deemed to be illegal and in contravention of Irish law, ISPAI members are obliged to remove such materials. If the material is hosted in another jurisdiction, it is notified to the internet hotline in that jurisdiction and/or to the relevant law enforcement agencies for follow up, with the aim of having illegal content taken down.

At present all of the mobile phone operators in Ireland, under a voluntary agreement brokered by the European Commission with the GSM Alliance Europe, the association representing European mobile phone operators, implement a form of filtering on their mobile internet service, which prevents access to websites which have been identified as containing child pornography content.

In a number of EU Member States, a system of internet blocking/filtering has been introduced on a voluntary basis, whereby a "blocklist" of sites containing child pornography is made available by the police or other competent authorities, and is utilised by individual ISPs to prevent access to such content. It is generally acknowledged that all such internet blocking or filtering systems are not foolproof and can be circumvented in certain circumstances. However, such filtering systems are understood to be useful in preventing internet users from inadvertently encountering such illegal content. Of course, the key objective from a law enforcement perspective is to achieve the removal of such material from the internet at source.

A draft proposal for a Directive on combating the sexual abuse, sexual exploitation of children and child pornography was published in 2010 by the European Commission and is currently being negotiated by the EU institutions. The draft Directive contains a proposal which may require Member States to implement some form of blocking system in relation to websites containing child pornography. Ireland's participation in the adoption and implementation of this Directive has been approved by the Government and the Oireachtas. The Directive is in the course of its final negotiations at EU level and is expected to be adopted in the near future. A two year period from the date of its adoption will apply to the transposition of this Directive into national law and possible further options to combat child pornography online will be considered in that context.

Residency Permits

Regina Doherty

Question:

430 Deputy Regina Doherty asked the Minister for Justice and Equality the reason behind the refusal to renew a Garda National Immigration Bureau card in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31370/11]

I have been informed by officials in the Irish Naturalisation and Immigration Service that the person referred to by the Deputy was initially granted residency in the State as the dependant of her parents who are EU nationals. However, her parents have now left the State and she no longer qualifies for residency under EU Treaty rights.

I am further informed that this person recently made an application for residency based on being in a de facto relationship with an Irish national. The application was refused as the couple failed to submit documentary evidence to prove that their relationship had been for a duration of at least two years.

They were advised that it is open to them to submit another application when the person in question and her partner can provide evidence that will support her application. 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 Operations

Finian McGrath

Question:

431 Deputy Finian McGrath asked the Minister for Justice and Equality if he will review a matter (details supplied) regarding anti-social behaviour in an area. [31373/11]

I am informed by the Garda authorities that the premises referred to is within Whitehall Garda Sub-District. Local Garda management is aware of difficulties being experienced by residents in the area as a result of anti-social behaviour in the vicinity of the premises.

Liaison is maintained with the proprietor, management and staff of the premises regarding the difficulties being experienced. The premises is also subject to regular inspections under the liquor licensing legislation. Liaison is also maintained by the Community Policing Unit with local institutions and groups, and arrangements are being made to raise awareness of the difficulties caused by anti-social behaviour.

The area is the subject of regular patrols by uniform and plain clothes personnel, including the Community Policing Unit and the Mountain Bike Unit, supplemented as required by the District and Divisional Detective and Drug Units.

Local Garda management closely monitors and keeps under review patrols and other operational strategies in place, in conjunction with crime trends and policing needs of the communities in the area, to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.

Current policing plans in the area are designed to address issues of crime and public order offences. Community policing is a central feature and core value of policing policy, and current policing strategies are predicated on the prevention of crime, public order offences and anti-social behaviour.

Departmental Agencies

Mary Lou McDonald

Question:

432 Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide a list of all commercial semi-State companies under his aegis. [31397/11]

I can inform the Deputy that the bodies and agencies attached to my Department provide public services in the broad Justice area, and, as such, do not engage in any significant commercial activity.

Garda Vetting of Personnel

Pearse Doherty

Question:

433 Deputy Pearse Doherty asked the Minister for Justice and Equality when a person (details supplied) in County Dublin may expect to receive Garda clearance. [31422/11]

It is not clear what form of clearance the Deputy is referring to.

If he is referring to Garda Vetting issued by the Garda Central Vetting Unit then it is not possible to check the status of such an application in the absence of the date of birth of the individual concerned.

If however, the Deputy is referring to a different process, then the Garda authorities have advised me that further details will be required in order to make the necessary inquiries.

Deportation Orders

Seán Ó Fearghaíl

Question:

434 Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality if he will defer the deportation of a family (details supplied) in County Kildare; and if he will make a statement on the matter. [31462/11]

The members of the family in question are subject to Deportation Orders and they are legally obliged to comply with any reporting requirements placed on them by the Garda National Immigration Bureau. To date they are continuing to report to the Bureau as directed.

However, there remains the option of applying to me for revocation of the Deportation Orders pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. However I wish to make clear that such an application would require substantial grounds to be successful and must be based on new information which was not capable of being presented to me prior to the Deportation Orders being signed. 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.

Control of Firearms

John McGuinness

Question:

435 Deputy John McGuinness asked the Minister for Justice and Equality if he or the Garda Commissioner will set down guidelines which will inform applicants for firearm certificates of the meaning of the description good and sufficient reasons for requiring the firearm thus assisting all concerned regarding what is required by the legislation and the process; and if he will make a statement on the matter. [31478/11]

I have asked the Garda Commissioner for a report on the matter and I will write to the Deputy when it becomes available.

Departmental Expenditure

Billy Kelleher

Question:

436 Deputy Billy Kelleher asked the Minister for Justice and Equality the total expenditure in 2010 on ICT, including staff costs, support and maintenance services, hardware, software, and external resources, including consultancies, contractors and service providers and all agencies under the aegis of his Department. [31522/11]

Total ICT expenditure for the Department and all agencies under the aegis of the Department in 2010, including staff costs, support and maintenance services, hardware, software, and external resources including consultancies, contractors and external service-providers was in the region of €26,445,000. These figures comprise expenditure for the following areas:

1. The Department itself and the bodies/offices/agencies on its IT Shared Service (see full list below)

2. Irish Prison Service

3. Irish Naturalisation and Immigration Service

4. Financial Shared Services

5. Equality divisions and agencies until their transfer to the Department of Community, Equality and Gaeltacht Affairs

The Department's IT Shared Service, operating since 2003, provides centralised IT services to approximately 2,000 users in the Department and 27 agencies nationally and internationally. This approach ensures that the Department achieves economies of scale for the provision of these services, whilst reducing administration costs. Contracts and expenditure are regularly reviewed and suppliers engaged with to ensure that products and services are delivered at the most cost-effective rates.

A cross Departmental and cross agency ICT Governance Group, set up in early 2011, which has a remit in relation to the strategic overview and management of ICT developments, now reviews all proposed ICT expenditure to ensure value for money is achieved.

List of Departments, Offices and Agencies on the IT Shared Service:

Department of Justice and Equality

Anti Human Trafficking Unit

Casino Commission

Coroner's Service

COSC

Criminal Injuries Compensation Tribunal

Criminal Law Codification

Equality Authority

Equality Tribunal

Financial Shared Services

Garda Inspectorate

INIS

Irish Film Classification Office

Irish Youth Justice Service

National Disability Authority

National Property Services Regulatory Authority

Office for Internet Safety

Office for the Promotion of Migrant Integration

Office of the Commissioner of Charitable Donations and Bequests

Office of the Data Protection Commissioner

Office of the Inspector of Prisons

Office of the Refugee Applications Commissioner

Parole Board

Private Security Authority

Reception & Integration Agency

Refugee Appeals Tribunal

State Pathology

Victims of Crime

Illicit Trade in Tobacco

Michael Healy-Rae

Question:

437 Deputy Michael Healy-Rae asked the Minister for Justice and Equality his views on the penalty for cigarette smuggling (details supplied); and if he will make a statement on the matter. [31532/11]

The penalties for offences relating to the smuggling of tobacco products and the sale of illicit or counterfeit tobacco are provided for in the Finance Acts. The Finance Acts are, are course, a matter for the Minister for Finance.

With regard to the particular penalties imposed by the Courts in dealing with this offence type, the position is that the Courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and the conduct of any court case is a matter entirely for the presiding judge.

It is not open to me to comment or intervene in any way in relation to how particular proceedings are conducted or on the outcome of those proceedings. It is a matter for the court having considered all the circumstances of the case to impose an appropriate penalty.

The question of whether there should be further amendments to the penalty provisions applying to these offences is a matter for my colleague Mr. Michael Noonan TD, Minister for Finance.

Garda Vetting of Personnel

Billy Timmins

Question:

438 Deputy Billy Timmins asked the Minister for Justice and Equality the position regarding a Garda vetting application in respect of a person (details supplied); if this will be dealt with as a matter of urgency; and if he will make a statement on the matter. [31560/11]

I am informed by the Garda Authorities that a vetting application was received by the Garda Central Vetting Unit (GCVU) in respect of the person concerned and that it is currently being processed.

A response will issue to the registered organisation in due course. All organisations registered with the GCVU are aware of the time taken to process applications and have been advised to factor this into their recruitment and selection process. I am informed that the current processing time is an average of 9 weeks.

Expenditure Reviews

Bernard J. Durkan

Question:

439 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which he will ensure that budgetary reviews currently undertaken by him will not result in a reduction or diminution of Garda cover having particular regard to existing and identified sensitive areas in regard to organised crime; and if he will make a statement on the matter. [31568/11]

Bernard J. Durkan

Question:

440 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will ensure that current budgetary reviews in his Department will not materially affect the extent to which the resources of An Garda Síochána are available to meet the challenges of organised crime; and if he will make a statement on the matter. [31569/11]

Bernard J. Durkan

Question:

443 Deputy Bernard J. Durkan asked the Minister for Justice and Equality his proposals to ensure the availability of the maximum resources to tackle criminal gangland activity; and if he will make a statement on the matter. [31572/11]

I propose to take Questions Nos. 439, 440 and 443 together.

As I have indicated to this House on many occasions, tackling serious and organised crime, and bringing those involved to justice, is a key priority for the Government. At operational level the implementation of specific measures to deal with criminal gangs and their criminal activities is a matter for the Garda Commissioner.

I also wish to make it clear that when it comes to the general allocation of financial resources to An Garda Síochána the Government is committed to maintaining frontline services. I will, of course, continue to engage with my colleague the Minister for Public Expenditure and Reform regarding the Garda budget for 2012 and beyond.

Garda management closely monitors the allocation of resources, including transfers and retirements, in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level, to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public. Senior Garda Management is satisfied that a full and comprehensive policing service continues to be delivered and that current structures in place meet the requirement to deliver an effective and efficient service to the community.

Question No. 441 answered with Question No. 80.

Garda Equipment

Bernard J. Durkan

Question:

442 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will ensure that the full extent of technology required remains available to the gardaí notwithstanding the economic situation having particular regard to the need to ensure adequate resources in respect of crime prevention, detection and punishment; and if he will make a statement on the matter. [31571/11]

I am informed by the Garda authorities that resources to ensure that Information and Communications Technology (ICT) is used effectively by An Garda Síochána will continue to be made available to the greatest extent possible. Over the past number of years there has been considerable progress in the delivery of new ICT solutions to support An Garda Síochána. These include major initiatives such as the deployment of a Digital Radio System and an Automated Fingerprint Information System.

Question No. 443 answered with Question No. 439.

Prison Committals

Bernard J. Durkan

Question:

444 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which an assessment has been carried out of the number of prison spaces currently occupied by persons incarcerated for non-criminal offences; the number of persons if known in respect of whom warrants have been issued and are outstanding in respect of criminal offences; and if he will make a statement on the matter. [31573/11]

I understand that the Deputy is referring to the number of individuals who are in custody for non payment of fines, debtor offences and contempt of court. The numbers of such individuals in custody on 30 September, 2011 is set out in the table below.

Total

Fines Offences

13

Debtor Offences

0

Definite contempt of court

5

Indefinite contempt of court

3

It is not possible to provide the information requested on the number of persons in respect of whom warrants have been issued and are outstanding in respect of criminal offences without the manual examination of the numerous records concerned. This would require a disproportionate and inordinate amount of staff time and effort which can not be justified in current circumstances where there are other significant demands on resources.

The Deputy will appreciate that in cases involving persons being held in contempt of court, the ongoing detention of the person concerned is a matter for the Courts. Consequently it is not open to me to intervene in this matter. I might also mention that the Fines Act 2010 introduces a number of measures to prevent the automatic imprisonment of fine defaulters. In particular it has provisions dealing with capacity to pay, payment by instalments, recovery by appointment of a receiver and community service in default of payment of a fine. I intend to introduce further measures which will allow recovery by means of attachment of earnings orders.

Garda Operations

Bernard J. Durkan

Question:

445 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which provision is being made or enhanced to combat the activity of criminal gangs; and if he will make a statement on the matter. [31574/11]

Bernard J. Durkan

Question:

448 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he has monitored the level of activity in criminal gangs; and if he will make a statement on the matter. [31577/11]

I propose to take Questions Nos. 445 and 448 together.

Tackling serious crime remains a key ongoing priority both for the Government and for An Garda Síochána.

The Policing Plan of An Garda Síochána for 2011 sets out the commitment of An Garda Síochána to pro-actively target groups and individuals engaged in organised criminal activities.

Accordingly, the Garda Commissioner has put special measures in place to combat criminal gangs. These measures include the deployment of significant resources with a number of operational approaches, including a multi-agency approach and the use of intelligence-targeted operations.

The lead role in this approach is being undertaken by the Garda Organised Crime Unit which targets organised criminal gangs. The Unit works in conjunction with other Garda national units such as the Emergency Response Unit, the Bureau of Fraud Investigation and the Criminal Assets Bureau.

All of these units cooperate very closely and as a result of targeted Garda operations in this area a number of persons (including members of criminal groups) are before the Courts charged with serious offences.

Through this work the monitoring of organised criminal gangs is ongoing and is kept under constant review.

The Deputy will also be aware that the criminal law targeting organised crime has, in recent times, been the subject of significant amendment, primarily with the introduction of the Criminal Justice (Amendment) Act 2009 and other related pieces of legislation including the Criminal Justice (Surveillance) Act 2009 with regard to covert surveillance, and the Criminal Justice (Miscellaneous Provisions) Act 2009 with regard to the use of weapons.

As I have indicated previously to the House, it is my intention to keep under review the question of whether any further improvements could be made to the overall legislative framework in this area to render it more effective. In this regard, I have recently written to the Garda Commissioner to ascertain his views on the operation of this body of legislation and, in particular, the operation of the 2009 Act. In addition, in accordance with the commitments contained in the Programme for Government it is my intention, in due course, to bring forward legislative proposals which will serve to strengthen the powers of the Criminal Assets Bureau in relation to forfeiting the proceeds of crime.

Crime Prevention

Bernard J. Durkan

Question:

446 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the degree to which provisions are being made to prevent money laundering; and if he will make a statement on the matter. [31575/11]

The Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 replaced the money laundering provisions of the Criminal Justice Act 1994 and transposed the requirements of the third EU Money Laundering Directive.

The Act strengthens Irish legislation on money laundering by creating broader money laundering offences and extending anti-money laundering regulatory systems.

The scope of the offence of money laundering was broadened substantially under the Act and now includes any concealment, conversion, handling etc. of property where a person knows, believes, or is reckless as to whether property represents the proceeds of "criminal conduct". Criminal conduct is defined (in section 6) to include any conduct that constitutes an offence, whereas formerly the definition was confined to indictable (serious) offences.

The Act provides that a "designated person" is required to carry out what are known as customer due diligence measures. These include verifying the identity of customers and monitoring their transactions in order to detect money laundering. Section 42 of the Act requires a "designated person" who knows, suspects or has reasonable grounds to suspect, on the basis of information obtained in the course of business, that another person has been or is engaged in money laundering or terrorist financing to report this to the Financial Intelligence Unit of the Garda Bureau of Fraud Investigation and the Revenue Commissioners.

The Act defines a "designated person" to include a credit or a financial institution, an auditor, external accountant or tax adviser, a relevant independent legal professional, a trust or company service provider, a property service provider, a person who directs a private members club at which gambling activities are carried on, a person trading in goods in respect of transactions involving the receipt of cash of at least €15,000 or any other person of a prescribed class. The Act provides for designated persons to be supervised as regards their money-laundering prevention responsibilities by a relevant competent authority. Banks and other credit and financial institutions are supervised by the Central Bank, accountants by their relevant designated accountancy body, solicitors and barristers by the Law Society and Bar Council respectively and any remaining designated persons are supervised by an authority prescribed by the Minister. The Act for the first time designated the Minister for Justice and Equality as a competent authority for a number of sectors that were previously unsupervised for this purpose.

Prison Services

Bernard J. Durkan

Question:

447 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the degree to which rehabilitative programmes remain available throughout the prison service with particular reference to those accused of minor crimes; and if he will make a statement on the matter. [31576/11]

The Irish Prison Service provides a range of rehabilitative programmes which have the dual purpose of providing prisoners with purposeful activity while serving their sentences and encouraging and equipping them to lead productive lives on release. The full range of services is available to all prisoners, although prisoners on shorter sentences may not be able to complete the full range of coursework and programmes. Staff however have a wealth of experience in tailoring programmes to suit both short term and long term prisoners and endeavour to provide as complete a regime as possible within the time available.

Programmes provided include healthcare, psychiatric, psychological, educational, work and training, vocational, counselling, welfare and spiritual services. These are important in addressing offending behaviour, drug and alcohol addiction, missed educational and vocational opportunities, anger management, and self management in the interest of encouraging positive personal development and preparation for re-integration and resettlement on release from custody.

Educational services are available at all institutions and are provided in partnership with a range of agencies including the VECs, Public Library Services, Colleges and the Arts Council. The Department of Education and Skills provides an allocation of 220 whole-time teacher equivalents which has remained unaltered since 2007. Literacy, numeracy and general basic education provision is the priority and broad programmes of education are made available which generally follow an adult education approach. During 2010, approximately 35% of the prison population attended classes. A significant expansion and development of vocational training programmes has taken place in recent years with over 90 workshops in place capable of catering for in excess of 800 prisoners each day. 874 prisoners attended such courses last year, up from 376 who participated in 2009.

The Psychology Service offers group and individual interventions to all prisoners. Group interventions include programmes on motivational enhancement, relapse prevention, anxiety management, dialectical behaviour therapy, stress management, enhanced thinking skills and anger control. A particular emphasis has been put on the development of programmes for prisoners convicted of sex offences and violent offences. Individual interventions comprise therapeutic work focusing on mental health care and offence-related issues, motivational and crisis counselling. Progress is also being made on the development of programmes based on risk assessment and rehabilitation needs.

The Probation Service also helps prisoners to maintain links with family and community agencies, encouraging them to address their offending behaviour, and engaging prisoners in individual counselling and group counselling programmes such as offending behaviour, addiction, violence and sex offending.

Question No. 448 answered with Question No. 445.

Courts Service

Bernard J. Durkan

Question:

449 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent if any to which changes have been implemented to address any backlog in the courts system; if there are particular areas identified as being in need of specific attention in this regard [31578/11]

The management and administration of the courts, as the Deputy will be aware, is a matter for the Courts Service. The allocation of the business of the courts, scheduling of court cases and the management of court lists are matters for the judiciary and the Presidents of the courts. The Deputy will also be aware that judges are, subject to the Constitution and the law, independent in the exercise of their judicial functions.

I am informed that the judiciary monitor waiting times and backlogs of court cases on an ongoing basis to ensure that delays are kept to a minimum. Measures introduced by the President of the High Court have resulted in marked improvements with many cases now receiving trial dates within a single legal term. Additional judges are assigned by the Presidents to Circuits and to Districts to assist with the disposal of cases where backlogs have arisen. The Courts Service works with the judiciary to ensure that all cases are dealt with and disposed of as speedily as possible.

Notwithstanding this I intend to take action, within my area of responsibility as Minister, to seek to address particular problems as they arise. For example, following a judgment last year of the European Court of Human Rights I recently established an Expert Group under the chair of Mr. Paul McDermott, SC to consider, inter alia, how delays might be alleviated and I look forward to considering their report when it is to hand.

As the Deputy will be aware, an area of particular concern is the backlog at Supreme Court level which currently stands at 37 months. The Government is committed to establishing a court of appeal and in this regard my Department is further considering the report of the Working Group on a Court of Appeal. My Department, also, is in the process of finalising the Heads of a Mediation and Conciliation Bill that will provide a more structured approach to mediation in the legal system and will assist in removing the pressure on court time and the courts.

Witness Intimidation

Bernard J. Durkan

Question:

450 Deputy Bernard J. Durkan asked the Minister for Justice and Equality his plans if any to prevent intimidation of witnesses by criminals on bail; and if he will make a statement on the matter. [31579/11]

Section 41 of the Criminal Justice Act 1999 makes it an offence to harm or threaten, menace or in any other way intimidate or put in fear a person who is assisting in the investigation by An Garda Síochána of an offence or a witness or potential witness or a juror or potential juror in proceedings for an offence or a member of his or her family, intending to obstruct, pervert or interfere with an investigation or the course of justice.

The original penalty provided for in the 1999 Act upon being found guilty under this section was 10 years. In view of the gravity with which this type of criminal activity is viewed, the penalty was increased to 15 years by the Criminal Justice (Amendment) Act 2009.

The Gardaí rigorously enforce the provisions of the law relating to witness and jury intimidation and, of course, will continue to do so.

Departmental Agencies

Mary Lou McDonald

Question:

451 Deputy Mary Lou McDonald asked the Minister for Defence if he will provide the following information regarding the agencies operating under the aegis of his Department (details supplied), the number of whole time equivalent staff, the number of board members; the chairperson and board members respective remuneration packages; the annual wage bill and the amount of central funding provided to the agency inclusive of wage bill [30774/11]

The information requested in relation to the Army Pensions Board and the Board of Civil Defence is as follows:

Name of Agency

Number of Board Members

Whole Time Equivalent Staff Numbers

Civil Defence

14

25.2

Army Pensions Board

3

2

There is no remuneration paid to the members of these boards.

Name of Agency

Estimated Annual Wage Bill 2011

Budget Allocation

Civil Defence

€1,226,770

€5,585,000

Army Pensions Board

€83,102

€103,000

Mary Lou McDonald

Question:

452 Deputy Mary Lou McDonald asked the Minister for Defence if he will provide a list of all non-commercial State agencies under the aegis of his Department. [30780/11]

Mary Lou McDonald

Question:

454 Deputy Mary Lou McDonald asked the Minister for Defence if all non-commercial State agency employees under his Department’s aegis are paid directly from the Exchequer. [30885/11]

I propose to take Questions Nos. 452 and 454 together.

The non commercial State agencies under the aegis of the Department of Defence are the Civil Defence Board, the Army Pensions Board and the Board of Coiste an Asgard.

The staff of the Civil Defence Board and the Army Pensions Board are paid from the Exchequer by the Department of Defence.

In the context of settling the Estimates for the Department of Defence for 2010, the Government decided that the national sail training scheme operated by Coiste an Asgard would be discontinued as recommended in the Report of the Special Group on Public Service Numbers and Expenditure. As a result, no funding was provided in 2010 or 2011. No staff have been seconded to Coiste an Asgard since 2010, and the Board will be dissolved shortly.

Defence Forces Strength

Robert Troy

Question:

453 Deputy Robert Troy asked the Minister for Defence further to Parliamentary Question No. 150 of 12 October 2011, the established strength in each rank as provided in Defence Force regulations and the strength by rank which he now approved in tabular form. [30836/11]

The attached tables outline the established and actual strength in each rank of the Reserve Defence Force, Army, Naval Service and Reserve Defence Force Training Authority as at 30 September 2011, the latest date for which figures are available. I understand a detailed response to Question No. 150 of 12 October 2011 will be issued to you later this week.

Army Reserve

Lt Col

Comdt

Capt

Lt

Total Officers

SM

BQMS

CS

CQMS

SGT

CPL

Total NCOs

PTES

CADETS

Total

Army Res Established Strength

3

130

274

277

684

18

18

106

133

838

1723

2836

5772

0

9292

Army Res Actual Strength as at 30 September 2011

3

82

170

280

535

12

14

81

79

582

888

1656

2916

0

5107

Naval Reserve

Lt Col

Comdt

Capt

Lt

Total Officers

SM

BQMS

CS

CQMS

SGT

CPL

Total NCOs

PTES

CADETS

Total

Naval Res Established Strength

0

4

28

0

32

0

0

4

12

24

48

88

280

0

400

Naval Res Actual Strength as at 30 September 2011

0

3

10

7

20

0

3

10

0

10

30

53

151

0

224

Non-Integrated RDF Training Authority (RDFTA):

Lt Col

Comdt

Capt

Lt

Total Officers

SM

BQMS

CS

CQMS

SGT

CPL

Total NCOs

PTES

CADETS

Total

RDFTAN on Int Established Strength

1

4

17

1

23

1

0

3

2

15

11

32

0

0

55

RDFTA Actual Strength as at 30 September 2011

0

4

8

6

18

1

0

1

1

10

0

13

0

0

31

Question No. 454 answered with Question No. 452.

Departmental Expenditure

Anne Ferris

Question:

455 Deputy Anne Ferris asked the Minister for Defence if he will provide details for the years 2006 to 2011, inclusive, of the arrangements entered into by him, any body under his aegis or State agency for which he has responsibility, for the obtaining of advice from a senior or junior counsel and or a firm of solicitors; the subject matter for which advice was sought; the names of the barristers and solicitors firms concerned and the fees paid; the nature of the work concerned; if in each case the matter was advertised for competitive tender and if not, the reason; and if he will make a statement on the matter. [30951/11]

The Chief State Solicitors Office and the State Claims Agency deal with all legal matters on behalf of the Department. As such it would seldom arise that the Department procures the services of external solicitors and barristers directly. In 2007 McCann Fitzgerald solicitors were contracted, through a competitive tendering process, to provide legal drafting, research and advice services in relation to the drafting of new Rules and Procedure and Court Martial Rules following the enactment of the Defence (Amendment) Act, 2007. A payment for this service was made in 2008 to the value of €53,845 which included VAT. No legal firm was involved in the preparation of the tender documents.

The Defence Forces Canteen board has procured legal advice from B.P. McCormack & Son, Solicitors. The only payment made in the years listed was a payment of €5,505.50 in 2008 in relation to two cases. Firstly, advice was sought concerning the amendment of regulations and, secondly, legal advice was sought in a case taken by an employee of the Board.

In 2011, AL Goodbody Solicitors were paid €21,168.75 for their work in relation to a conciliation hearing between the Department and a building contractor. No competitive tender competition was held due to the short timescale available between notification of the requirement for legal advice and the date of the conciliation meeting. AL Goodbody was selected to provide this service on the basis that they had been engaged by the Department of Finance to provide advice on the contract documents that were the subject matter of the hearing.

Mary Lou McDonald

Question:

456 Deputy Mary Lou McDonald asked the Minister for Defence the annual cost of the licensed payroll system, Corepay, to his Department. [31054/11]

The annual running cost of the Corepay payroll system for my Department, based on 2011 payments, is €72,734. This cost is broken down as follows:

Annual Maintenance (paid to Core International)

41,837

Annual Support Costs for Oracle Database Licences for 400 users1 (paid to Oracle EMEA)

30,897

1Note: These licences also allow the 400 users to access the eBusiness suite of Oracle applications used for accounts and integrated management information systems in the Department.

Departmental Bodies

Mary Lou McDonald

Question:

457 Deputy Mary Lou McDonald asked the Minister for Defence if he will provide a list of all commercial semi-State companies under his aegis. [31390/11]

There are no commercial semi-state bodies under the aegis of the Department of Defence.

Departmental Expenditure

Billy Kelleher

Question:

458 Deputy Billy Kelleher asked the Minister for Defence the total expenditure in 2010 on ICT, including staff costs, support and maintenance services, hardware, software, and external resources, including consultancies, contractors and service providers; and all agencies under the aegis of his Department. [31515/11]

The total expenditure on ICT in 2010 for my Department and agencies under the aegis of the Department is as follows:

Department of Defence1

3,605,012

Defence Forces2

6,545,268

ODF

40,750

1This includes the Civil Defence Board and the Army Pensions Board as the Department provides IT services to both .

2This does not include staff costs for the Defence Forces as it was not possible to collate the relevant staff costs within the timeframe required. This information will be provided to the Deputy in writing once it has been collated.

Grant Payments

Paul Connaughton

Question:

459 Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Galway will receive an area-based payment; and if he will make a statement on the matter. [30751/11]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 4th May 2011. This application was selected for and was the subject of a Ground Eligibility/Cross Compliance Inspection.

During this visit discrepancies were found in relation to a number of parcels. As a result of these discrepancies the claimed area of 20.56ha was reduced to 19.4ha. Under EU Regulations if the total area found is not sufficient to support the number of entitlements held penalties will be applied per the Terms and Conditions of the scheme. In this case the number of entitlements held by the person named is 20.24. As the difference between the area declared and the area found is more than 3%, under EU Regulations, the difference between the area found and the area claimed is doubled and deducted from the area found. As a result the area put forward for payment under the Single Payment Scheme was 17.72ha.

Formal notification of these results will be forwarded to the person named in writing. If the person named is not satisfied with the results of the inspection, he may seek a review by contacting his Local Office. He also has the right to appeal the outcome of any such review to the Independent Agriculture Appeals Office.

Paul Connaughton

Question:

460 Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Galway will receive an area-based payment; and if he will make a statement on the matter. [30752/11]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 21st April 2011. This application was selected for and was the subject of a Ground Eligibility Inspection.

During this visit discrepancies were found in relation to number of parcels. As a result of these discrepancies the claimed area of 34.5ha was reduced to 33.15ha. Under EU Regulations if the total area found is not sufficient to support the number of entitlements held penalties will be applied per the Terms and Conditions of the scheme. In this case the number entitlements held by the person named is 34.47. As the difference between the area declared and the area found is more than 3%, under EU Regulations, the difference between the area found and the area claimed is doubled and deducted from the area found. As a result the area put forward for payment under the Single Payment Scheme was 30.51ha.

Formal notification of these results will be forwarded to the person named in writing. If the person named is not satisfied with the results of the inspection, he may seek a review by contacting his Local Office. He also has the right to appeal the outcome of any such review to the Independent Agriculture Appeals Office.

Milk Quota

Paul Connaughton

Question:

461 Deputy Paul Connaughton asked the Minister for Agriculture, Food and the Marine if a person (details supplied) in County Galway who has applied for additional milk quota will be successful; and if he will make a statement on the matter. [30763/11]

The Department has received an application from the person named to purchase quota in the first stage of the 2012/2013 Milk Quota Trading Scheme.

Applications to the scheme are currently being processed. I expect to be in a position to announce the results of the Scheme in early December. However, results specific to the outcome of an individual's application will be notified to the applicant by his/her milk purchaser, around that time also.

Departmental Agencies

Mary Lou McDonald

Question:

462 Deputy Mary Lou McDonald asked the Minister for Agriculture, Food and the Marine if he will provide the following information regarding the agencies operating under the aegis of his Department (details supplied); the total number of whole-time equivalent staff; the number of board members; the chairperson and board members respective remuneration packages; the annual wage bill and the total amount of central funding provided to the agency inclusive of wage bill. [30770/11]

The information requested by the Deputy can be found listed in the following table. The Agriculture Appeals Office, An Foras Orgánach and COFORD (National Council for Forest Research and Development) are not agencies but are part of my Department and as such would be included in any Departmental figures.

Body

Total Number of Staff (Full-time equivalents)

Total Number of Board Members

Remuneration

Total Annual Wage Bill

Total Amount of Central Funding for each Agency

Aquaculture Licensing Appeals Board (ALAB)

0.251

7

Chair: €8,978; Ordinary Board member: €5,985

€300,000

Bord Bia (Irish Food Board)

97

15

Chair: €20,520; Ordinary Board member: €11,970

€9.16m

€35.182m

Bord Iascaigh Mhara

125.2

5

Chair: €11,970; Ordinary Board member: €7,695

€8.949m including pensioners

€16.738m

Marine Institute

188.1

8

Chair: €11,970; Ordinary Board member: €7,695

€7.4m (Centrally Funded Staff)€3.325m (Other wage costs funded independently of central pay funding)

€24.2m

National Milk Agency

5

14

Only the Chair receives remuneration of €8,978 per annum

€340,930

Nil

Sea Fisheries Protection Authority (SFPA)

96

3

Authority is comprised of 3 staff. No additional remuneration paid to Authority members.

€7.2m

€10.9m

Teagasc

1,262.55

12

Chair: €20,520; Ordinary Board member: €11,970

€79.709m

€126.165m

Veterinary Council of Ireland

4

19

No remuneration is paid to Board members

€202,585

Nil

1Department of Agriculture, Food and the Marine staff

Mary Lou McDonald

Question:

463 Deputy Mary Lou McDonald asked the Minister for Agriculture, Food and the Marine if he will provide a list of all non-commercial State agencies under the aegis of his Department. [30776/11]

There are 12 State Bodies that fall under the aegis of my Department, 8 of which are classified as non-commercial and are listed as follows.

State Body

Aquaculture Licensing Appeals Board

Bord Bia

Bord Iascaigh Mhara

Marine Institute

National Milk Agency

Sea Fisheries Protection Agency

Teagasc

Veterinary Council of Ireland

Grant Payments

Michelle Mulherin

Question:

464 Deputy Michelle Mulherin asked the Minister for Agriculture, Food and the Marine the reason for the delay in processing of an application for the single payment for 2011 in respect of a person (details supplied) in County Mayo; the date by which the payment will be made; and if he will make a statement on the matter. [30814/11]

There are no delays in payments to farmers under the Single Farm Payment Scheme, the earliest payment date provided for under EU rules being 1 December. However, mindful of the significance to the wider rural economy of the Single Payment, earlier this year I successfully sought the approval of the Commissioner to have advance payments made as and from 17 October. This is the earliest possible legal date for making payments, being the start of the new EU financial year.

Insofar as the person named is concerned, an application under the 2011 Single Payment Scheme was received on 13 April 2011, processing of which has recently been completed, thereby allowing 50% advance payment to issue on 17 October.

Rural Environment Protection Scheme

Michelle Mulherin

Question:

465 Deputy Michelle Mulherin asked the Minister for Agriculture, Food and the Marine the reason for the delay in REP scheme 2010 payment in respect of a person (details supplied) in County Mayo; and if he will expedite the processing of this application and the issue of payment. [30824/11]

The person named was approved for participation in the Agri-Environment Options Scheme with effect from the 1st of September 2010.

Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. During these checks a discrepancy arose in relation to the parcel use on two of the land parcels listed on the application of the person named. Officials in my Department have been in direct contact with the person named with a view to resolving the problem and issuing payment as quickly as possible.

Charlie McConalogue

Question:

466 Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine when payment will issue to a person (details supplied) in County Donegal; and if he will make a statement on the matter. [30826/11]

The person named commenced REPS 4 in January 2009 and received full payment for the first two years of their contract. In addition, 75% of their third year payment issued on 13th June 2011 for the amount of €5,551.85.

An area based discrepancy was subsequently discovered following a cross check between the SPS application for 2010 from the person named and the REPS agri-environmental plan which has resulted in the imposition of a penalty and a delay in processing the final 25% payment under REPS 4 for 2010. My Department is currently making arrangements to process the outstanding 25% payments to farmers in instances where penalties have been imposed. These outstanding payments will commence in the next week or so.

Arrangements are also well advanced to issue payments in respect of 2011 and I expect that these payments will commence in November.

Fisheries Protection

Brendan Griffin

Question:

467 Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine his views regarding herring fishery in 2011 (details supplied); when he expects a decision to be made on the matter; and if he will make a statement on the matter. [30851/11]

Earlier this year I asked the fishing industry and other interested parties to make proposals on the future management arrangements for all Irish herring fisheries, including the Celtic Sea stock. In response to this a number of proposals were received, many offering conflicting views, particularly in regard to the need to ring fence the fisheries. Taking account of the views expressed I have asked my Department to prepare options for my consideration taking all issues into account. When I have chosen a preferred option, I plan to make this available to Industry representatives for views before making a final decision on the management arrangements for 2012 herring fisheries.

Grant Payments

Paul Connaughton

Question:

468 Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Galway will receive their area based payment; and if he will make a statement on the matter. [30869/11]

An application under the 2011 Disadvantaged Areas Scheme was received from the person named on 18 April 2011, processing of which has recently been completed, thereby allowing payment to issue shortly, directly to the nominated bank account of the person named.

Departmental Agencies

Mary Lou McDonald

Question:

469 Deputy Mary Lou McDonald asked the Minister for Agriculture, Food and the Marine if all non-commercial State agency employees under his Department’s aegis are paid directly from the Exchequer. [30881/11]

Most non-commercial State Bodies under the aegis of my Department receive direct funding from my Department. This funding is used to cover a wide variety of activities depending on the nature and remit of the body. It also covers the admin and salary costs of the organisation. The National Milk Agency is funded by a levy on the Dairy industry and does not receive any finance.

Grant Payments

Pat Breen

Question:

470 Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when payment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [30901/11]

The person named was approved for participation in the Agri-Environment Options Scheme with effect from the 1st of September 2010.

Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. During these checks a query arose in relation to the accumulation of actions on one of the land parcels. Officials in my Department have been in contact with the person named with a view to resolving the problem and issuing payment as quickly as possible.

John O'Mahony

Question:

471 Deputy John O’Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive a disadvantaged area aid payment; and if he will make a statement on the matter. [30904/11]

An application under the 2011 Disadvantaged Areas Scheme was received from the person named on 9 May 2011.

This application was selected for and was the subject of a Ground Eligibility/Cross Compliance Inspection. This inspection was completed and the results are now being processed.

In the vast majority of inspected cases amendments have had to be made to the maps in order that the Land Parcel Identification System that is used for making payments to farmers is kept up-to-date. Processing of these changes is continuing and priority is given to applications who were the subject of a Ground Eligibility Inspection.

John O'Mahony

Question:

472 Deputy John O’Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive a disadvantaged area aid payment; and if he will make a statement on the matter. [30913/11]

An application under the 2011 Disadvantaged Areas Scheme was received from the person named on 10 May 2011, processing of the application has recently been completed, thereby allowing payment to issue to the applicant on 21 October 2011.

Charlie McConalogue

Question:

473 Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine when a single farm payment will issue to a person (details supplied) in County Donegal; and if he will make a statement on the matter. [30952/11]

An application under the 2011 Single Payment Scheme was received from the person named on 7 April 2011, processing of which was recently completed, thereby allowing payment to issue to the person named on 17 October.

John O'Mahony

Question:

474 Deputy John O’Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive a disadvantaged area aid payment; and if he will make a statement on the matter. [30956/11]

An application under the 2011 Disadvantaged Areas Scheme was received from the person named on 18 April 2011, processing of which is now complete, thereby allowing payment to issue to the applicant on 21 October 2011.

Departmental Expenditure

Anne Ferris

Question:

475 Deputy Anne Ferris asked the Minister for Agriculture, Food and the Marine if he will provide details for the years 2006 to 2011, inclusive, of the arrangements entered into by him, any body under his aegis or State agency for which he has responsibility, for the obtaining of advice from a senior or junior counsel and or a firm of solicitors; the subject matter for which advice was sought; the names of the barristers and solicitors firms concerned and the fees paid; the nature of the work concerned; if in each case the matter was advertised for competitive tender and if not, the reason; and if he will make a statement on the matter. [30961/11]

Due to the volume of the information requested by the Deputy, it was not possible to provide it in the required time. I will forward it to the Deputy as soon as it is available.

Grant Payments

Denis Naughten

Question:

476 Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Roscommon will receive a payment; the reason for the delay in same; and if he will make a statement on the matter. [30978/11]

An application under the 2011 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 27 April 2011, following processing of which an over-claim was identified in respect of a land parcel declared by the person named. The person named has been written regarding the matter and, on receipt of a satisfactory reply, the application will be further processed with a view to appropriate payments issuing at an early date thereafter.

Departmental Schemes

Michael Lowry

Question:

477 Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine the reasons an application for the 2010 organic farming scheme was rejected in respect of a person (details supplied) in County Tipperary; the number of other persons in this situation; if other persons in these circumstances have been approved for payment; and if he will make a statement on the matter. [31016/11]

The Organic Farming Scheme was suspended in July 2009 to facilitate a review of the Scheme. Following this review, the Scheme was re-opened from 1 January, 2010 with revised scheme conditions. The purpose of the new requirements, which include the submission of a five year business plan and the completion of an approved training course, is to identify applicants who are most likely to deliver increased organic output nationally and to target support towards those operators who intend producing products which are currently in deficit.

On applying to join the Scheme, the person named made a written declaration that he agreed to be bound by the terms and conditions of the Scheme and that he understood that it was his responsibility to acquaint himself with the conditions of the Scheme. While the requirement to submit a business plan with the application is clearly stated in the Scheme conditions which were published in 2010 the person named did not submit a business plan and was subsequently informed that he was ineligible.

Departmental Expenditure

Mary Lou McDonald

Question:

478 Deputy Mary Lou McDonald asked the Minister for Agriculture, Food and the Marine the annual cost of the licensed payroll system, CorePay, to his Department. [31050/11]

In 2011 the annual cost of the Corepay Licence (including software support and maintenance) for my Department is €25,548.84.

Grant Payments

Michael Creed

Question:

479 Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine if a grant has been paid to a person (details supplied) in County Cork; and if he will make a statement on the matter. [31091/11]

Grant aid was paid by my Department under the Farm Improvement Scheme to the person named on 12 September 2011.

Disadvantaged Areas Scheme

John O'Mahony

Question:

480 Deputy John O’Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive a disadvantaged area payment; and if he will make a statement on the matter. [31093/11]

An application under the 2011 Disadvantaged Areas Scheme was received from the person named on 13 May 2011, processing of which is now complete, thereby allowing payment to issue to the person named on 21 October.

Grant Payments

Michelle Mulherin

Question:

481 Deputy Michelle Mulherin asked the Minister for Agriculture, Food and the Marine the reason for the delay of all payments issuing to a person (details supplied); and if he will expedite the matter. [31141/11]

The person named commenced REPS 4 in June 2009 and received full payment for the first year of their contract. In addition, 75% of their second year payment issued on 23rd February 2011 for the amount of €7,364.54.

An area based discrepancy was subsequently discovered following a cross check between the SPS application for 2010 from the person named and the REPS agri-environmental plan which has resulted in the imposition of a penalty and a delay in processing the final 25% payment under REPS 4 for 2010. My Department is currently making arrangements to process the outstanding 25% payments to farmers in instances where penalties have been imposed. These outstanding payments will commence in the next week or so.

Arrangements are also well advanced to issue payments in respect of 2011 and I expect that these payments will commence in November.

Éamon Ó Cuív

Question:

482 Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the reason there is a delay in digitising maps for a person (details supplied) in County Galway; the steps he proposes to take to rectify this issue in view of the fact that the processing of an agri-environment option scheme application is being delayed as a result; and if he will make a statement on the matter. [31150/11]

The person named was approved for participation in the Agri-Environment Options Scheme with effect from 1st November 2010.

Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. Subsequent to submitting his application to participate in the scheme, the person named submitted an amendment to the areas applied for under AEOS which required the re-digitisation of land parcels. However, he did not submit the map which is required setting out the situation. My Department has now requested the person named to submit a map and, when it is received, will proceed with the re-digitisation and the processing of payment as quickly as possible.

Suckler Cow Quota

Éamon Ó Cuív

Question:

483 Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine when a response will issue to an appeal lodged (details supplied); and if he will make a statement on the matter. [31151/11]

The person named registered four animals under 2008, seven animals under the 2009 and nine animals under the 2010 Suckler Welfare Scheme. During the course of processing the case errors were encountered in the case of calves born in each of the three years.

Letters were issued on 17 August 2009, and 16 June 2011 respectively in respect of the 2008 and 2009 born calves. My Department has received no reply from the applicant. In addition, the applicant did not register any of the measures required under the Terms and Conditions in respect of the 2010 born calves.

The person named did not attend the mandatory training course associated with the Scheme and, therefore, the person named was excluded from the Scheme with effect from 2010 as he did not meet one of the primary requirements under the Terms and Conditions of the Suckler Cow Welfare Scheme.

Grant Payments

Jim Daly

Question:

484 Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine the position regarding a final sheep payment to be paid to a person (details supplied) in County Cork; and if he will make a statement on the matter. [31177/11]

An official of my Department has been in direct contact with the person named, who indicated that he has had no sheep since 2008. He has been advised that he is, therefore, ineligible under the Grassland Sheep Scheme.

Registration of Title

Bernard J. Durkan

Question:

485 Deputy Bernard J. Durkan asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 215 of 13 October 2011, if he accepts the authenticity of a Land Registry sealed and certified copy of a folio which indicates the ownership of the property; when the DVO became aware of the existence of a dispute; if he will indicate the basis on which it was concluded that a dispute can directly affect the ownership of a property that is correctly registered in the name of an individual; if it is being asserted that probate purporting to encompass the estate inclusive of the lands is deemed to be the appropriate benchmark as opposed to certification of the ownership of the lands; if he is asserting that a will and/or grant of probate arising equates with the existence of a duly certified document regarding the ownership of the lands as distinct from the estate; and if he will make a statement on the matter. [31194/11]

As has been previously indicated to the Deputy, a herdnumber is an administrative arrangement under the Disease Eradication Schemes and does not denote ownership of stock or lands. Accordingly, ownership of land is not the primary concern in relation to registration as a herdowner under the Disease Eradication programme.

My Department is aware that, in the case in question, in February 2011, the Cork Circuit Court ordered that lands that were formerly owned by the original herdowner and transferred to a daughter now be divided between a son and a daughter. My Department is aware that this decision is being appealed to the High Court. In the circumstances, it is not intended to take any action in relation to the registration of the herdowner until the issue of ownership is resolved.

Grant Payments

Paul Connaughton

Question:

486 Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Galway will receive an area-based payment; the reason for the delay; and if he will make a statement on the matter. [31215/11]

An application under the 2011 Disadvantaged Areas Scheme was received from the person named on 13 May 2011. On processing the application over-claims were identified on two of the parcels declared by the applicant. These issues were resolved and payment issued to the applicant on 21 October 2011.

Paul Connaughton

Question:

487 Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine when a person (details supplied) will receive a disadvantaged area payment and a single farm payment, which are being delayed due to digitisation of two small parcels of land; and if he will make a statement on the matter. [31216/11]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 11th April 2011.

This application was selected for and was the subject of a Ground Eligibility/Cross Compliance Inspection.

This inspection was completed and the results are now being processed.

In the vast majority of inspected cases amendments have had to be made to the maps in order that the Land Parcel Identification System that is used for making payments to farmers is kept up-to-date. Processing of these changes is continuing and priority is given to applications who were the subject of a Ground Eligibility Inspection.

Pat Breen

Question:

488 Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when payment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [31288/11]

An application under the 2011 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 10 May 2011. Final processing of the application has recently been completed and payments under both Schemes issued on 21 October 2011.

Disadvantaged Areas Scheme

Pat Breen

Question:

489 Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine when disadvantaged area payment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [31289/11]

The person named was recently assigned ownership of the herd-number.

The Single Payment entitlements have been transferred to the person named by way of inheritance and payments arising from the Single Payment Scheme and the Disadvantaged Areas Scheme will issue in the near future.

Forestry Sector

Joe Carey

Question:

490 Deputy Joe Carey asked the Minister for Agriculture, Food and the Marine the steps whereby an applicant can change a forester or forestry company subsequent to the grant of technical approval without resubmitting the original application; and if he will make a statement on the matter. [31313/11]

An applicant with technical approval to plant must submit a new application if they wish to change their registered forester. Applications under the Afforestation Scheme include an assessment of the site by the registered forester both from an environmental and silvicultural perspective, together with his/her operational proposals for the planting of the site. The registered forester must, inter alia, declare that the application meets the Scheme conditions and that the proposal is in compliance with the necessary protocols, procedures, silvicultural and other standards as prescribed by the Department.

Suckler Cow Quota

Seamus Kirk

Question:

491 Deputy Seamus Kirk asked the Minister for Agriculture, Food and the Marine his plans to reverse the decreasing number of suckler cows in the national herd; and if he will make a statement on the matter. [31320/11]

The size of the overall national herd and its various components is primarily a function of market forces; the allocation of economic resources is underpinned by the relationship between supply and demand with price and, ultimately, profitability reflecting the interaction of these factors. The operation of these dynamics is clearly illustrated in the current market situation at domestic level.

The latest analysis of the national and international beef markets undertaken by Bord Bia indicates that Irish beef production in 2011 is expected to fall by about 8% on 2010 levels because of the strong live export trade and lower calf registrations in recent years. To date this year, cattle supplies at meat plants are over 4% or some 54,000 head lower than in 2010. As a result, average carcase prices for cattle to date this year are between 15% and 18% higher than for last year depending on the category and quality of the animal.

It must be acknowledged that the Government has already channelled significant funding to the suckler cow sector. Payments to farmers by my Department under the Suckler Cow Welfare Scheme amounted to €113.5m since its introduction. Approximately €20.5m has been paid through the scheme in respect of animals born in 2010 and, depending on the number of successful applicants, this figure could potentially reach €25m by the end of the year.

Furthermore, my Department and its agencies engage in a range of activities that provide a sound framework for the future development of the beef sector. These include the advisory and research output of Teagasc, Bord Bia's Quality Assurance Scheme and its promotional work in expanding beef sales at home and abroad together with the Beef and Sheepmeat Capital Investment Fund for the processing industry. My Department also makes a significant contribution to the Irish Cattle Breeding Federation which plays a critical role in improving genetic quality in the suckler herd. In addition, my Department is continuing its efforts to facilitate market access for Irish beef in a range of third countries that can offer alternative outlets to exporters along with real potential for expansion. All these investments and services serve to underpin the suckler cow herd.

While the increased output value of stock is welcome news for producers, I recognise that direct supports under the Common Agricultural Policy (CAP) are crucial to the future of the livestock sector and I have repeatedly stated my commitment to protecting the level of supports available to farmers under the CAP post-2013 regime. In this regard, I will use my best endeavours to shield and defend Irish agriculture generally, including suckler cow production, in the forthcoming negotiations on the CAP reform proposals.

Live Imports

Seamus Kirk

Question:

492 Deputy Seamus Kirk asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the number of calves being imported from Romania and other areas; if he is satisfied with the veterinary health check arrangement for same; and if he will make a statement on the matter. [31321/11]

Under Single Market rules Member States are precluded from interfering with free trade in animals except on animal health grounds and all animals moving in intra community trade must be certified as complying with EU animal health requirements. In the case of bovines, this means that they must be certified as free from TB/Brucellosis and EBL in accordance with Community legislation as appropriate. In addition, all ruminants imported to Ireland from beyond the UK must be certified as compliant with Community Bluetongue provisions. As an additional precaution, my Department continues to test all ruminants imported for BT, which exceeds the provisions of Community BT legislation.

As a further precaution, all cattle (including calves entering the State from areas other than Northern Ireland) are subjected to a precautionary treatment against Warble Fly by my Department within days of import.

I am aware that some 2,500 calves were imported into Ireland in the three months between 1 July and 30 September and my Department is fully aware of the need for continual vigilance in maintaining the highest level of disease free status in Ireland. The importer also has a critical role in ensuring that no diseases are introduced to Ireland that might jeopardise the good standing of Ireland the Food Island.

Departmental Agencies

Mary Lou McDonald

Question:

493 Deputy Mary Lou McDonald asked the Minister for Agriculture, Food and the Marine if he will provide a list of all commercial semi-State companies under his aegis. [31386/11]

The commercial State Sponsored Bodies that fall under the aegis of my Department are listed in a table.

State Body

Bord na gCon

Coillte

Horse Racing Ireland

Irish National Stud

Suckler Cow Quota

Jim Daly

Question:

494 Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine the position regarding a suckler welfare scheme in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [31405/11]

The person named registered twenty eight animals under the 2010 Suckler Welfare Scheme.

Payment has already issued for eleven of the animals and a further one has been approved for payment, which will issue in the near future. Information is outstanding for four animals and these cannot be further processed until this information has been received and found to be in order. The twenty eight animals included a set of twins. Under the Terms and Conditions of the Scheme payment will only be made for one of the twins.

The remaining eleven animals have been rejected from the scheme for non-compliance with the Terms and Conditions of the Scheme. The person named was informed and also advised his right to seek a review of the decision. Following this review, the decision was upheld and the applicant was notified in writing of the outcome of the review on 17 October 2011. It is open to the applicant to appeal the decision to the Agriculture Appeals Unit.

Milk Quota

Michael Creed

Question:

495 Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine the way under the milk quota trading scheme, quota is distributed to the four priority categories; the number of applications from these four priority categories received under the recent trading scheme; and if he will make a statement on the matter. [31408/11]

Milk quota allocations from the priority pool to the priority categories are effected in the following order of preference:

1. Successors

2. Producers with "Lost Lease" Entitlements.

3. New and Recent Entrants to Dairying Under 35 Years.

4. Category 1 Producers/New and Recent Entrants to Dairying over 35 Years.

The following extracts from the detailed rules of the Milk Quota Trading Scheme explain the process of quota allocation through the priority categories:

1. Successors

First priority for the allocation of surrendered quota is granted to a son, daughter, nephew or niece of

(i) a person who was no longer entitled to temporary lease his/her quota in accordance with Regulation 27 of S.I. No. 94 of 2000, as amended, and who sold his/her quota under the 2000, 2001 or the 2002 Milk Quota Restructuring Scheme,

OR

(ii) a person who sold his/her quota under the 2003-2006 Milk Quota Restructuring Schemes, or the 2007/2008, 2008/2009 or 2009/2010 Trading Scheme.

2. Producers With "Lost Lease" Entitlements

The remaining quota after allocation in accordance with 1 above is available for allocation to producers who had taken out a land and quota lease before 1 April 2000, which has expired. The net entitlement to quota is based on the following criteria:

Producers whose land and quota leases expired on 31 March 2011 and/or expired on 31 March 2010, or earlier, on the following basis:

(a) 2/3 of milk quota leased with land where the lease expired on 31 March, 2011 and which has not been or will not be renewed,

and/or

(b) 1/3 of milk quota leased with land where the lease expired on 31 March 2010 and where permanent allocations from previous Restructuring or Trading Schemes have not satisfied the full entitlement arising from the lease,

and/or

(c) any previous entitlements arising from land and quota leases that expired on 31 March 2009, or earlier and which have not already been satisfied by permanent allocations under previous Restructuring or Trading Schemes.

The quota remaining in the Priority Pool after the allocation of quota in accordance with 1 and 2 above is allocated on a distribution ratio of 3:2 between:

3. New And Recent Entrants To Dairying Under 35 Years Of Age on 31st March 2012 (including those who have obtained quota from the Scheme for New Entrants to Dairying but who have not yet commenced production).

4. Category 1 Producers/New And Recent Entrants To Dairying Over 35 Years of age on 31st March 2012 (including those who have obtained quota from the Scheme for New Entrants to Dairying but who have not yet commenced production).

Category 1 Producers are defined as existing producers whose total permanent quota does not exceed 350,000 litres.

Access to quota from the priority pool for categories 3 and 4 expires when the applicant's total permanent quota reaches 350,000 litres.

The processing of applications is on-going; therefore I am not yet in a position to comment on the numbers of applications received in the four priority categories for this stage of the Trading Scheme. I intend to announce the results of the scheme in early December and the figures will be available at that time.

Grant Payments

Tom Hayes

Question:

496 Deputy Tom Hayes asked the Minister for Agriculture, Food and the Marine his plans to reduce forestry premiums in budget 2012. [31412/11]

Funding for forestry in 2012 is, like every other item in my Department's budget, subject to the outcome of the Comprehensive Review of Expenditure and will be determined in the context of ongoing discussions on the framing of the 2012 Budget. I am committed however to achieving the highest possible level of funding for forestry, to ensure a sustainable and viable industry.

Paul Connaughton

Question:

497 Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Galway has not received an area-based payment; when same will issue; and if he will make a statement on the matter. [31413/11]

An application under the 2011 Disadvantaged Areas Scheme was received from the person named on 16 May 2011, processing of which is now complete, thereby allowing payment to issue to the applicant on 17 October.

Paul Connaughton

Question:

498 Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Galway has not received an area-based payment; when payment will issue; and if he will make a statement on the matter. [31414/11]

An application under the 2011 Disadvantaged Areas Scheme was received from the person named on 15 April 2011, processing of which is now complete, thereby allowing payment to the person named on 21 October.

Fur Farming

Aodhán Ó Ríordáin

Question:

499 Deputy Aodhán Ó Ríordáin asked the Minister for Agriculture, Food and the Marine if he will reaffirm his commitment to end fur farming; if the animal health and welfare Bill will deal with this issue; and if he will make a statement on the matter. [31418/11]

It is my intention to publish an Animal Health & Welfare Bill this year. However, as the Deputy will be aware the Bill is a complex one and will require extensive work in conjunction with the Office of the Parliamentary Counsel to complete the required legal drafting. Once a complete draft is available I intend to publish the Bill. The issue of fur farming is being examined in the context of the ongoing drafting of the Bill. I have also established a group within my Department to review all aspects in relation to fur farming and I anticipate that their review will be completed in the near future.

Disadvantaged Areas Scheme

John O'Mahony

Question:

500 Deputy John O’Mahony asked the Minister for Agriculture, Food and the Marine the number of farmers who receive disadvantaged area aid payment in County Mayo; the number of farmers who have received their payment to date; and if he will make a statement on the matter. [31442/11]

Given that payments under the 2011 Disadvantaged Areas Scheme only commenced on 22 September and, to date, payments worth in excess of €185 million have issued to 84,134 farmers nationally, representing 84% of those who applied, it can readily be seen that there are no delays in the issuing of these payments.

Specifically with regard to Mayo, the details are set out in a table:

Applicants

Numbers paid

% paid

Value

Mayo

11,665

9,973

85.50%

€21,098,197

Payments continue to issue, on a twice-weekly basis, as individual cases are confirmed eligible for payment. It should be borne in mind that the number of applicants under the Scheme is determined by the classification of the land declared; however, as there are annually some 5,000 applicants with eligible land who do not satisfy the minimum stocking density requirement (0.15 livestock units per forage hectare), the payable number, both nationally and per county, will inevitably ultimately be somewhat lower than the figures for number of applicants quoted above.

John O'Mahony

Question:

501 Deputy John O’Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive a disadvantaged area aid payment; and if he will make a statement on the matter. [31444/11]

An application under the 2011 Disadvantaged Areas Scheme was received from the person named on 26 April 2011, processing of which is now complete, thereby allowing payment to issue to the applicant on 21 October.

John O'Mahony

Question:

502 Deputy John O’Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive their disadvantaged area aid payment; and if he will make a statement on the matter. [31446/11]

An application under the 2011 Disadvantaged Areas Scheme was received from the person named on 5 May 2011, processing of which is now complete, thereby allowing payment to the applicant on 21 October.

Direct Payment Schemes

Patrick O'Donovan

Question:

503 Deputy Patrick O’Donovan asked the Minister for Agriculture, Food and the Marine if he received an application under the single payment scheme in 2006 or 2007 from a person (details supplied) in County Limerick; the decision that was made on any application received in those two years; and if he will make a statement on the matter. [31451/11]

The person named submitted an application for consideration of an allocation of entitlements under the New Entrant category of the 2007 National Reserve. This category catered for farmers who commenced farming after 31 December 2002. Applicants were required to submit an application under the 2007 Single Payment Scheme in order to be considered for an allocation of entitlements from the National Reserve. The person named did not submit an application form under the 2007 Single Payment Scheme and therefore was deemed ineligible. A letter outlining this decision issued to the person named on 27 May 2008 and he was given an opportunity to appeal. No appeal was received regarding this case.

In addition the person named submitted an application under the New Entrant category of 2011 National Reserve. This category caters for farmers who commenced farming after 15 May 2009. The application for the person named was deemed ineligible as he commenced farming prior to 15 May 2009. The person named was notified in writing of this decision on the 14th October, 2011 and was given an opportunity to appeal.

An appeal was received on 21 October 2011 and it has been forwarded to the Independent Single Payment Appeals Unit who will carry out a review of my Department's decision and will correspond directly with the person named.

Disadvantaged Areas Scheme

Caoimhghín Ó Caoláin

Question:

504 Deputy Caoimhghín Ó Caoláin asked the Minister for Agriculture, Food and the Marine the reason disadvantaged area payment has not issued in respect of the year 2010 to a person (details supplied) in view of the fact that payment has issued relating to 2011; and if he will make a statement on the matter. [31472/11]

An application under the 2010 Disadvantaged Area Scheme was received from the person named on 17 May 2010 following processing of which a dual claim was identified in respect of one land parcel declared by the person named. My Department has written to both parties involved and is awaiting clarification regarding the matter and, on receipt of a satisfactory reply, the application will be further processed with a view to appropriate payment issuing at an early date thereafter.

Grant Payments

Brendan Griffin

Question:

505 Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when payment will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [31475/11]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 14th April 2011.

This application was selected for and was the subject of a Ground Eligibility/Cross Compliance Inspection.

This inspection was completed and the results have now been processed. Payment under the Disadvantaged Area Scheme and a 50% advance payment under the Single Payment Scheme will issue without delay. The balancing payment under the Single Payment Scheme will issue in December.

Michael Healy-Rae

Question:

506 Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) has not received REP scheme or single farm payment or headage; and if he will make a statement on the matter. [31484/11]

The person named was approved for participation in the Agri-Environment Options Scheme with effect from 1st November 2010.

Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. During these checks a query arose in relation to the re-digitisation of land parcels for AEOS purposes. This particular problem has now been addressed with a view to issuing payment as quickly as possible.

An application under the 2011 Single Payment Scheme was received from the person named on 12 May 2011. A number of the land parcels listed on the application required digitisation on to my Department's Land Parcel Identification System which is now complete. Disadvantaged Area Scheme and Single Payments Scheme payments will issue shortly.

Michael Healy-Rae

Question:

507 Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine when payments will issue to a person (details supplied) in County Kerry. [31494/11]

An application under the 2011 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 16 May 2011. On processing the application one of the parcels declared by the applicant was found to be overlapping with a parcel claimed by another applicant and both parties were written to in this regard. While the reply received on 19 October 2011 resolved the issue concerning the overlap, a further over claim was identified following the clarification provided by the person named. The person named was written to on 21 October 2011 in this regard and when a reply is received it will be given prompt attention by my Department.

Departmental Expenditure

Billy Kelleher

Question:

508 Deputy Billy Kelleher asked the Minister for Agriculture, Food and the Marine the total expenditure in 2010 on ICT, including staff costs, support and maintenance services, hardware, software, and external resources, including consultancies, contractors and service providers; and all agencies under the aegis of his Department. [31511/11]

The total IT expenditure for my Department in 2010 (including staff costs, support and maintenance services, external support etc.) was circa €27,200,000.

My Department provides a robust and resilient ICT infrastructure to customers, staff, agents and partners including shared service offerings to state agencies and other Government Departments. The ICT operations within my Department are a fundamental part of the payment systems for the Single Payment, REPS and other systems. The ICT system is also a key element of our animal health and animal traceability systems which are crucial to our ability to export. In addition it also supports a wide range of modern and efficient IT systems that underpin the Department's critical business processes. Savings are achieved on an ongoing basis by leveraging maximum value from existing investments, negotiating reductions on contracts and software licences, and careful management of external resources for software development.

As part of the Croke Park Agreement, a minimum of 5% saving in IT expenditure will be achieved in each year from 2012 to 2014. In relation to agencies under the aegis of my Department, the budgets and procedures in place for the purchasing of IT equipment for each State agency is an operational matter for the agencies themselves.

In order to provide the Government with a comprehensive set of decision options to meet the funding constraints in the National Recovery Plan, 2012-2014, the Department has carried out a comprehensive review of both current and capital expenditure. This Review which covers all areas of the Department's activities will be considered as part of the overall pre-budget deliberations and the 2012 Estimates process of the Government.

Pigmeat Sector

Michael Healy-Rae

Question:

509 Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his plans to ensure the survival here of the pig industry; and if he will make a statement on the matter. [31527/11]

The pig industry is a valuable component of the overall agri-food sector, and has a farm gate value in excess of €300 million. The sector supports approximately 7,000 jobs including production, slaughter, processing, feed manufacture and services and these are dispersed around the country. Production, prices and exports grew significantly during 2010 and the impact of this growth was felt at all levels of the production cycle. Prices during 2011 have remained higher than in both of the previous years and currently stand at €145.94/100 kg, some 9.2% ahead annually, while production has increased by over 8%.

Exports for the first six months of 2011 reached almost 84,000 tonnes, an increase of 23% compared to the same period in 2010. The value of this trade, at some €196 million is 18% ahead year on year. All markets have registered an increase with trade outside of the EU more than doubling.

While there has been a significant increase in prices and export volumes in 2011, high feed costs, most notably cereals and compound feed remain an issue. Pig producers are especially affected by the increase in cereal prices since June 2009, given that cereals account for 75% of feed.

Prices of pigmeat and of course feed are ultimately determined by demand and supply considerations. For my part, I will continue to press the European Commission to make use of all the available market supports when circumstances require it, to ameliorate the worst effects of price volatility. Indeed the Aids to Private Storage Scheme introduced for pigmeat earlier this year played a significant role in putting a floor under pigmeat prices at that time.

From a National perspective, the ‘ Food Harvest 2020 Report’, which was published in July 2010, sets out the vision for the future of the food industry including the pig sector. The Report targets a 50% increase in the value of output by 2020. This is a target set by the industry for itself. I am personally chairing a High Level Group to ensure that the steps necessary to facilitate the development of the sector are taken. My Department and its agencies will, along with industry, play a central role in this regard.

For example Teagasc, through its Moorpark pig research facility, the provision of FETAC courses in pig production and benchmarking pig herd performance, plays a critically important role in improving productive capacity at farm level.

In so far as international trade in Irish pigmeat is concerned, I have been extremely active in developing relationships in new and expanding markets in order to build the kind of confidence in Irish production and control systems that provide a platform for long term trading relationships in the future. As part of that effort, I hosted a visit from the Chinese Vice-Minister for Agriculture earlier this year, and signed a mutual co-operation agreement in the agri-food sector. In addition, my Department has this year hosted inspection visits from Australia, the Philippines, South Korea and China, with a view to opening new markets and expanding the presence of Irish pigmeat in existing markets. And of course Bord Bia continues, through its marketing and promotional activities, and through the pigmeat quality assurance scheme, to consolidate the position of Irish pigmeat on the domestic market and to expand its presence on EU and third country markets.

I can assure the Deputy that my Department and its agencies will continue to work closely with the industry to ensure that it can continue to develop and grow in accordance with the targets in the Food Harvest 2020 Report.

Grant Payments

Michael Moynihan

Question:

510 Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine the reason for the delay in issuing the payments for the disadvantaged area scheme and the single payment scheme to a person (details supplied) in County Cork; and when payments will issue. [31546/11]

An application under the 2011 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 3 May 2011, processing of which was recently completed, thereby allowing the 50% advance of the Single Payment to issue on 17 October and payment under the Disadvantaged Areas Scheme to issue on 21 October.

Brendan Griffin

Question:

511 Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when REP scheme 4 payment will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [31548/11]

The person named commenced REPS 4 in February 2009 and received full payment for the first year of their contract. In addition, 75% of the second year payment issued on 7th April 2011 for the amount of €8,467.90.

An area based discrepancy was subsequently discovered following a cross check between the SPS application for 2010 from the person named and the REPS agri-environmental plan which has resulted in the imposition of a penalty and a delay in processing the final 25% payment under REPS 4 for 2010. My Department is currently making arrangements to process the outstanding 25% payments to farmers in instances where penalties have been imposed. The outstanding payments will commence in the next week or so.

Arrangements are also well advanced to issue payments in respect of 2011 and I expect that these payments will commence in November.

John O'Mahony

Question:

512 Deputy John O’Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive disadvantaged area aid payment; and if he will make a statement on the matter. [31555/11]

John O'Mahony

Question:

513 Deputy John O’Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive single farm payment; and if he will make a statement on the matter. [31556/11]

I propose to take Questions Nos. 512 and 513 together.

An application under the 2011 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 31 March 2011, processing of which has recently been completed, thereby allowing payment under both Schemes to issue shortly.

Afforestation Programme

Tom Fleming

Question:

514 Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine if he will consider reintroducing the reforestation grants; and if he will make a statement on the matter. [31558/11]

The Reforestation Scheme was limited in scope and provided grants to enable private landowners to replant where a non-commercial crop of trees had been felled. It was not available in instances where a commercial crop of timber had been felled. Very few applications were received under the scheme in the years prior to its cessation.

I have no plans to reintroduce reforestation grants at this time.

Adoption Services

Billy Kelleher

Question:

515 Deputy Billy Kelleher asked the Minister for Children and Youth Affairs the waiting time for the release of adoption documentation to adoptees in the Cork area; and if she will make a statement on the matter. [31379/11]

Billy Kelleher

Question:

516 Deputy Billy Kelleher asked the Minister for Children and Youth Affairs if she will investigate the case of an adoptee (details supplied) who is still waiting on the release of documentation; and if she will make a statement on the matter. [31380/11]

Ciaran Lynch

Question:

517 Deputy Ciarán Lynch asked the Minister for Children and Youth Affairs the way and where a person may access medical records relevant to a period spent in an institution (details supplied) prior to adoption; and if she will make a statement on the matter. [31419/11]

John McGuinness

Question:

527 Deputy John McGuinness asked the Minister for Children and Youth Affairs if the adoption files are now available from Bessborough and the Health Service Executive; if adoptees have been granted access to the files; if there is a delay in granting access; and if so, the action being taken by the HSE to speed up this process; and if she will make a statement on the matter. [31482/11]

I propose to take Questions Nos. 515 to 517, inclusive, and 527 together.

Following talks with the HSE, the Sacred Heart Order and officials from my Department, the HSE agreed to take responsibility for the adoption files of the Sacred Heart Adoption Society located in Bessborough, Blackrock, Co. Cork. In announcing this, the HSE stated that as and from the 1st of August 2011, the HSE Adoption Service has agreed to take over the management of the adoption files. Issues in relation to accessing these files, including issues of waiting times and access to medical records, should be directed to the HSE Regional Adoption Service, St. Stephens Hospital, Glanmire, Co. Cork.

Olivia Mitchell

Question:

518 Deputy Olivia Mitchell asked the Minister for Children and Youth Affairs if she will ensure that funding for bodies facilitating adoption be channelled by the Health Service Executive to accredited adoption services and particularly to the Arc Adoption service as the only accredited inter-country adoption service; and if she will make a statement on the matter. [30761/11]

Under the Adoption Act, 2010, only accredited agencies can provide adoption services. My Department does not have a dedicated funding stream in relation to accredited agencies providing adoption services. The allocation of HSE funding is a matter for the Executive.

Departmental Agencies

Mary Lou McDonald

Question:

519 Deputy Mary Lou McDonald asked the Minister for Children and Youth Affairs if she will provide a list of all non-commercial State agencies under the aegis of her Department. [30778/11]

Mary Lou McDonald

Question:

520 Deputy Mary Lou McDonald asked the Minister for Children and Youth Affairs if all non-commercial State agency employees under her Department’s aegis are paid directly from the Exchequer. [30883/11]

I propose to take Questions Nos. 519 and 520 together.

The table below sets out the list of non-commercial agencies that come under the aegis of my Department. They are all funded by the Exchequer.

Agency

Family Support Agency

Adoption Authority of Ireland

Office of the Ombudsman for Children

National Education and Welfare Board

Departmental Expenditure

Anne Ferris

Question:

521 Deputy Anne Ferris asked the Minister for Children and Youth Affairs if she will provide details for the years 2006 to 2011, inclusive, of the arrangements entered into by her, any body under her aegis or State agency for which she has responsibility, for the obtaining of advice from a senior or junior counsel and or a firm of solicitors; the subject matter for which advice was sought; the names of the barristers and solicitors' firms concerned and the fees paid; the nature of the work concerned; if in each case the matter was advertised for competitive tender and if not, the reason; and if she will make a statement on the matter. [30963/11]

My Department was formally established on 2nd June 2011 and to date it has incurred no expenditure obtaining legal advice.

With regard to agencies under the remit of my Department, payment for legal services is an operational matter for the agencies themselves and such information is not held by my Department.

Constitutional Amendments

Timmy Dooley

Question:

522 Deputy Timmy Dooley asked the Minister for Children and Youth Affairs when she plans to hold a referendum on the substantive issue relating to the rights of the child; and if she will make a statement on the matter. [31012/11]

The Programme for Government 2011 states that the Referendum on Children's Rights is a priority, and that the wording of the proposed referendum will be along the lines of that proposed by the All-Party Joint Committee on the Constitutional Amendment on Children.

Since taking office, both myself and staff of the Department of Children and Youth Affairs have had a number of meetings with the Attorney General to progress this commitment. Work on the wording of the referendum is ongoing, focusing on ensuring that the proposed Referendum reflects the deliberations and conclusions of the Joint Committee and the commitment of the Programme for Government. It is my intention to seek approval from Government for the proposed wording, with a view to holding the referendum next year.

Departmental Expenditure

Mary Lou McDonald

Question:

523 Deputy Mary Lou McDonald asked the Minister for Children and Youth Affairs the annual cost of the licensed payroll system, CorePay, to her Department. [31052/11]

The Deputy might wish to note that the Department of Health is providing a shared financial service to my Department and any costs associated with the running and operation of the payroll system are being met directly by that Department.

Youth Services

Aengus Ó Snodaigh

Question:

524 Deputy Aengus Ó Snodaigh asked the Minister for Children and Youth Affairs if her attention has been drawn to the impact that the City of Dublin Youth Service Board funding cuts over the past four years have had on a youth centre (details supplied); the steps she will take to secure funding at least at the current level for next year; and if she will take steps to reverse the recent cuts to ensure this vital community resource can continue delivering quality services. [31089/11]

The Youth Affairs Unit of my Department supports the delivery of a range of youth work programmes and services for all young people, including those from disadvantaged communities, by the voluntary youth sector. In particular, the Youth Affairs Unit provides targeted supports to disadvantaged, marginalised and at risk young people through the Special Projects for Youth Scheme, the Young Peoples Facilities and Services Fund Rounds 1 and 2 and Local Drugs Task Force Projects.

The Youth Centre referred to by the Deputy is currently in receipt of funding under the Young People's Facilities and Services Fund (Rounds 1 and 2) and the 2011 allocation to the Centre is €248,247. Funding is administered to the Youth Centre by the City of Dublin Youth Service Board (CDYSB)

In determining allocations to initiatives and schemes in 2011 my Department has made every effort to minimise the impact of the reduction in the Youth Affairs budget on front line youth work services. In light of continuing budgetary constraints, the Youth Affairs budget in 2012 will again require careful management with a focus on prioritising existing youth service provision and protecting jobs and pay in so far as is possible. Officials from my Department are in contact with representatives of the youth sector, including the City of Dublin Youth Service Board, on an ongoing basis to ascertain the sector's views on how best to minimise the impact of these budgetary constraints. Every effort will be made to notify the various youth work organisations and administering agencies, in this instance, CDYSB, of their 2012 allocations as speedily as possible.

Dominic Hannigan

Question:

525 Deputy Dominic Hannigan asked the Minister for Children and Youth Affairs the grants provided to organisations under the youth service general scheme and the special projects for youth scheme for groups in County Meath; and if she will make a statement on the matter. [31290/11]

The Youth Affairs Unit of my Department supports the delivery of a range of youth work programmes and services for all young people including those from disadvantaged communities. This support includes financial assistance for national and major regional youth work organisations under the Youth Service Grant Scheme (YSGS) and targeted youth work responses for young people through the Special Projects for Youth Scheme (SPY).

Through the Youth Service Grant Scheme, grant-in-aid funding is provided on an annual basis to 31 voluntary national and regional youth work organisations. These organisations provide universal youth work opportunities for young people aged between 10 and 21 that are educational and elective, structured and systematic and which aim to improve young people's life chances and experiences. Funding is provided to the national structures of these organisations to support work with young people at regional and local level. In particular, organisations such as Ógras, the Irish Girl Guides, Foróige and Youth Work Ireland are active in the Co. Meath area.

In addition under the Special Projects for Youth Scheme, my Department provides funding to Meath Youth Together on an annual basis. In 2011, a grant of €106,506 has been allocated to this Navan-based project which is affiliated to Youth Work Ireland. This project provides a range of programmes services for some 7,000 young people on an annual basis. Programmes and services include the "Meet and Eat Youth Café" lunchtime and evening service, the Youth Health Information and Support service, the "TeenBetween" Support service and youth club development support.

Departmental Agencies

Mary Lou McDonald

Question:

526 Deputy Mary Lou McDonald asked the Minister for Children and Youth Affairs if she will provide a list of all commercial semi-State companies under her aegis. [31388/11]

There are no commercial semi-State companies under the aegis of my Department.

Question No. 527 answered with Question No. 515.

Departmental Bodies

Dara Calleary

Question:

528 Deputy Dara Calleary asked the Minister for Health if the Health Information and Quality Authority applied to the Department of Finance for approval to appoint investigating officers and a regional director during the period 1 January 2010 to 31 December 2010, in view of the fact that there was a recruitment embargo in place. [30868/11]

The role and responsibilities of the Health Information and Quality Authority (HIQA) have increased in recent years and its financial allocation and staffing compliment have increased accordingly. The Health Sector (Non Commercial State Agencies) Employment Control Framework 2011-2014 provides for exemptions for professional and technical grades involved in essential frontline inspection and welfare services subject to the approval of my Department. My Department is in regular contact with HIQA in relation to its resource requirements and I can confirm that applications for a number of such posts were received and approved during 2010. In addition, HIQA may from time to time, apply for approval to appoint Authorised Officers under Section 70 of the Health Act 2007 to assist the Authority in carrying out an investigation. These appointments are generally of short duration and terminate once the investigation is completed.

Departmental Expenditure

Michael Healy-Rae

Question:

529 Deputy Michael Healy-Rae asked the Minister for Health if the findings of the value for money report due at the end of this month will in fact prompt more investment when value is identified and divestment when it is not (details supplied). [30902/11]

As indicated by the Deputy, the funding of disability services by the Department of Health is the subject of a detailed Value for Money and Policy Review as part of the Government's Value for Money Reviews for the period 2009 to 2011.

As part of the overall VFM review, a separate Expert Reference Group on Disability Policy was established to look specifically at existing disability policy and whether it needs to be changed to better meet the expectations and objectives of people with disabilities. As part of this review, a public consultation process on existing disability services was also undertaken which confirmed that people with disabilities and their families, more than anything else, are looking for more choice in the services they receive and more control over how they access them.

The report proposes a very significant reframing of disability services towards a model of individualised supports, underpinned by mainstreaming of all public services. On this basis, State funding would be allocated based on an independent assessment of individual needs. Following the needs assessments, individual support plans would then be drawn up and individualised budgets allocated from which the supports and services needed would be purchased.

A number of mechanisms are proposed to achieve this, including a broker system where the person, or his/her family, has the choice and control but the broker administers the budget and commissions supports and services on their behalf, or direct payments where the person or family manages the budget and purchases the supports themselves. This process should, over time, result in a rebalancing of resources from the services which are less effective to services which support the achievement of quality outcomes within a value for money framework.

The Expert Reference Group's Report has now been released for the public and interested parties to have their say and I would encourage all those with an interest in this area to make their views on the future direction of disability services known.

The VFM exercise is due to be completed by year end and it is then my intention in conjunction with Minister Reilly to ensure that proposals for the future of our disability services are brought to Government.

Health Services

John McGuinness

Question:

530 Deputy John McGuinness asked the Minister for Health if mobility allowance will be paid to a person (details supplied) in County Kilkenny. [31483/11]

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

Action Against Tobacco Industry

Damien English

Question:

531 Deputy Damien English asked the Minister for Health if his attention has been drawn to the fact that the Australian Government has introduced legislation requiring plain or generic packaging for cigarettes from 1 July 2012; if he is considering introducing plain packaging on cigarettes here; if he or the tobacco policy review group have sought legal advice on whether such legislation would be permissible here in the context of domestic, European and international intellectual property and trade law; and if he will make a statement on the matter. [30729/11]

I previously indicated to the House in May that I am aware that the Australian Government has initiated legislation requiring plain packaging for cigarettes. My Department receives regular updates from the Australian Embassy as to the progress of this legislation, which is currently being debated in the Australian Senate. It should be noted, however, that on June 27 2011, Philip Morris Asia (PMA) initiated legal action against the introduction of this legislation. The company announced that it had served a notice of claim on the Australian Government, stating its intention to pursue legal action over plans to introduce plain packaging in Australia for tobacco products.

With regards to the possibility of introducing plain packaging here in Ireland, I believe it is one of a range of measures under consideration by the Tobacco Policy Review Group (TPRG). I anticipate that the report of the TPRG will be completed in the coming months and I will consider the recommendations therein with a view, thereafter, to bringing the Review outcomes to Government for consideration.

I am also aware that plain packaging is being considered in the context of the possible revision of the Tobacco Products Directive and I await with anticipation the Commission's legislative proposal in this regard which is due in the first half of 2012. The outcome of this forthcoming revision of the Tobacco Products Directive and the outcome of the Australian litigation will further inform future policy in this area.

Damien English

Question:

532 Deputy Damien English asked the Minister for Health when he will introduce the necessary regulations requiring graphic health warnings on cigarette packets as provided for in the Public Health (Tobacco) (Amendment) Act 2011; the allotted time period after the regulation has been signed for industry to comply with the new law; if he will ensure that all deadlines are met; and if he will make a statement on the matter. [30730/11]

Section 5 of the Public Health (Tobacco) (Amendment) Acts 2002-2011 sets out the penalties for those guilty of any offences under the Act including non-compliance with the time-frames which will be set out in the new Regulations.

Damien English

Question:

533 Deputy Damien English asked the Minister for Health when he will introduce the Tobacco Products (Control of Advertising, Sponsorship and Sales promotion) Regulations 2011; if this regulation will set a mandatory pricing level below which cigarette prices cannot be lowered; his views that this mechanism will ensure that cheap tobacco products do not now become available on the Irish market; and if he will make a statement on the matter. [30731/11]

In March 2010, the European Court of Justice ruled that Ireland, by imposing minimum retail prices for cigarettes, was in contravention of Article 9(1) of Council Directive 95/59/EC of 27 November 1995 on taxes other than turnover taxes which affect the consumption of manufactured tobacco. The revised draft Regulations have now been forwarded to the European Commission to ensure that they align the Irish legislation with Article 9(1) of the Directive.

As a consequence of the Court judgement, Ireland can no longer set a mandatory pricing level below which cigarette prices cannot be lowered, as this would be restricting the freedom of industry to make effective use of competitive advantage. However, the regulations do contain a range of measures to ensure that quantitative rebates, which are outside the scope of the Directive and are unrelated to cost differences, are prohibited.

Medical Cards

Seán Ó Fearghaíl

Question:

534 Deputy Seán Ó Fearghaíl asked the Minister for Health if he will expedite an application for 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. [30733/11]

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

Hospital Accommodation

Brendan Griffin

Question:

535 Deputy Brendan Griffin asked the Minister for Health when additional accommodation will be opened at Dingle Community Hospital in County Kerry (details supplied); and if he will make a statement on the matter. [30739/11]

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

Departmental Funding

Aodhán Ó Ríordáin

Question:

536 Deputy Aodhán Ó Ríordáin asked the Minister for Health if he will provide an update on the reduced funding allocated to the Irish Osteoporosis Society; and if he will make a statement on the matter. [30755/11]

Maureen O'Sullivan

Question:

574 Deputy Maureen O’Sullivan asked the Minister for Health the reason there has been a drop in funding in respect of an organisation (details supplied). [31214/11]

Finian McGrath

Question:

582 Deputy Finian McGrath asked the Minister for Health his views on a submission on osteoporosis in Ireland (details supplied). [31315/11]

I propose to take Questions Nos. 536, 574 and 582 together.

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

Health Services

Paul Connaughton

Question:

537 Deputy Paul J. Connaughton asked the Minister for Health when a decision will issue in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [30759/11]

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

Departmental Agencies

Mary Lou McDonald

Question:

538 Deputy Mary Lou McDonald asked the Minister for Health if he will provide a list of all non-commercial State agencies under the aegis of his Department. [30785/11]

Mary Lou McDonald

Question:

549 Deputy Mary Lou McDonald asked the Minister for Health if all non-commercial State agency employees under his Department’s aegis are paid directly from the Exchequer. [30890/11]

I propose to take Questions Nos. 538 and 549 together.

The following table sets out the list of non-commercial agencies that come under the aegis of my Department and specifies whether they are self funding or Exchequer funded (i.e. funded by my Department or the Health Service Executive).

Agency

Exchequer Funded/Self Funding

An Bord Altranais

Self funding

Dental Council

Self funding

Drug Treatment Centre Board

Exchequer funded

Food Safety Authority of Ireland

Exchequer funded

Food Safety Promotions Board

Exchequer funded

Health and Social Care Professional Council

Exchequer funded

Health Information Quality Authority

Exchequer funded

Health Insurance Authority

Self Funding

Health Research Board

Exchequer funded

Irish Blood Transfusion Service

Self Funding

Irish Medicines Board

14% Exchequer funded — 86% Self funding

Medical Council

Self funding

Mental Health Commission

Exchequer funded

National Cancer Registry Board

Exchequer funded

National Council for the Professional Development of Nursing and Midwifery

Exchequer funded

National Paediatric Hospital Development Board

Exchequer funded

National Treatment Purchase Fund

Exchequer funded

Opticians Board

Self funding

Pharmaceutical Society of Ireland

Self funding

Pre-Hospital Emergency Care Council

Exchequer funded

Health Services

Terence Flanagan

Question:

539 Deputy Terence Flanagan asked the Minister for Health his views regarding the re-tendering process in respect of the provision of enhanced home care service; and if he will make a statement on the matter. [30818/11]

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

Medical Cards

Michelle Mulherin

Question:

540 Deputy Michelle Mulherin asked the Minister for Health the position regarding an application for a medical card in respect of a person (details supplied) in County Mayo; if the application will be expedited; and if he will make a statement on the matter. [30821/11]

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

Caoimhghín Ó Caoláin

Question:

541 Deputy Caoimhghín Ó Caoláin asked the Minister for Health the position regarding an appeal on the refusal to extend a medical card application in respect of a person (details supplied) in Dublin 15; and if this will be expedited in view of the fact that the original decision was taken in May 2011 and the lengthy process is causing much stress. [30822/11]

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

Hospital Services

Niall Collins

Question:

542 Deputy Niall Collins asked the Minister for Health if he will sanction an early appointment for an MRI scan at Cork University Hospital in respect of a person (details supplied) in County Cork. [30832/11]

I am determined to address the issues which cause unacceptable delays in patients receiving treatment in our hospitals. In this regard I have established the Special Delivery Unit (SDU), which will work to unblock access to acute services by dramatically improving the flow of patients through the system, and by streamlining waiting lists, including referrals from GPs. The SDU is working closely with its partner agencies — mainly the HSE and the NTPF.

As a priority, public hospitals have been instructed to ensure that, by the end of 2011, they have no patients waiting more than 12 months for treatment. Where they fail to do so, the NTPF will source the necessary treatments elsewhere and an appropriate budgetary adjustment will be made.

As this is a service matter, it has been referred to the HSE for direct reply. Should the patient's general practitioner consider that the patient's condition warrants an earlier appointment, he/she would be in the best position to take the matter up with the consultant and facility involved.

Medical Cards

Niall Collins

Question:

543 Deputy Niall Collins asked the Minister for Health if a medical card will be renewed in respect of a person (details supplied) in County Cork. [30833/11]

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

Health Services

Marcella Corcoran Kennedy

Question:

544 Deputy Marcella Corcoran Kennedy asked the Minister for Health the number of bed units available in facilities (details supplied); the number of beds currently empty in these facilities; the number of patients waiting for beds at these facilities; his plans to utilise the vacant beds; and if he will make a statement on the matter. [30838/11]

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

Departmental Expenditure

Eoghan Murphy

Question:

545 Deputy Eoghan Murphy asked the Minister for Health the steps being made to increase the funding of the National Office for Suicide Prevention. [30846/11]

The Government has prioritised the reform of our mental health services in line with A Vision for Change — the Report of the Expert Group on Mental Health Policy (2006) and Reach Out — the National Strategy for Action on Suicide Prevention 2005-2014. This commitment was clearly shown in the Programme for Government which provides for the ring-fencing of €35 million annually from within the overall health budget to develop community mental health services and to implement Reach Out. This is currently being considered as part of the Estimates process for 2012 and future years. Any increases in funding for the National Office for Suicide Prevention (NOSP) will be decided in this context.

Medical Cards

Jack Wall

Question:

546 Deputy Jack Wall asked the Minister for Health the position regarding an appeal against the decision to grant a doctor only medical card in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [30854/11]

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

General Practitioner Services

Robert Dowds

Question:

547 Deputy Robert Dowds asked the Minister for Health if he will outline the extent to which general practitioners are double or triple jobbing. [30875/11]

Robert Dowds

Question:

548 Deputy Robert Dowds asked the Minister for Health if double or triple jobbing is an issue when general practitioners are concerned; and, if so, his views that such behaviour has a negative impact on the standard of care provided to patients. [30876/11]

I propose to take Questions Nos. 547 and 548 together.

GPs may also be contracted to provide services under other schemes such as the Childhood Immunisation Scheme, the Cervical Screening Programme, the Methadone Treatment Scheme and the Health (Amendment) Act 1996 covering patients with Hepatitis C. The Medical Council is the statutory registration authority for medical practitioners in Ireland. The Council regulates doctors to practise medicine in the State. Its statutory role, as outlined in the Medical Practitioners Act 2007, is to protect the public by promoting and better ensuring high standards of professional conduct and professional education, training and competence among registered medical practitioners. One of the key responsibilities of the Medical Council is the setting of good medical practice, and medical practitioners must demonstrate a commitment to fulfilling professional responsibilities by adhering to the standards specified in the Council's "Guide to Professional Conduct and Ethics for Registered Medical Practitioners". Doctors must always be guided by their primary responsibility to act in the best interests of their patients.

Question No. 549 answered with Question No. 538.

National Treatment Purchase Fund

Bernard J. Durkan

Question:

550 Deputy Bernard J. Durkan asked the Minister for Health the number of patients referred under the National Treatment Purchase Fund; the number treated within this jurisdiction; the number treated outside this jurisdiction; and if he will make a statement on the matter. [30898/11]

The total number of surgical procedures carried out under the National Treatment Purchase Fund (NTPF) to date is 163,315. The NTPF does not normally send patients for treatment outside Ireland. The Fund has, where particular circumstances warranted it, sent a small number of patients abroad for treatment. For example, the Fund has arranged for patients living in border counties to be treated in private facilities in Northern Ireland. Of the 163,315 total surgical procedures carried out over 95% were treated in Ireland, 0.5% were treated in England (2002-2008), 0.02% treated in USA (2004-2006), 3.9% were treated in Northern Ireland (2002 to date Sept 2011). The number of surgical procedures undertaken by the NTPF, broken down by year, is set out in the table below.

Number of surgeries carried out under NTPF by year

Year

Treated

2002

1,920

2003

7,832

2004

13,627

2005

14,580

2006

16,931

2007

22,069

2008

23,927

2009

22,370

2010

24,118

2011 total to end Sept 2011

15,941

Total

163,315

The Government is embarking on a major reform programme of the health system. The aim of this reform is to deliver a single-tier health service, supported by universal health insurance, which will ensure equal access to care based on need, not income. A key immediate priority was the establishment in June of the Special Delivery Unit (SDU), to drive down waiting times for patients and a lot of work has already been undertaken in that regard. The resources of the NTPF will be refocused to align with the work of the SDU, and crucially, will allow for a progressive improvement in the performance of the acute hospital system.

Departmental Agencies

Mary Lou McDonald

Question:

551 Deputy Mary Lou McDonald asked the Minister for Health if he will provide the following information regarding the agencies operating under his aegis (details supplied) namely, the total number of whole-time equivalent staff, the total number of board members, the chairperson and board members respective remuneration packages, the total annual wage bill and the total amount of central funding provided to the agency inclusive of wage bill. [30916/11]

The information requested is being collated and will be forwarded to the Deputy as soon as it is available.

Medical Cards

Jack Wall

Question:

552 Deputy Jack Wall asked the Minister for Health the position regarding an application for a medical card in respect of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [30922/11]

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

Hospital Services

Jerry Buttimer

Question:

553 Deputy Jerry Buttimer asked the Minister for Health his proposals for developing a dedicated cystic fibrosis care unit at Cork University Hospital or alternatively if he will provide funding to enable Build4Life develop such a facility using money raised by its fund-raising efforts; and if he will make a statement on the matter. [30924/11]

I have stated my Department's policy that there must be sufficient inpatient beds to treat all people with cystic fibrosis who require hospitalisation.

I am happy to say that construction of the new 100 bed unit at St. Vincent's hospital is well under way and is due to be completed next year. The new building, which has single en-suite rooms and isolation rooms, will play a vital role in the treatment of patients with cystic fibrosis and a range of other conditions.

Cork University Hospital has the second largest adult cystic fibrosis (CF) centre in Ireland. The CUH centre currently caters for the needs of 145 adult patients attending from the Munster region.

In September 2007, Dr. Barry Plant was appointed as the Director of the adult cystic fibrosis programme at CUH. Since his appointment, Dr. Plant has worked closely with various HSE services, philanthropic organisations such as Build4Life and CFAI, and scientific research agencies in advancing the needs of these patients. In June of 2008, Dr. Plant, in consultation with the CF Multi Disciplinary Team and the CF community locally, submitted a ‘Statement of Need' for CF services to the Executive Management Board of Cork University Hospital. This document, which was approved by the Board, outlined a strategic plan to develop CF services in the hospital, including the provision of day and inpatient facilities.

CF Day Centre

The CF Day Centre, which opened in CUH in May of this year, caters for most clinical needs of CF patients. It includes five isolation rooms, a dedicated CF gym, a multidisciplinary team room and consultant rooms. The capital costs for this development were provided through a partnership approach between HSE South and the Build4Life organisation.

Inpatient Isolation and Bed Facility:

Currently, Dr. Plant is working with the Executive Management Board of the CUH to develop a designated inpatient unit, with en-suite rooms for CF patients. A location has been identified for a combined designated adult inpatient facility and respiratory unit. This is in a vacated ward on the CUH campus. Provisional plans and costings have been made, with an estimated build cost of approximately €3m.

The hospital is working in partnership with Build4Life to co-fund this development. To date, Build4Life has raised over €2m to support CF capital developments at CUH. HSE South is examining ways to secure additional capital funding to complete the unit, in the context of decreasing capital budget allocations in the present stringent climate. The need to develop the adult in-patient facility remains a Board and HSE South priority and the HSE will continue to work with Build4Life to complete this project.

I recently met with the Cystic Fibrosis Association of Ireland and I am keenly aware of the needs of people who live with CF.

I am actively considering a Lotto application from Build4Life and will make a decision shortly and will inform the Deputy and Build4Life when I have done so.

Health Service Staff

Ciara Conway

Question:

554 Deputy Ciara Conway asked the Minister for Health the position regarding the transfer of Health Service Executive personnel, particularly regarding if transfers have been stopped, even if a post has been filled in the current area where a worker and a vacancy is available in the area they have requested to be transferred to; and if he will make a statement on the matter. [30936/11]

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

Robert Troy

Question:

555 Deputy Robert Troy asked the Minister for Health if any staff are to be transferred from Roscommon or Navan hospitals to other hospitals that have taken over emergency activities; and if he will make a statement on the matter. [30948/11]

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

Departmental Expenditure

Anne Ferris

Question:

556 Deputy Anne Ferris asked the Minister for Health if he will provide details for the years 2006 to 2011, inclusive, of the arrangements entered into by him, any body under his aegis or State agency for which he has responsibility for the obtaining of advice from a senior or junior counsel and or a firm of solicitors; the subject matter for which advice was sought; the names of the barristers and solicitors' firms concerned and the fees paid; the nature of the work concerned; if in each case the matter was advertised for competitive tender and if not, the reason; and if he will make a statement on the matter. [30970/11]

With regard to the information requested by the Deputy concerning legal services obtained by the Department between 2006 and 2011, the available information, which is set out in the tables that follow, covers the period from January 2007 to November 2010. Information concerning the period December 2010 to date is currently being collated and will be forwarded to the Deputy as soon as it is available. I am advised that this is acceptable to the Deputy.

In early 2009 the Department invited a number of solicitors to submit prices for work. Based on the prices received the Department made offers to the solicitors concerned and those who accepted were included on a panel for use by the Department. In previous years, for small drafting jobs which were below tendering limits, the Department felt that better value for money could be obtained from using those familiar with the relevant requirements.

With regard to agencies under the remit of my Department, payment for legal services is an operational matter for the agencies themselves and such information is not held by my Department.

Year 2007

Name of solicitor or barrister

Amount paid€

Reason

Tendered (yes/no — please explain if no)

2007

Conor Feeney, BL

2,500

Review of Draft SI transposing EU Directive 2005/36/EC-Recognition of Professional Qualifications-as they apply to Pharmacists

Chosen from a panel used by the Dept for drafting and legal advice

2007

Noel Travers

3,267

Preparation of Final Advisory Report of Counsel regarding the implementation of Directive 2001/83/EC, as amended, into Irish Law

Chosen from a panel used by the Dept for drafting and legal advice

2007

Maire Ni Shuilleabhain

3,400

Drafting of regulations to give effect to EC Regulation 178/2002

Chosen from a panel used by the Dept for drafting and legal advice

510

Drafting of regulations defining Marginal, Localised and Restricted Activity

340

Drafting of Health (Country of Origin of Beef) (Amendment) Regulations

1,105

Drafting of Regulations on Approval of Food Establishments

85

Response to Query re provision in SI giving effect to Waters Directive

425

Drafting of SIs to give effect to Directive 2006/82 on infant formula and dietary foods

255

Drafting of SI to give effect to Directive 2006/107 on labelling presentation and advertising of foods

1,190

Drafting of SI to give effect to Directive 2006/33 on additives,colours and sweeteners in foodstuffs

85

Drafting of regulations to give effect to EC Regulation 178/2002

595

Response to Query re Directive 2006/107 on labelling, presentation and advertising of foodstuffs — Bulgaria/Romania accession

850

Drafting of Regulations on Processed Cereal-Based Foods and Baby Foods

425

Drafting of Regulations amending Principal Regulations on Foodstuffs for Particular Nutritional Uses

2007

William Fry

27,326

To advise and assist the Oversight Committee on the Health Repayment Scheme in ensuring that it fulfils its obligation in ensuring that the repayments scheme is implemented in the most effective way possible while still serving the principles of equity, probity and transparency and ensuring that the constitutional rights of all concerned are protected.

Yes

2007

Donal McGuinness

63,427

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2007

Rory White

60,076

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2007

Vivian Lavan

47,654

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2007

Mervyn Hickey

75,867

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2007

Caroline Timmons

44,275

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2007

Crionna Creagh

47,293

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2007

Kara Turner

17,401

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2007

Gail Nohilly

14,744

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2007

Fintan Valentine

5,649

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2007

Conor Feeney, BL

2,500

Legal advice sought on the drafting of a Statutory Instrument implementing European Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications as regards nurses and midwives

Mr Feeney was engaged to provide legal advice on the drafting of this SI as he had previously been engaged by the Department of Education and Science as was (now Department of Education and Skills) in relation to the transposition of the general provisions of the Directive

2007

Conor Feeney, BL

500

Legal advice sought on the drafting of a Statutory Instrument implementing European Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications as regards nurses and midwives

Mr Feeney was engaged to provide legal advice on the drafting of this SI as he had previously been engaged by the Department of Education and Science as was (now Department of Education and Skills) in relation to the transposition of the general provisions of the Directive

2007

William Fry

60,500

Report on the Financial & Legal advice on authorisation and ownership options in relation to VHI

Yes

2007

Noel Whelan

3,327

Drafting Disability Regulations

No — below the threshold (Public Procurement Guidelines)

2007-2009

Diarmuid O’Donovan (BL)

484,900

The Government established a Commission under the Commissions of Investigation Act, 2004 into matters relating to Leas Cross Nursing Home. The Minister appointed Mr O’Donovan as the Sole Member of the Commission.

No- Sole Member was appointed under the Commissions of Investigation Act, 2004. Sole member nominated his legal team who were also appointed under the 2004 Act.

Legal team nominated by the Sole Member consisted of 1 Solicitor and 5 Junior Counsels

919,286

2007

Elizabeth Carty

33,113

Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board

No**

2007

Nicola Murray Hayden

64,875

Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board

No**

2007

Rebecca Broderick

39,398

Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board

No**

2007

Robert W Haughton

31,115

Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board

No**

2007

Denise Brett

21,835

Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board

No**

2007

Deirdre O’Kane

30,424

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

Total Amount Paid for 2007 — €2,110,942

Year 2008

Name of solicitor or barrister

Amount paid€

Reason

Tendered

2008

Conor Feeney, BL

500

For drafting advice in relation to EC (Control of Drug Precursors) Regulations

Chosen from a panel used by the Dept for drafting and legal advice.

2008

Conor Feeney, BL

605

For drafting advice in relation to a SI to authorise prison officers under Misuse of Drugs legislation

Chosen from a panel used by the Dept for drafting and legal advice.

2008

Conor Feeney BL

726

Draft regulations under S18 of the Pharmacy Act 2007 and draft rules of the Pharmaceutical Society of Ireland (PSI) relating to the registration of retail pharmacy businesses

Chosen from a panel used by the Dept for drafting and legal advice.

2008

Conor Feeney BL

363

Draft regulations under S18 of the Pharmacy Act 2007 and draft rules of the PSI relating to the registration of retail pharmacy businesses

Chosen from a panel used by the Dept for drafting and legal advice.

2008

Conor Feeney, BL

605

Review of draft PSI (Fees) Rules 2008

Chosen from a panel used by the Dept for drafting and legal advice.

2008

Conor Feeney, BL

2,601

Draft statutory instrument implementing Professional Qualifications Directive as regards pharmacists under the Pharmacy Act 2007

Chosen from a panel used by the Dept for drafting and legal advice.

2008

Conor Feeney, BL

484

Legal advice on the EC (Recognition of Professional Qualifications of Pharmacists) Regs 2008

Chosen from a panel used by the Dept for drafting and legal advice.

2008

Máire Ni Shuilleabhain

425

Drafting of European Communities (Cosmetics Products) (Amendment) (No. 2) Regulations 2008

Chosen from a panel used by the Dept for drafting and legal advice.

1,360

Drafting of Medicinal Products (Prescription & Control of Supply) (Amendment) Regulations

1,700

Drafting of Poison Regulations

935

Drafting of Cosmetic Products Regulations

1,105

Drafting of Regulations on dietary foods for special medical purposes

680

Drafting of Regulations on energy-restricted diets

255

Drafting of Regulations to give effect to Directive 2006/142 labelling, presentation and advertising of foodstuffs

255

Drafting of Bottled Waters amendment Regulations

1,700

Drafting of Regulations on infant formulae and follow-on formulae

595

Drafting of Regulations (Additives, Colours & Sweeteners) (Amendment) Regulations 2008-(giving effect to Directive 2006/52)

170

Drafting of Regulations (Additives, Colours and Sweeteners) (Amendment) Regulations 2008-(giving effect to Directive 2006/128)

255

Drafting of EC (Purity Criteria on Food Additives other than Colours and Sweeteners) (Amendment) Regulations 2008 giving effect to Directive 2006/129

170

Drafting of Regulations on Dietary Foods for Special Medical Purposes

765

Drafting of Regulations to give effect to Directive 2007/68 on labelling, presentation and advertising of foodstuffs

340

Drafting of Regulations to give effect to Directive 2008/5 on labelling, presentation and advertising of foodstuffs

425

Drafting of Regulations (Additives, Colours and Sweeteners) (Amendment) (No. 3) Regulations 2008-(giving effect to Directive 2008/60)

340

Drafting of Regulations to give effect to Directive 2008/5 on labelling, presentation and advertising of foodstuffs. Drafting advice in respect of tobacco regulations

765

Drafting advice in respect of tobacco regulations

2008

William Fry

29,723

To advise and assist the Oversight Committee on the Health Repayment Scheme in ensuring that it fulfils its obligation in ensuring that the repayments scheme is implemented in the most effective way possible while still serving the principles of equity, probity and transparency and ensuring that the constitutional rights of all concerned are protected

Yes

2008

Donal McGuinness

318

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2008

Crionna Creagh

4,235

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2008

Conor Feeney, BL

2,500

legal advice sought on the drafting of a Statutory Instrument implementing European Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications as regards dentists

Mr Feeney was engaged to provide legal advice on the drafting of this SI as he had previously been engaged by the Department of Education and Science as was (now Department of Education and Skills) in relation to the transposition of the general provisions of the Directive

2008

Conor Feeney, BL

726

Legal advice sought on the drafting of a Statutory Instrument implementing European Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications as regards nurses and midwives and dentists

Mr Feeney was engaged to provide legal advice on the drafting of this SI as he had previously been engaged by the Department of Education and Science as was (now Department of Education and Skills) in relation to the transposition of the general provisions of the Directive

2008

Conor Feeney, BL

2,500

Provision of legal services in relation to the consolidation of the Nurses Act 1985 with new legislation for the regulation of nurses and midwives

The Department sought quotations from 3 Barristers for the provision of legal services in relation to the consolidation. Mr Feeney provided the lowest quote

2008

David Holland S.C

17,784

Legal advice provided to the Inquiry Team in relation to the Monageer Inquiry

Senior Counsel was nominated directly by the Attorney General, and payment sanctioned by the Department of Finance.

2008

Elizabeth Carty

41,256

Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board

No**

2008

Nicola Murray Hayden

63,290

Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board

No**

2008

Rebecca Broderick

76,938

Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board

No**

2008

Robert W Haughton

27,655

Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board

No**

2008

Denise Brett

7,798

Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board

No**

Total Amount for 2008 — €292,84

Year 2009

Name of solicitor or barrister

Amount paid€

Reason

Tendered

2009

Noel Travers

3,037

Drafting and legal settling of European Communities (Purity Criteria on Food Additives other than Colours and Sweeteners) (Amendment) Regulations 2009

Chosen from a panel used by the Dept for drafting and legal advice.

2,976

Drafting and legal settling of European Communities (Nutrition Labelling of Foodstuffs) Regulations 2009

2,308

Initial drafting and legal advice on draft European Communities (Certain Contaminants in Foodstuffs) Regulations 2010

2009

Conor Feeney

303

Drafting and legal settling of European Communities (Additives, Colours and Sweeteners) (Amendment) Regulations 2009

Chosen from a panel used by the Dept for drafting and legal advice.

2,308

Drafting and legal settling of European Communities (Dietary Foods for Special Medical Purposes) Regulations 2009

1,215

Drafting and legal settling of European Communities (Infant Formulae and Follow-On Formulae) (Amendment) Regulations 2009

304

Draft and legal settling of Health (Definition of Marginal, Localised and Restricted Activity) (Butcher Shop) Regulations 2009

1,215

Review of Draft European Communities (Emergency Measures Chilli, Chilli Products, Curcuma and Palm Oil) Regulations 2009

304

Drafting and legal settling of European Communities (Hygiene of Foodstuffs) (Amendment) Regulations 2009

6,804

Initial preparation and review of Draft S.I. European Communities (Official Controls of Foodstuffs) Regulations 2010

2009

William Fry

14,798

To advise and assist the Oversight Committee on the Health Repayment Scheme in ensuring that it fulfils its obligation in ensuring that the repayments scheme is implemented in the most effective way possible while still serving the principles of equity, probity and transparency and ensuring that the constitutional rights of all concerned are protected.

Yes

2009

Donal McGuinness

3,403

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

2009

Mervyn Hickey

21,073

In respect of Orders of Discovery

Documentary Counsel nominated by the Attorney General*

Total Amount for 2009 — €60,048

Year 2010

Name of solicitor or barrister

Amount paid€

Reason

Tendered

2010

Conor Feeney, BL

607

For drafting advice in relation to EC (Control of Drug Precursors) Regulations

Chosen from a panel used by the Dept for drafting and legal advice.

2010

Conor Feeney, BL

1,815

For drafting advice re the Misuse of Drugs Legislation on “legal highs”

Chosen from a panel used by the Dept for drafting and legal advice.

2010

Conor Feeney, BL

605

For drafting and advice on PSI Regs

Chosen from a panel used by the Dept for drafting and legal advice.

2010

Conor Feeney, BL

363

For drafting advice for the Misuse of Drugs (Amendment) (No.2) Regulations 2010

Chosen from a panel used by the Dept for drafting and legal advice.

2010

Noel Travers

3,025

Drafting and legal settling of European Communities (Certain Contaminants in Foodstuffs) Regulations 2010

Chosen from a panel used by the Dept for drafting and legal advice.

2,987

Preparation of initial advices in respect of the proposed transposition of EC Directive 97/43/Eurotom

2010

Conor Feeney

1,696

Drafting and legal settling of European Communities (Official Controls of Foodstuffs) Regulations 2010

Chosen from a panel used by the Dept for drafting and legal advice.

3,267

Drafting and legal settling of European Communities (Import of Food of non-animal origin) Regulations 2010

302

Legal settling of(1) Food Safety Authority of Ireland (Amendment of First Schedule) Order 2010(2) European Communities (Hygiene of Foodstuffs) (Amendment) Regulations 2010(3) European Communities (General Food Law) (Amendment) Regulations 2010

2010

Patrick Terry

3,751

Drafting Medicinal Products (Control of Wholesale Distribution) Regulations 2007 (Amendment) Regulations 2010, Medicinal Products (Control of Manufacture) Regulations 2007 (Amendment) Regulations 2010 & Medicinal Products (Control of Placing on the Market) Regulations 2007 (Amendment) Regulations 2010

4,325

Preparing a final draft of the European Communities (Cosmetics Products) (Amendment) Regulations 2010

2,783

European Communities (Cosmetics Products) (Amendment) (No. 2) Regulations 2010

2010

Caroline Timmons

605

Drafting and legal settling of European Communities (Food Supplements) (Amendment) Regulations 2010

Chosen from a panel used by the Dept for drafting and legal advice.

2010

Jennifer Goode

2,541

Drafting and legal settling of European Communities (Extraction Solvents used in the production of Foodstuffs) Regulations 2009

Chosen from a panel used by the Dept for drafting and legal advice.

2010

William Fry

12,048

To advise and assist the Oversight Committee on the Health Repayment Scheme in ensuring that it fulfils its obligation in ensuring that the repayments scheme is implemented in the most effective way possible while still serving the principles of equity, probity and transparency and ensuring that the constitutional rights of all concerned are protected

Yes

2010

Paddy Terry

No payment made yet

To settle regulations under the Adoption Act 2010

Chosen from a panel used by the Dept for drafting and legal advice.

2010

Brian C. Murray

3,781

Thalidomide documentation review

Assigned by the Office of the Attorney General

2010

Ellen Gleeson

4,537

Thalidomide documentation review

Assigned by the Office of the Attorney General

2010

Rebecca Broderick

802

Legal advice in respect of Lourdes Hospital Inquiry and the Lourdes Hospital Redress Board

No**

Total Amount for 2010 — €49,840 (up to November 2010)

Grand Total for 2007-2010 = €2,513,677

* The term Documentary Counsel refers to Junior Counsel with an expertise in the area of Orders of Discovery. They were nominated by the Attorney General's Office.

** In 2006, the Department agreed to allow Judge Harding Clark, who headed the Lourdes Hospital Inquiry and the subsequent Lourdes Hospital Redress Board, to retain the services of her legal team in order to advise on the redress scheme.

Medical Cards

Seán Ó Fearghaíl

Question:

557 Deputy Seán Ó Fearghaíl asked the Minister for Health if he will expedite 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. [30987/11]

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

Hospital Services

Brendan Griffin

Question:

558 Deputy Brendan Griffin asked the Minister for Health the amount of money spent on infant formula that is given away free in hospitals by county; and if he will make a statement on the matter. [30996/11]

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

Medical Cards

Seán Ó Fearghaíl

Question:

559 Deputy Seán Ó Fearghaíl asked the Minister for Health if he will expedite an application for a medical card renewal in respect of a person (details supplied); and if he will make a statement on the matter. [31013/11]

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

Departmental Expenditure

Mary Lou McDonald

Question:

560 Deputy Mary Lou McDonald asked the Minister for Health the annual cost of the payroll system Corepay annual licence to his Department. [31059/11]

My Department uses Corepay software for payroll and also provides payroll services to the Department of Children and Youth Affairs and the Adoption Authority of Ireland. The indicative costs for the most recent full year (2010) are €51,000 approx. These costs include Corepay licenses, Corepay maintenance and support services together with the relevant Oracles database licenses required to run the services.

Medical Cards

John McGuinness

Question:

561 Deputy John McGuinness asked the Minister for Health the timeframe involved to process and approve a medical card in respect of a person (details supplied) in County Kilkenny; and if he will expedite the matter. [31068/11]

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

Hospital Waiting Lists

John McGuinness

Question:

562 Deputy John McGuinness asked the Minister for Health if an early date for an operation will be arranged at Waterford Regional Hospital in respect of a person (details supplied) in County Carlow. [31072/11]

I am determined to address the issues which cause unacceptable delays in patients receiving treatment in our hospitals. In this regard I have established the Special Delivery Unit (SDU), which will work to unblock access to acute services by dramatically improving the flow of patients through the system, and by streamlining waiting lists, including referrals from GPs. The SDU is working closely with its partner agencies — mainly the HSE and the NTPF.

As a priority, public hospitals have been instructed to ensure that, by the end of 2011, they have no patients waiting more than 12 months for treatment. Where they fail to do so, the NTPF will source the necessary treatments elsewhere and an appropriate budgetary adjustment will be made.

As this is a service matter, it has been referred to the HSE for direct reply. Should the patient's general practitioner consider that the patient's condition warrants an earlier appointment, he/she would be in the best position to take the matter up with the consultant and facility involved.

Pearse Doherty

Question:

563 Deputy Pearse Doherty asked the Minister for Health when a person (details supplied) in County Donegal will receive an appointment for consultation in Tallaght Hospital; and if he will make a statement on the matter. [31081/11]

I am determined to address the issues which cause unacceptable delays in patients receiving treatment in our hospitals. In this regard I have established the Special Delivery Unit (SDU), which will work to unblock access to acute services by dramatically improving the flow of patients through the system, and by streamlining waiting lists, including referrals from GPs. The SDU is working closely with its partner agencies — mainly the HSE and the NTPF.

As a priority, public hospitals have been instructed to ensure that, by the end of 2011, they have no patients waiting more than 12 months for treatment. Where they fail to do so, the NTPF will source the necessary treatments elsewhere and an appropriate budgetary adjustment will be made.

As this is a service matter, it has been referred to the HSE for direct reply. Should the patient's general practitioner consider that the patient's condition warrants an earlier appointment, he/she would be in the best position to take the matter up with the consultant and facility involved.

Health Services

Caoimhghín Ó Caoláin

Question:

564 Deputy Caoimhghín Ó Caoláin asked the Minister for Health the number of motorised transport grant applications received; the number of same approved; and the number rejected in County Donegal for each of the years 2007, 2008, 2009, 2010 and to date in 2011. [31083/11]

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

Aengus Ó Snodaigh

Question:

565 Deputy Aengus Ó Snodaigh asked the Minister for Health if her attention has been drawn to the impact that the Health Service Executive and drug task force funding cuts over the past four years have had on a youth centre (details supplied); the steps he will take to secure funding at least at the current level for next year; and if he will take steps to reverse the recent cuts to ensure this vital community resource can continue delivering quality services. [31088/11]

In the region of €1.418m has been made available to Dublin 12 Local Drugs Task Force by my Department in 2011, of which €116,500 was allocated to the centre referred to by the Deputy. A further €111,000 was allocated to the centre this year by the HSE, as part of its range of supports for community and voluntary provision in the area of drugs education and prevention. Due to the challenging economic environment, the funding available to Drugs Task Forces has been reduced in recent years. In line with Government policy, Drugs Task Forces have been requested to avoid impacting on front line services as far as possible. Similarly, the HSE has sought to manage the impact of reductions through prioritising direct services to those individuals and families directly affected by drug misuse. Funding in relation to 2012 will be determined in the context of the estimates process taking into account the need to protect front line service provision.

Brian Stanley

Question:

566 Deputy Brian Stanley asked the Minister for Health the costs of fluoridation here; and if he will make a statement on the matter. [30309/11]

The HSE spent approximately €4.78 million on fluoridation of public water supplies in 2010. The costs include hydrofluorosilicic acid — the chemical used for fluoridating water — operational and some minor capital costs.

Olivia Mitchell

Question:

567 Deputy Olivia Mitchell asked the Minister for Health in view of the ever-expanding numbers being catered for by agencies providing direct services to those with intellectual disability, and that at the same time they have received cuts in funding over each of the past four years, he will ensure, that like last year, they will not be asked to take the same level of cuts as the rest of the health service in the upcoming budget; and if he will make a statement on the matter. [31143/11]

The level of funding available for the health budget is being considered as part of the Comprehensive Review of Expenditure and Estimates process for 2012 which is currently underway. Deliberations by the Government on the expenditure allocations for next year are likely to continue up until Budget time and it would not be appropriate for me to comment further at this stage pending the outcome of those deliberations. The very difficult financial position facing the Exchequer will obviously require very careful management across all areas of expenditure.

A major priority for the Government in the coming months will be to finalise the current Value for Money and Policy Review of Disability Services to ensure that existing funding for people with disabilities is spent to best effect. It is now more important than ever that large scale spending programmes of this nature are subject to detailed periodic review. The VFM Efficiency and Effectiveness Review will make recommendations that will ensure that the very substantial funding, €1.5 billion, provided to the specialist disability health sector is used to maximum benefit for persons with disability, having regard to overall resource constraints which affect all sectors at this time.

As Minister for Equality, Disability, Mental Health and Older People I am committed to ensuring that the needs of our citizens who have a disability are addressed across the whole of Government.

Hospital Waiting Lists

Mary Lou McDonald

Question:

568 Deputy Mary Lou McDonald asked the Minister for Health the reason the scheduled operation for a person (details supplied) has been repeatedly delayed since May of this year; and if this is a standard of care he is satisfied to stand over. [31144/11]

The Deputy's question relates to an individual service delivery matter and accordingly I have asked the HSE to respond directly to her.

Medical Cards

Mary Lou McDonald

Question:

569 Deputy Mary Lou McDonald asked the Minister for Health the reason an appeal for a medical card has been under review since May of this year in respect of a person (details supplied) ; and if he will confirm when the appeal process will be completed and a judgment made. [31146/11]

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

Hospital Waiting Lists

Bernard J. Durkan

Question:

570 Deputy Bernard J. Durkan asked the Minister for Health if and when an appointment for 19 February 2013, for an examination can be brought forward in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31170/11]

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

Regina Doherty

Question:

571 Deputy Regina Doherty asked the Minister for Health the reason a person (details supplied) in County Meath, is on the waiting list in excess of 12 months to see a cardiologist; and if he will make a statement on the matter. [31182/11]

I am determined to address the issues which cause unacceptable delays in patients receiving treatment in our hospitals. In this regard I have established the Special Delivery Unit (SDU), which will work to unblock access to acute services by dramatically improving the flow of patients through the system, and by streamlining waiting lists, including referrals from GPs. The SDU is working closely with its partner agencies — mainly the HSE and the NTPF.

As a priority, public hospitals have been instructed to ensure that, by the end of 2011, they have no patients waiting more than 12 months for treatment. Where they fail to do so, the NTPF will source the necessary treatments elsewhere and an appropriate budgetary adjustment will be made.

As this is a service matter, it has been referred to the HSE for direct reply. Should the patient's general practitioner consider that the patient's condition warrants an earlier appointment, he/she would be in the best position to take the matter up with the consultant and facility involved.

Health Services

Catherine Byrne

Question:

572 Deputy Catherine Byrne asked the Minister for Health when a nursing home (details supplied) is due to close; the number of patients that are to be transferred to other facilities; the location to which they are to be transferred; the number of these patients originally from the local communities of Inchicore, Kilmainham, Drimnagh and Bluebell in Dublin; and if he will make a statement on the matter. [31195/11]

The nursing home in question was established in 1959. It was originally a Tuberculosis clinic opened in 1935. There are 80 residents currently at the facility. There is also a day centre at the front of the main building providing a service to older persons from the local community. The HSE decided to close the home and transfer the majority of services to the new modern purpose built unit at Hollybrook Community Nursing Unit at Inchicore. The new CNU at Inchicore has a total capacity of 50 beds. It has not been opened to date due to the current constraints on staffing.

As capacity of the new CNU is less than that at the home referred to by the Deputy the proposal also envisages that some staff and residents will transfer to other public units. This will provide the HSE with an opportunity to reopen beds that are closed at these facilities.

I would like to reassure the Deputy that the residents will remain our primary concern. Selection of alternative placements will be informed by the medical and care needs of each resident as evaluated by clinical staff. It is important to emphasise that no resident will be placed in a more costly financial position because of the move. I understand that the indicative timescale for the transfer is between 3 and 6 months. The Deputy will be aware that the Health Service Executive has sole operational responsibility for the delivery of health and social services, including those at this facility, accordingly, the matter has been referred to the Executive for direct reply.

Jack Wall

Question:

573 Deputy Jack Wall asked the Minister for Health if a person (details supplied) in County Kildare is entitled to dental procedures; and if he will make a statement on the matter. [31209/11]

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

Question No. 574 answered with Question No. 536.

Brendan Smith

Question:

575 Deputy Brendan Smith asked the Minister for Health when the Health Service Executive rapid response vehicle will be operational again in the north east; and if he will make a statement on the matter. [31219/11]

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

Medical Cards

Michael Healy-Rae

Question:

576 Deputy Michael Healy-Rae asked the Minister for Health the position regarding a medical card in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [31221/11]

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

Ciaran Lynch

Question:

577 Deputy Ciarán Lynch asked the Minister for Health when a decision will issue on an application for a medical card in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [31251/11]

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

Hospital Staff

Jim Daly

Question:

578 Deputy Jim Daly asked the Minister for Health if his attention has been drawn to a situation in Crumlin children’s hospital, Dublin, at which the only paediatric rheumatologist is taking maternity leave and is not being replaced for her time absent; if his further attention has been drawn to the fact that a patient (details supplied) travelling from west Cork once every two weeks has been told they will now not meet a qualified doctor to prescribe specialist drugs; and if he will make a statement on the matter. [31275/11]

I can confirm that the Health Service Executive has identified Paediatric Rheumatology as a priority service for children's health services and has approved the recruitment of a new Paediatric Rheumatology Consultant for Our Lady's Children's Hospital, Crumlin.

The Paediatric Consultant post already in place in Our Lady's Children's Hospital, Crumlin, will shortly fall vacant due to maternity leave. A locum position was recently advertised but unfortunately there were no applicants for the post. The hospital is currently in discussion with the Children's University Hospital, Temple Street, to identify the level of support they can provide to ensure continued service delivery. I can assure the Deputy that the Health Service Executive will continue its efforts to ensure that this important service can be maintained.

I have referred the specific issue of a patient travelling to Crumlin from outside Dublin to the Health Service Executive, as this is a service matter.

Community Drugs Projects

Éamon Ó Cuív

Question:

579 Deputy Éamon Ó Cuív asked the Minister for Health the funding provided for community drugs projects this year; if there has been any cut in the funding during the year; the allocation to each drugs task force in 2011; if the funding to any drugs task force has been cut during the course of the year; if so, the reason for such a cut; and if he will make a statement on the matter. [31282/11]

In excess of €30 million has been made available to Local and Regional Drugs Task Forces in 2011 for community based drugs initiatives in 2011. There were no cuts to Drugs Task Force funding during the course of the year and the allocation to each Drugs Task Force is set out in the following table.

Local Drugs Task Forces

2011 Allocation

Ballyfermot

1,492,413

Ballymun

1,209,976

Blanchardstown

1,152,227

Bray

1,612,114

Canal Communities

1,600,987

Clondalkin

1,455,032

Cork

1,617,730

Dublin 12

1,148,145

Dublin North East

1,259,256

Dun Laoghaire

949,137

Finglas Cabra

959,818

North Inner City

2,428,391

South Inner City

2,215,434

Tallaght

1,281,356

Totals

20,382,016

Regional Drugs Task Forces

East Coast

872,716

Mid-West

1,533,540

Midlands

870,581

North East

1,010,546

North West

784,597

North Dublin City and Co.

846,574

South East

1,160,794

South Western

870,592

Southern

1,059,956

Western

720,104

Total

9,730,000

Overall Total

30,112,016

Mental Health Services

Dominic Hannigan

Question:

580 Deputy Dominic Hannigan asked the Minister for Health the number of rehabilitation and recovery teams in County Meath to support persons with a mental health problem to enable them to live independently in the community; the professions on these teams; the number of specialist rehabilitation and recovery teams in County Meath; the professions that these teams consist of; and if he will make a statement on the matter. [31285/11]

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

Dominic Hannigan

Question:

581 Deputy Dominic Hannigan asked the Minister for Health the national ratio of population to community mental health teams; the current ratio for persons in County Meath; and if he will make a statement on the matter. [31286/11]

There are currently 124 General Adult Community Mental Health Teams (CMHTs) nationally, serving a population of 4,239,848*. This equates to 1 General Adult CMHT per population of 34,192.

It is difficult to extrapolate the ratio of CMHTs to the population in County Meath, as the HSE Mental Health Service is not configured on a geographical county basis. Mental Health Services in Co Meath are, in the main, provided by the Louth/ Meath Mental Health Service and 4 General Adult CMHTs operate exclusively in County Meath serving a population of 128,303; this equates to 1 General Adult CMHT per population of 32,075. However it is important to note that, in addition,

a) part of East Meath is served by CMHTs in Co. Louth and

b) 4 District Electoral Divisions in Co. Meath are served by CMHTs in HSE Dublin Mid Leinster.

* taken from 2006 Census

Question No. 582 answered with Question No. 536.

Health Services

Seamus Kirk

Question:

583 Deputy Seamus Kirk asked the Minister for Health his views on the lack of toilet facilities at the new accident and emergency unit at Our Lady of Lourdes Hospital in Drogheda, County Louth; if his attention has been drawn to plans to resolve this issue; and if he will make a statement on the matter. [31318/11]

The management and delivery of the health capital programme is a service matter. Therefore your question has been referred to the Health Service Executive for direct reply.

Medical Cards

John McGuinness

Question:

584 Deputy John McGuinness asked the Minister for Health if a medical card will be renewed as a matter of urgency in respect of a person (details supplied) in County Carlow. [31366/11]

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

Health Services

Finian McGrath

Question:

585 Deputy Finian McGrath asked the Minister for Health if he will review a matter in respect of a person (details supplied) in Dublin 3. [31374/11]

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

Billy Kelleher

Question:

586 Deputy Billy Kelleher asked the Minister for Health if he will detail the waiting time for the provision of orthopaedic shoes through the public system in the Cork area; and if he will make a statement on the matter. [31382/11]

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

Billy Kelleher

Question:

587 Deputy Billy Kelleher asked the Minister for Health the reason a disabled person (details supplied) in County Cork who has not had replacement shoes in two years has been informed it will be a further 12 to 14 months before they will receive new shoes and can he confirm if this is factually correct. [31383/11]

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

Departmental Agencies

Mary Lou McDonald

Question:

588 Deputy Mary Lou McDonald asked the Minister for Health if he will provide a list of all commercial semi-State companies under his aegis. [31395/11]

The Voluntary Health Insurance Board is the only commercial State body that comes under the aegis of my Department.

Mental Health Services

Noel Harrington

Question:

589 Deputy Noel Harrington asked the Minister for Health his priorities regarding the mental health sector taking into account concerns (details supplied) about the changes in the staffing levels in this sector over the coming years in view of the ban on recruitment for permanent posts and the non replacement of those retiring; and if he will make a statement on the matter. [31402/11]

The Government has prioritised the reform of the mental health service in line with A Vision for Change. This commitment was clearly shown in the programme for Government which provides for the ring-fencing of €35 million annually from within the overall health budget to develop community mental health services and to ensure early access to more appropriate services for adults and children. This is currently being considered as part of the Estimates process for 2012 and future years. My priority as Minister of State with responsibility for Mental Health will be to further advance the implementation of A Vision for Change. I have asked the HSE to prepare an implementation plan, which will identify specific areas of priority that can be progressed over the next three years, with timelines, detailed costs, structures and identifiable person(s) responsible for driving the change including delivery on the commitments in our Programme for Government. Issues related to staffing levels particularly in community mental health teams will also be examined in this context.

Departmental Staff

Michael Creed

Question:

590 Deputy Michael Creed asked the Minister for Health if the position of principal dental officer in his Department has been filled; and if he will make a statement on the matter. [31403/11]

The current moratorium on the filling of posts has meant that my Department has not been in a position to fill the post of Chief Dental Officer. Future decisions on this post will be taken against the backdrop of my Department's need to balance the delivery of business priorities with falling levels of overall resources.

Hospital Services

Brendan Smith

Question:

591 Deputy Brendan Smith asked the Minister for Health when he will meet a delegation (details supplied); and if he will make a statement on the matter. [31417/11]

The HSE is planning to change the opening time of the Minor Injuries Unit at Monaghan to an 8 hour 5 day service and expects that this will take effect from 1st November. This change is to be viewed as a temporary measure and will be reviewed in 2012.

I have emphasised to the HSE the need to ensure that the impact of such changes to patients is minimised and that all changes are fully communicated. I understand that arrangements, which include staff redeployments and a communications plan, are being put in place by the HSE in relation to this change.

The HSE does not anticipate that this change will have an effect upon the number of patients awaiting admission to an in-patient bed in Cavan General Hospital as the patients treated in the MIU are patients with minor injuries only and would not require admission to an in-patient bed.

In relation to meeting with the Clones Town Council, they should communicate their request to my Department and it will be considered in the usual manner.

Finian McGrath

Question:

592 Deputy Finian McGrath asked the Minister for Health the position regarding the cystic fibrosis unit (details supplied) at Beaumont Hospital, in Dublin. [31428/11]

Beaumont Hospital is one of the 6 specialist centres that provides services to adults with cystic fibrosis. In the 2008 Budget, a special allocation of €2.5m capital funding was provided to enable the hospital to provide facilities for ambulatory care of people with cystic fibrosis. This new facility opened on 26th October 2010 and provides a significantly enhanced service to adult patients with CF.

This enabled the provision of the new dedicated outpatient facility for patients with CF. This Unit facilitates a comprehensive range of services from the multidisciplinary teams. These services include outpatient clinics, a drop in centre/base for clinical assessments with medical consultants and nurses, and the provision of treatments that otherwise may have required hospitalisation.

The new consultation and treatment rooms have an air filtration system which facilitates 12 air changes per hour, approximately three times the average rate in a normal room. This reduces the time needed between patients for the purposes of infection control.

At present there are four dedicated en-suite isolation rooms for the CF Service in Beaumont Hospital. The CEO, Beaumont Hospital, is aware of the requirement to increase capacity and is committed to identifying the additional facilities and resources required to meet the increased demand.

With priority access to a number of en-suite inpatient rooms, the need for an adult with CF being admitted as an inpatient via the Emergency Department is now a rare occurrence.

The Deputy will also be aware of the development of the new 100 bed Unit being built at St Vincent's Hospital which encompasses both in-patient and day care facilities for patients with Cystic Fibrosis. It represents a major improvement in the care of Cystic Fibrosis patients in Ireland. The development at the hospital will provide a state of the art clinical building which will include up to date isolation facilities with accommodation for people with cystic fibrosis.

This 100 inpatient bed unit (in single en-suite rooms) will accommodate the needs of patients with cystic fibrosis and many other patients whose medical requirements necessitate single en suite facilities. One ward (20 beds) in the new Unit will be dedicated for use by cystic fibrosis patients. Twenty per cent of the beds on each of the 5 wards will be isolation rooms. This represents best practice in terms of infection control. It will also provide 10 single day treatment rooms with en-suite sanitary facilities.

The Government is acutely aware of the challenges that people with cystic fibrosis and their families face in managing their condition and fully acknowledges the need for and support the provision of dedicated accommodation in an environment which allows appropriate isolation for improved infection control. The Government supports the continued roll-out of regional services for patients with cystic fibrosis.

Health Services

Aodhán Ó Ríordáin

Question:

593 Deputy Aodhán Ó Ríordáin asked the Minister for Health the supports he is supplying to persons and families affected by genetic neuromuscular conditions; his views that every person with muscular dystrophy should be entitled to the medical card; if the long-term illness scheme will be extended to cover conditions such as myasthenia gravis and Charcot-Marie-Tooth disease; and if he will make a statement on the matter. [31436/11]

As the first part of the Deputy's question relates to service matters I have asked the Health Service Executive (HSE) to outline the services and supports provided for people with neuromuscular conditions directly to the Deputy.

Medical Cards

The Health Act of 1970 provides the legal basis for awarding a medical card. The legislation requires the HSE to have regard to the person's overall financial situation. All persons seeking a medical card are assessed by the HSE as to their ability to arrange GP services without undue hardship. There are no plans to provide for the granting of medical cards to any particular group of patients with specific medical conditions. However, the HSE does look beyond the applicant's financial situation and has regard to other matters they consider appropriate in assessing a person's individual circumstances for a medical card. This assessment can address individual circumstances, including an illness or medical circumstances that result in financial hardship, or the costs associated with the provision of medical treatment. Those who are not eligible for a medical card may still be able to avail of a GP visit card, which covers the cost of general practice consultations.

Long Term Illness Scheme

Under this scheme patients with a prescribed disease or illness of a long-term nature are provided with medicines and medical and surgical appliances without charge. While people with muscular dystrophy are eligible for the Long Term Illness Scheme there are no plans to extend the list of conditions covered by the Scheme. However, the terms of the scheme will be reviewed in the context of the Government's proposals for Universal Health Insurance and free GP care at the point of delivery.

Hospital Services

Caoimhghín Ó Caoláin

Question:

594 Deputy Caoimhghín Ó Caoláin asked the Minister for Health the status of the review of Loughlinstown hospital accident and emergency department; the safeguards that will be put in place for the hospital’s acute beds; and if he will make a statement on the matter. [31438/11]

There is a joint HSE/Departmental group which is developing a framework for the future development of smaller hospitals with oversight from a steering group comprising of HSE and Departmental officials. No external consultants are being used for this process. Consultation covering all the key stakeholders including patients and public representatives, will be an integral part of the process and plans for the consultations required are currently under development and are expected to be completed shortly. The three hospitals in the region (St. Michael's, St. Columcille's and St. Vincent's) are working together with the HSE to ensure that the appropriate level of service is provided in the best location to ensure clinical safety, quality and patient safety and to manage risk. No downgrading of the emergency department at St. Columcille's hospital has been announced. Work has been ongoing for a number of months and transfer of services from one site to another will not occur until all patient safety issues and clinical issues are fully considered. Any future changes will take place within the context of the Clinical Programmes and the developing Framework for smaller hospitals.

Tony McLoughlin

Question:

595 Deputy Tony McLoughlin asked the Minister for Health if he will consider the setting up of a rapid access prostate cancer clinic for Sligo General Hospital; and if he will make a statement on the matter. [31450/11]

Tony McLoughlin

Question:

596 Deputy Tony McLoughlin asked the Minister for Health if he will supply a specific date or week in the last quarter of this year when he expects mammography services at Sligo General Hospital to be up and running and operational [31452/11]

Tony McLoughlin

Question:

597 Deputy Tony McLoughlin asked the Minister for Health if he can supply a specific date or week in the last quarter of this year when he expects colonoscopy services at Sligo General Hospital to be up and running and operational [31453/11]

I propose to take Questions Nos. 595 to 597, inclusive, together.

The Deputy's questions relate to service delivery matters and accordingly I have asked the HSE to respond directly to him.

Medical Cards

Paschal Donohoe

Question:

598 Deputy Paschal Donohoe asked the Minister for Health the number of medical card holders per year since 2005; and if he will make a statement on the matter. [31468/11]

The information requested by the Deputy is set out in the table below.

Date

Number of Medical Cards

Number of GP Cards

01-01-2005

1,145,083

n/a

01-01-2006

1,155,727

5,080

01-01-2007

1,221,695

51,760

01-01-2008

1,276,178

75,589

01-01-2009

1,352,120

85,456

01-01-2010

1,478,560

98,325

01-01-2011

1,615,809

117,423

01-10-2011

1,701,951

128,292

Paschal Donohoe

Question:

599 Deputy Paschal Donohoe asked the Minister for Health the number of houses, per county in which there are multiple holders of medical cards registered as residing there; and if he will make a statement on the matter. [31469/11]

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

Hospital Waiting Lists

Patrick O'Donovan

Question:

600 Deputy Patrick O’Donovan asked the Minister for Health when a person (details supplied) in County Mayo will be called for an eye operation. [31474/11]

I am determined to address the issues which cause unacceptable delays in patients receiving treatment in our hospitals. In this regard I have established the Special Delivery Unit (SDU), which will work to unblock access to acute services by dramatically improving the flow of patients through the system, and by streamlining waiting lists, including referrals from GPs. The SDU is working closely with its partner agencies — mainly the HSE and the NTPF.

As a priority, public hospitals have been instructed to ensure that, by the end of 2011, they have no patients waiting more than 12 months for treatment. Where they fail to do so, the NTPF will source the necessary treatments elsewhere and an appropriate budgetary adjustment will be made.

As this is a service matter, it has been referred to the HSE for direct reply. Should the patient's general practitioner consider that the patient's condition warrants an earlier appointment, he/she would be in the best position to take the matter up with the consultant and facility involved.

John McGuinness

Question:

601 Deputy John McGuinness asked the Minister for Health if an early appointment at the ENT in Waterford Regional Hospital will be arranged in the case of a person (details supplied)in County Carlow; if he will expedite the matter [31480/11]

I am determined to address the issues which cause unacceptable delays in patients receiving treatment in our hospitals. In this regard I have established the Special Delivery Unit (SDU), which will work to unblock access to acute services by dramatically improving the flow of patients through the system, and by streamlining waiting lists, including referrals from GPs. The SDU is working closely with its partner agencies — mainly the HSE and the NTPF.

As a priority, public hospitals have been instructed to ensure that, by the end of 2011, they have no patients waiting more than 12 months for treatment. Where they fail to do so, the NTPF will source the necessary treatments elsewhere and an appropriate budgetary adjustment will be made.

As this is a service matter, it has been referred to the HSE for direct reply. Should the patient's general practitioner consider that the patient's condition warrants an earlier appointment, he/she would be in the best position to take the matter up with the consultant and facility involved.

Health Services

John Browne

Question:

602 Deputy John Browne asked the Minister for Health when a mobility allowance claim will be approved in respect of a person (details supplied) in County Wexford [31488/11]

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

Hospital Accommodation

John Lyons

Question:

603 Deputy John Lyons asked the Minister for Health if his attention has been drawn to any reduction in the number of beds in both the male acute admission unit and the female acute admission unit at Sligo General Hospital; and if he will make a statement on the matter. [31499/11]

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

Consultancy Contracts

Billy Kelleher

Question:

604 Deputy Billy Kelleher asked the Minister for Health the scope and role of outside management consultants if they are introduced into University Hospital Galway and Mid-Western Regional Hospital, Limerick; and if he will make a statement on the matter. [31503/11]

Billy Kelleher

Question:

605 Deputy Billy Kelleher asked the Minister for Health if the introduction of outside management consultants into regional hospitals is the first step towards establishing hospital trusts; and if he will make a statement on the matter. [31504/11]

Billy Kelleher

Question:

606 Deputy Billy Kelleher asked the Minister for Health if the outside management consultancy positions in regional hospitals have been tendered for; and if he will make a statement on the matter. [31505/11]

Billy Kelleher

Question:

607 Deputy Billy Kelleher asked the Minister for Health the cost of tendering for outside management consultancy positions in regional hospitals; and if he will make a statement on the matter. [31506/11]

Billy Kelleher

Question:

608 Deputy Billy Kelleher asked the Minister for Health if, in advance of the decision to introduce outside management consultants into regional hospitals, consultations were held with interested parties in the Croke Park Agreement; if the move is permissible under the Agreement; and if he will make a statement on the matter. [31507/11]

Billy Kelleher

Question:

609 Deputy Billy Kelleher asked the Minister for Health the number of management posts vacant at the University Hospital Galway and at the Mid-Western Regional Hospital, Limerick; and if he will make a statement on the matter. [31508/11]

Billy Kelleher

Question:

610 Deputy Billy Kelleher asked the Minister for Health the number of management posts vacant in each regional hospital; and if he will make a statement on the matter. [31509/11]

Billy Kelleher

Question:

611 Deputy Billy Kelleher asked the Minister for Health if a value for money, cost benefit analysis and SWOT analysis has taken place in advance of any decision to introduce outside management consultancy positions into regional hospitals; and if he will make a statement on the matter. [31510/11]

I propose to take Questions Nos. 604 to 611, inclusive, together.

In order to strengthen the performance of acute hospitals which perform crucial roles within our health service, the HSE has identified a need to have available from time to time Senior Executives, either team-based or individuals, on a short-term basis to strengthen executive teams; lead a project or programme; provide an injection of skills; or assist in the transformation agenda set by Government.

In June 2011, the HSE invited tenders from potential service providers to compete for appointment to a four-year Framework Agreement for Personnel Placement and Supply Services. Under the Framework Agreement, service providers can be asked to source and supply either senior interim managers or more long-term senior management candidates. At present, the HSE is focussing on getting senior interim managers in place.

Following a tender process, a Framework Agreement, involving five companies, was established in September 2011. In October 2011, the five companies were invited to participate in a mini-competition to source and propose candidates for an Interim Management Support Structure for HSE West. The competition has closed and the proposals are being evaluated. As this process is still underway, it would be inappropriate for me to comment any further on it at this stage.

Under these arrangements it is planned to recruit a Chief Executive Officer for the Galway University Hospitals Group. It is also intended to strengthen management capacity in the HSE Mid-Western region by putting in place a similar Interim Management Support Structure.

It is envisaged that existing managers in these locations will benefit from a transfer of knowledge and skills while working alongside these senior interim managers resulting in the further development of the management and service delivery capability. The information and consultation mechanism used in the context of the planned Interim Management Support Structure for HSE West was in line with the terms of the Public Service Agreement. The HSE engaged with the relevant staff representative body at both a national and local level.

The number of management posts vacant in other regional hospitals other than in the HSE-West is not immediately available. I have asked the HSE to collate this information and reply to the Deputy directly.

Departmental Expenditure

Billy Kelleher

Question:

612 Deputy Billy Kelleher asked the Minister for Health the total expenditure in 2010 on ICT, including staff costs, support and maintenance services, hardware, software, and external resources, including consultancies, contractors and service providers and in all agencies under the aegis of his Department. [31520/11]

Total ICT expenditure in 2010 on ICT in the Department of Health (formerly Department of Health & Children) was €1.965m. This figure contains expenditure for a number of smaller agencies that my Department provides shared ICT services to, including the former Office for the Minister for Children and Youth Affairs which has since been incorporated in the newly established Department of Children and Youth Affairs.

The requested details in relation to the agencies under my Department's aegis are not readily available as it is an operational matter for the agencies themselves and my Department does not routinely compile or hold this information. I am referring the Deputy's question to the relevant agencies including the Health Service Executive for its attention and direct reply to the Deputy.

Alcohol Prices

Michael Healy-Rae

Question:

613 Deputy Michael Healy-Rae asked the Minister for Health his views on proposals regarding the introduction of a minimum price for alcohol; if it will result in a loss of jobs; and if he will make a statement on the matter. [31528/11]

A National Substance Misuse Strategy Steering Group was established in 2009. It is examining the development of policy to deal with a wide range of key issues relating to the supply, pricing, availability and marketing of alcohol — including the issue raised by the Deputy — along with measures for the policy areas of prevention strategies, treatment, rehabilitation, alcohol and substance dependency research and information. The report of the Steering Group is close to completion; I expect to receive proposals in the coming months and I will then brief my colleagues in Government on these. In the meantime, I will not pre-empt the work of the group.

Departmental Funding

Michael Healy-Rae

Question:

614 Deputy Michael Healy-Rae asked the Minister for Health the position regarding funding in respect of an organisation (details supplied); and if he will make a statement on the matter. [31531/11]

The level of funding available for the health budget in 2012 is being considered as part of the Comprehensive Review of Expenditure and annual budgetary process which is currently under way. Deliberations by the Government on the expenditure allocations for next year are likely to continue up until Budget time and it would not be appropriate for me to comment further at this stage pending the outcome of those deliberations. The very difficult financial position facing the Exchequer will obviously require very careful management across all areas of expenditure.

The Health Service Executive will continue to fund Muscular Dystrophy Ireland subject to any overall resources limitations that may arise for all service providers in the disability sector generally.

Medical Cards

John McGuinness

Question:

615 Deputy John McGuinness asked the Minister for Health if a medical card will be issued in respect of a person (details supplied) in County Kilkenny; and if he will expedite the matter. [31536/11]

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

Medical Aids and Appliances

John McGuinness

Question:

616 Deputy John McGuinness asked the Minister for Health if a new motorised scooter will be provided in respect of a person (details supplied) in County Kilkenny; and if he will expedite a decision. [31537/11]

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

John McGuinness

Question:

617 Deputy John McGuinness asked the Minister for Health if a special bed and hoist will be provided in respect of a person (details supplied) in County Carlow; and if he will expedite a decision. [31539/11]

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

General Medical Services Scheme

John McGuinness

Question:

618 Deputy John McGuinness asked the Minister for Health the reason for the delay in approving the transfer of a medical card patient to another general practitioner. [31540/11]

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

Medical Cards

John McGuinness

Question:

619 Deputy John McGuinness asked the Minister for Health if a medical card will be approved in respect of a person (details supplied) in County Kilkenny; and if he will expedite a response. [31542/11]

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

Hospital Services

John McGuinness

Question:

620 Deputy John McGuinness asked the Minister for Health if an early appointment will be arranged in respect of a person (details supplied) in County Kilkenny; and if he will expedite the matter. [31545/11]

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

Caoimhghín Ó Caoláin

Question:

621 Deputy Caoimhghín Ó Caoláin asked the Minister for Health, further to Parliamentary Question No. 466 of 20 September 2011, when a reply will issue from the Health Service Executive. [31582/11]

I understand that the Health Service Executive responded to the Deputy on the 7th October 2011 in relation to this matter.

Health Services

Finian McGrath

Question:

622 Deputy Finian McGrath asked the Minister for Health if he will review a matter in respect of a person (details supplied) in County Dublin. [31587/11]

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

Road Traffic Offences

Brendan Griffin

Question:

623 Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport if a person disqualified from driving here in January 2011 is automatically disqualified from driving in the United Kingdom; and if he will make a statement on the matter. [30737/11]

A person disqualified for holding a driving licence in this country must surrender their licence to the Licensing Authority that issued the licence in the first instance. Failure to do so is an offence under the Road Traffic Acts. Once the period of disqualification has expired, they will be notified accordingly and may then reclaim their licence from that Authority. Such a person may not drive in any EU Member State, including the UK, for the duration of the period of disqualification, as they no longer hold a valid driving licence.

Departmental Agencies

Mary Lou McDonald

Question:

624 Deputy Mary Lou McDonald asked the Minister for Transport, Tourism and Sport if he will provide a list of all non-commercial State agencies under the aegis of his Department. [30791/11]

Mary Lou McDonald

Question:

645 Deputy Mary Lou McDonald asked the Minister for Transport, Tourism and Sport if he will provide a list of all commercial semi-State companies under his aegis. [31401/11]

I propose to take Questions Nos. 624 and 645 together.

The information sought by the deputy is set out in the following tables. Table 1 lists the Commercial State Agencies under the remit of my Department while Table 2 lists the Non-Commercial Agencies.

Table 1 Commercial State Agencies

CIE

Bus Éireann

Iarnród Éireann

Bus Atha Cliath

Railway Procurement Agency

Dublin Airport Authority

Cork Airport Authority

Shannon Airport Authority

Irish Aviation Authority

Port of Cork Company

Drogheda Port Company

Dublin Port Company

Dun Laoghaire Harbour Company

Shannon Foynes Port Company

Port of Waterford Company

Galway Harbour Company

New Ross Port Company

Wicklow Port Company

Arklow Harbour Commissioners

Baltimore & Skibbereen Harbour Commissioners

Bantry Bay Harbour Commissioners

Kinsale Harbour Commissioners

Table 2 Non Commercial Agencies

Commission for Aviation Regulation

Fáilte Ireland

Irish Sports Council

Medical Bureau of Road Safety

National Roads Authority

National Sports Campus Development Authority

National Transport Authority

Railway Safety Commission

Road Safety Authority

Tourism Ireland

Marine Casualty Investigation Board

Mary Lou McDonald

Question:

625 Deputy Mary Lou McDonald asked the Minister for Transport, Tourism and Sport if all non-commercial State agency employees under his Department’s aegis are paid directly from the Exchequer. [30896/11]

Not all non-commercial State agencies are funded by the Exchequer. The amount of funding provided to the non-commercial agencies for general administrative expenses, including staffing, can be found in the Book of Estimates.

Mary Lou McDonald

Question:

626 Deputy Mary Lou McDonald asked the Minister for Transport, Tourism and Sport if he will provide the following information regarding the agencies operating under his aegis (details supplied), namely, the total number of whole-time equivalent staff, the total number of board members, the chairperson’s and board members’ respective remuneration packages, the total annual wage bill and the total amount of central funding provided to the agency inclusive of the wage bill. [30921/11]

The fee levels which apply to chairpersons and board members of State agencies are set out in the reply which I gave to Dáil Question 285 on 13th October 2011. However, in some cases board members may have voluntarily declined to accept fee payments.

Neither the Commission for Aviation Regulation nor the Railway Safety Commission have a board. However, there is a Railway Safety Advisory Council. The Commission for Taxi Regulation was subsumed into the National Transport Authority on 1st January 2011. I have no direct function in relation to the Commissioners of Irish Lights. My Department simply provides a contribution to the general administrative expenses of that organisation.

The number of board member positions in each of those agencies which are the subject of this question and for which I have responsibility is set out in the following table. The amount of central funding provided to the agencies is available in the Book of Estimates. With regard to the other information requested by the Deputy, the provision of the material is a matter for the agencies themselves. I have forwarded the Deputy's question to the agencies concerned for their direct response. If the Deputy does not receive a reply within ten working days, please advise my private office.

Board Positions

Board

No. of Positions

Marine Casualty Investigation Board

5

Medical Bureau of Road Safety

5

National Roads Authority

12

National Transport Authority

12

Road Safety Authority

11

Railway Safety Advisory Council

14

Taxi Regulations

Brendan Ryan

Question:

627 Deputy Brendan Ryan asked the Minister for Transport, Tourism and Sport if his Department or any State body, such as the Taxi Regulator, keeps a record of all part-time taxi drivers and those who rent plates from taxi owners; and if he will make a statement on the matter. [30947/11]

The regulation of the taxi industry, including matters related to the rental sector in the small public service vehicle (SPSV) industry and the maintenance of records of part-time drivers, is a matter for the National Transport Authority (NTA) under the Taxi Regulation Act, 2003. I have arranged for your question to be forwarded to the NTA for direct response. Please advise my Office if you do not receive a response within ten working days.

The review of taxi regulation which I am chairing, is examining all aspects of taxi regulation and will make specific recommendations on matters such as licensing, enforcement, vehicle standards, supply issues in rural and urban areas and future dialogue with the taxi sector. The review will enable the necessary further reforms of the sector to allow consumers to have confidence in the taxi system while also ensuring that legitimate and competent operators and drivers can be rewarded by operating fairly under a regulatory framework that is adequately enforced. The work of the review will be completed in November when I will announce my plans for the sector.

Departmental Expenditure

Anne Ferris

Question:

628 Deputy Anne Ferris asked the Minister for Transport, Tourism and Sport if he will provide details for the years 2006 to 2011, inclusive, in respect of his Department, any body under his aegis or State agency for which he has responsibility, of the arrangements entered into by the aforesaid for the obtaining of advice from a senior or junior counsel and-or a firm of solicitors; the subject matter for which advice was sought; the names of the barristers’ and solicitors’ firms concerned and the fees paid; the nature of the work concerned; if in each case the matter was advertised for competitive tender and, if not, the reason; and if he will make a statement on the matter. [30976/11]

The following table sets out details of the arrangements entered into by my Department since my appointment as Minister in March 2011 in relation to the obtaining of advice from external senior/junior counsel or solicitors. In respect of information prior to March 2011, I am having that information collated and it will be forwarded to the Deputy in due course.

With respect to the bodies under the aegis of this Department, this is a matter for the bodies themselves. I have, however, forwarded the Deputy's question to the bodies concerned for their response. If the Deputy does not receive a reply within ten working days, please advise my private office.

Year

Name of Senior/Junior/solicitors

Payment Made

Reason for Procurement/Nature of work

Was service procured through competitive tendering (Yes or No)

Reason (if service was not procured by competitive tender)

2011

Mr. Remy Farrell Senior Counsel

€7,562.50

Review of Legislative Act

Yes

2011

Conor Feeney B.L. (Junior Counsel)

€1,000

Drafting regulations in connection with the transposition of EU Directive

Yes

2011

Gallenalliance Solicitors

Fee of €3,500 agreed but not yet paid

Legal advice

Yes

Road Traffic Offences

Finian McGrath

Question:

629 Deputy Finian McGrath asked the Minister for Transport, Tourism and Sport the position regarding charges for the M6 toll plaza in respect of a person (details supplied) in Dublin 5. [30992/11]

The management of the M6 Toll Plaza is the responsibility of the National Roads Authority and not something in which I have any function. I have referred the matter to the National Roads Authority for direct response to you. If you do not receive a reply within ten working days please contact my private office.

Road Network

Brendan Griffin

Question:

630 Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport the amount of public money that has been spent on drawing up plans for a bypass relief road for Claregalway, County Galway; the year in which work began on drawing up the plans; his views on same; and if he will make a statement on the matter. [31017/11]

As Minister for Transport, Tourism and Sport, I have responsibility for overall policy and funding in relation to the national roads programme. The planning, design and implementation of individual road projects such as the N17 Claregalway Bypass is a matter for the National Roads Authority (NRA) under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned. Within its capital budget, the assessment and prioritisation of individual projects is a matter in the first instance for the NRA in accordance with Section 19 of the Roads Act. Noting the above position, in reference to national roads, I have referred the Deputy's question to the NRA for direct reply. Please advise my private office if you do not receive a reply within 10 working days.

Regarding regional and local road expenditure to date on the Claregalway (Baile Chlair) inner relief road project, €71,852 was spent in 2009 under the RLR Strategic Road Grants Scheme towards the planning and design stage of this project. Galway County Council have been allocated €100,000 towards the design of this project in 2011. As the Deputy is aware, the improvement and maintenance of regional and local roads is the statutory responsibility of each local authority, in accordance with the provisions of section 13 of the Roads Act 1993. Works on these roads are funded from local authorities own resources and are supplemented by State road grants. The initial selection and prioritisation of projects to be funded is also a matter for the local authority.

Departmental Expenditure

Mary Lou McDonald

Question:

631 Deputy Mary Lou McDonald asked the Minister for Transport, Tourism and Sport the annual cost to his Department of the for the licensed payroll system, CorePay. [31065/11]

The annual cost for maintenance and support on Corepay licences is approximately €21,000.

Driving Tests

Derek Keating

Question:

632 Deputy Derek Keating asked the Minister for Transport, Tourism and Sport to indicate, in tabular form, the number of persons who applied for their driving test between 4 January and 4 April 2011; and if he will make a statement on the matter. [31164/11]

Derek Keating

Question:

633 Deputy Derek Keating asked the Minister for Transport, Tourism and Sport to indicate, in tabular form, the number of persons who took their driving test from 4 April 2011 to 4 October 2011; and if he will make a statement on the matter. [31165/11]

I propose to take Questions Nos. 632 and 633 together.

The subject matter of these particular questions, i.e. the operation of the driving test, is the responsibility of the Road Safety Authority, and I have referred the questions to them for direct reply. I would ask the Deputy to contact my office if a reply has not been received within ten days.

Departmental Bodies

Derek Keating

Question:

634 Deputy Derek Keating asked the Minister for Transport, Tourism and Sport if he will outline the members of the Road Safety Authority, RSA; the authority’s policy on driving testing learner drivers; if he will provide details of the authority’s learner driver forum members; and if he will make a statement on the matter. [31166/11]

In September of this year, following the expiry of the term of the original Board of the Road Safety Authority, I appointed a new Board consisting of a mix of experience from the previous Board and some new members. The new Board consists of the following (reappointed members are marked with a *): Mr. Gay Byrne* (Chair); Ms Áine Cornally*; Dr. Áine Carroll; Mr. Seán Finan; Ms Myra Garrett*; Mr. Aaron McHale*; Mr. Ronan Melvin; and Mr. Edward Rock. The appointment of the Chair is subject to his appearance before the Oireachtas Committee. I understand that Mr. Byrne is scheduled to appear before the Committee on 15th November 2011.

The driving test is a legal requirement in order to receive a full driving licence, and requirements for the test are set out in law rather than as a matter of RSA policy. Details of the test requirements are set out in Regulation 26 of the Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006). Learners must hold a learner permit for at least six months before taking the test and, as of April 2011, new learner car drivers must also undertake mandatory lessons before being allowed to take the test.

The RSA, as part of its work, engages with key stakeholders through a variety of means on many matters. Any forum operated by the RSA is the responsibility of the Authority itself. I have, therefore, referred that part of the Deputy's question, relating to a learner drivers forum, to the RSA for direct reply. I would ask the Deputy to contact my office if a reply has not been received within ten days.

Road Safety

Derek Keating

Question:

635 Deputy Derek Keating asked the Minister for Transport, Tourism and Sport if he is satisfied with the present arrangements relating to the standards and requirements to be a professional driving instructor; the benefits of this new policy; and if he will make a statement on the matter. [31167/11]

There are many measures necessary to promote safety on our roads and I believe that having standards for professional driving instructors is one of them. The existence of a recognised standard, through the regime of registering Approved Driving Instructors (ADIs) is also beneficial for the industry and ensures that rogue operators are kept out of the system. The existing standards and requirements for ADIs, which were introduced in 2009, are, of course, open to consideration and review. Following a process of examination of how these standards are operating, the Road Safety Authority, which is responsible for overseeing the ADI system, has recently made a number of proposals to adjust and improve the system. My Department is examining these proposals at present and I expect to be in a position to decide on them in the near future.

I consider it important that systems such as the ADI regime should be subject to periodic review and I remain open to considering other adjustments to the system as and when they may become necessary.

Road Network

Dara Calleary

Question:

636 Deputy Dara Calleary asked the Minister for Transport, Tourism and Sport the position regarding a road project (details supplied) in County Mayo; and the amount spent on a road project (details further supplied) in County Mayo. [31203/11]

The improvement and maintenance of regional and local roads in its area, is a statutory function of each road authority in accordance with the provisions of section 13 of the Roads Act, 1993. Works on such roads are a matter for the relevant local authority to be funded from its own resources supplemented by State road grants. The initial selection and prioritisation of projects to be funded under these grants is also a matter for the local authority.

I understand that Mayo County Council wrote to the National Roads Authority seeking additional funding for the Bridge at Turlough, Co. Mayo, however all of the 2011 regional and local road grants have now been fully allocated and there are no further funds available from which an additional allocation could be made. It is however open to the council to include this project among its applications for consideration for funding under the Specific Improvement Grants Scheme in 2012.

In relation to the traffic calming measures at Ballyvary Co. Mayo, as Minister for Transport I have responsibility for overall policy and funding in relation to the national roads programme. The construction, improvement and maintenance of individual national roads is a statutory matter for the National Roads Authority (NRA) under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned.

Within its capital budget, the assessment and prioritisation of individual projects is a matter in the first instance for the NRA in accordance with Section 19 of the Roads Act.

Noting the above position, I have referred the Deputy's question to the NRA for direct reply. Please advise my private office if you don't receive a reply within 10 working days.

Road Safety

Dara Calleary

Question:

637 Deputy Dara Calleary asked the Minister for Transport, Tourism and Sport if he is satisfied with the operation of the national car test facilities here; his views that 20 minutes is an adequate amount of time to complete a comprehensive test; if his attention has been drawn to the ongoing human resources difficulties within this service; and if he will make a statement on the matter. [31204/11]

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) the Road Safety Authority (RSA) has overall responsibility for the operation, oversight, development, quality assurance and delivery of vehicle testing arrangements.

The testing function is currently carried out by Applus+ under a contractual arrangement with the RSA, who exercise a supervisory role to ensure that the service provided by Applus+ conforms to the conditions of that contract. The RSA continuously monitors Applus+ performance and has regular meetings with them to ensure compliance with contract requirements. To assist the RSA in carrying out this role, the Authority has appointed external contractors to monitor performance by Applus+, and to report regularly to the RSA.

I understand from the RSA that Applus+ has confirmed to them that booking slots have not been reduced to 20 minutes. The shortest slots are in large volume centres and have an average duration of 28 minutes. Activity at some NCT test centres declined during the current quarter due to a drop in demand allied to an increase in the number of owners failing to keep appointments ("no shows").

This situation arises every year and, as in previous years, Applus+ has increased the average number of appointments at 7 centres to minimise its impact. In these centres the time allocated per slot, for a test with an average duration of 20 minutes, has been reduced from 35 minutes to 32.5 minutes. Time slots at other centres are unaffected and those in the affected centres will revert to 35 minutes in January when demand increases and the number of "no shows" decreases.

Internal human resources are a matter for Applus+ and the RSA in relation to the performance of the NCT contract. However, I understand that a number of human resource matters are due to be heard by the Labour Relations Commission.

Road Network

Dara Calleary

Question:

638 Deputy Dara Calleary asked the Minister for Transport, Tourism and Sport if he or the National Roads Authority has received a request for funding from Mayo County Council for an emergency road project (details supplied). [31205/11]

As Minister for Transport, Tourism & Sport, I have responsibility for overall policy and funding in relation to the national roads programme. The planning, design and implementation of individual road projects is a matter for the National Roads Authority (NRA) under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned.

Within its capital budget, the assessment and prioritisation of individual projects is a matter in the first instance for the NRA in accordance with Section 19 of the Roads Act.

Noting the above position, I have referred the Deputy's question to the NRA for direct reply. Please advise my private office if you don't receive a reply within 10 working days.

Rail Services

Nicky McFadden

Question:

639 Deputy Nicky McFadden asked the Minister for Transport, Tourism and Sport if he will provide an update on the expected availability of Wi-Fi broadband services on Intercity trains to and from Athlone, County Westmeath; and if he will make a statement on the matter. [31245/11]

The issue raised is an operational matter for Iarnród Éireann. I have referred the Deputy's question to the company for direct reply. Please inform my private office if you do not receive a reply within ten working days.

Departmental Expenditure

Charlie McConalogue

Question:

640 Deputy Charlie McConalogue asked the Minister for Transport, Tourism and Sport if he will communicate with the Department of Social Protection as to the cost to the Exchequer of social welfare assistance required for former employees of a company (details supplied) in County Donegal; if he will ask for a report from the Department of Social Protection to enable him to make an assessment on the net cost if any to the State of providing financial assistance to the operations of the ferry in order to keep its employees in employment; and if he will make a statement on the matter. [31273/11]

The cost to the Exchequer of social welfare assistance paid to former employees of this private commercial ferry company is a matter for the Minister for Social Protection and my Department has no role in relation to this matter.

As I previously advised the Deputy on 13th October 2011, it is not the practice of my Department to subsidise loss-making ferry services nor are there any funds available to my Department for this purpose.

Road Network

Seán Kenny

Question:

641 Deputy Seán Kenny asked the Minister for Transport, Tourism and Sport the revenue and profit raised from each toll bridge for each of the past three years for which figures are available; and if he will make a statement on the matter. [31303/11]

The statutory power to levy tolls on national roads, to make toll bye-laws and to enter into toll agreements with private investors in respect of national roads is vested in the National Roads Authority (NRA) under Part V of the Roads Act 1993 (as amended by the Planning and Development Act 2000 and the Roads Act 2007).

Noting the above position, I have referred the Deputy's Question to the NRA for direct response. Please advise my private office if you do not receive a response within ten working days.

The East Link Toll Bridge is the only toll facility on a non-national road. Financial information in respect of that facility would be available from Dublin City Council.

Tourism Promotion

Seán Kenny

Question:

642 Deputy Seán Kenny asked the Minister for Transport, Tourism and Sport the additional steps being taken to promote cruise tourism here in 2012; the budget allocated for same; and if he will make a statement on the matter. [31304/11]

The matter raised is an operational matter for Fáilte Ireland and Tourism Ireland. I have referred the Deputy's Question to the agencies for direct reply. Please advise my private office if you do not receive a reply within ten working days.

Road Traffic Offences

Seán Kenny

Question:

643 Deputy Seán Kenny asked the Minister for Transport, Tourism and Sport the main offences for which penalty points were awarded in 2010; the way they compare with 2008 and 2009; and if he will make a statement on the matter. [31305/11]

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 collection and compilation of statistics on penalty points.

I have referred the Deputy's question to the Road Safety Authority for direct reply. Please advise my private office if you do not receive a reply within 10 working days.

Swimming Pool Projects

Michael McCarthy

Question:

644 Deputy Michael McCarthy asked the Minister for Transport, Tourism and Sport the funding allocated to public swimming pools in Ireland in 2009, 2010 and 2011, respectively, in tabular form; the amount allocated each year to capital and refurbishment funding, to allocations for disability access, and to any other areas relating to public swimming pools; and if he will make a statement on the matter. [31324/11]

Under the Local Authority Swimming Pool Programme (LASPP) grant-aid up to a maximum of €3.8m per pool is provided to local authorities for the construction of a new local authority pool, a replacement pool or the refurbishment of an existing pool. A new pool is one located in an area that does not have a pool, a replacement pool may be on the site of a former pool or on a greenfield site in the same area.

Under the Programme the following grant aid was allocated to local authorities in 2009, 2010 and 2011.

Name of Pool

Type

2009

2010

2011

Loughrea

New

€1.7m

De Paul, Navan Road, Dublin

Refurbishment

€0.65m

New Ross

Replacement

€3.8m

Ballybofey/ Stranorlar

New

€3.8m

Loughlinstown

New

€3.8m

In 2011, a total of €10.67m in funding has been approved for energy upgrading and enhanced disabled access for 33 local authorities in respect of 56 pools, as set out in tabular form hereunder.

County

Local Authority

Pool Name

Grant €000s

Galway

Galway City Council

Leisureland Salthill

€400.00

Louth

Drogheda Borough Council

Drogheda Leisure Centre

€307.40

Cavan

Cavan County Council

Cavan Regional Sports Centre

€379.66

Limerick

Limerick County Council

Askeaton Pool and Leisure Ltd

€198.12

Clare

Clare County Council

Shannon Swimming and Leisure Centre

€200.30

Wicklow

Arklow Town Council

Arklow Swimming Pool

€297.50

Meath

Meath County Council

LeisureLink Navan

€332.02

Offaly

Offaly County Council

Tullamore Leisure Centre

€167.58

Westmeath

Westmeath County Council

Athlone Regional Sports Centre

€382.47

Cork

Youghal Town Council

Youghal Leisure Centre

€400.00

Donegal

Donegal County Council

Letterkenny Regional Swimming Complex

€233.70

Dublin

DCC

Sean McDermott Street

€76.48

Dublin

DCC

Crumlin Swimming Pool

€47.98

Dublin

DCC

Coolock Swimming Pool

€47.98

Dunlaoghaire Rathdown

DLRDCC

Monkstown Leisure Centre

€127.50

Galway

Galway County Council

Tuam Leisure Centre

€72.67

Mayo

Mayo County Council

Westport Leisure Centre

€359.55

Roscommon

Roscommon County Council

Roscommon Leisure Centre

€365.25

Tipperary

Thurles Town Council

Thurles Leisure Centre

€140.17

Clare

Clare County Council

Kilkee Waterworld Ltd

€54.15

Clare

Clare County Council

Lahinch Seaworld Ltd

€42.50

Wicklow

Wicklow Town Council

Wicklow Coral Leisure Centre

€86.57

Offaly

Offaly County Council

Birr Leisure Centre

€8.16

Carlow

Carlow County Council

Graiguecullen Swimming Pool

€291.58

Carlow

Carlow County Council

Bagenalstown Swimming Pool

€131.32

Donegal

Donegal County Council

Waterworld Bundoran

€203.08

Donegal

Donegal County Council

Ballyshannon Leisure Centre

€73.95

Galway

Galway County Council

Ballinasloe Leisure Centre

€164.82

Kerry

Tralee Town Council

Tralee Reg Sports and leisure Centre

€377.66

Leitrim

Leitrim County Council

Carrick on Shannon Pool

€396.52

Leitrim

Leitrim County Council

Drumshanbo Outdoor Pool

€159.38

Louth

Dundalk Town Council

Dundalk Swimming Pool and Leisure Centre

€192.10

Mayo

Mayo County Council

Ballina Swimming Pool

€366.70

Monaghan

Monaghan County Council

Monaghan Leisure Centre

€158.27

Roscommon

Roscommon County Council

Castlerea Outdoor Pool

€125.38

Sligo

Sligo County Council

Waterpoint Enniscrone Pool

€303.88

Sligo

Sligo County Council

Sligo Regional Sports Centre

€366.25

Tipperary

Carrick on Suir Town Council

Sean Kelly Centre

€335.32

Tipperary

South Tipperary County Council

Sean Treacy Pool Tipperary Town

€51.30

Tipperary

South Tipperary County Council

Clonmel Swimming Pool

€21.07

Waterford

Waterford County Council

Splashworld Tramore

€400.00

Cork

Cork City Council

Mayfield Sports Complex

€33.78

Tipperary

Nenagh Town Council

Nenagh Leisure Centre

€144.47

Tipperary

North Tipperary County Council

Ballina Outdoor Swimming Pool

€55.92

Cork

Fermoy Town Council

Fermoy Swimming Pool

€50.15

Tipperary

North Tipperary County Council

Roscrea Leisure Centre

€10.41

Cork

Cork City Council

Leisureworld Bishopstown

€201.93

Cork

Cork City Council

Douglas Swimming Pool

€340.27

Cork

Cork City Council

Churchfield Swimming Pool

€180.80

Meath

Meath County Council

Kells Swimming Pool

€20.57

Meath

Meath County Council

Trim Leisure Centre

€36.12

Laois

Laois County Council

Portarlington Leisure centre

€300.74

Laois

Laois County Council

Portlaois Leisure Centre

€95.62

Dublin

SDCC

Tallaght Leisure Centre

€136.80

Dublin

SDCC

Clondalkin Leisure Centre

€5.70

Westmeath

Westmeath County Council

Mullingar Swimming Pool

€212.50

Total

€10,672.05

The grants were allocated on the basis that local authorities would complete the work and draw down the grants before the end of this year.

Question No. 645 answered with Question No. 624.

Road Network

Michael McCarthy

Question:

646 Deputy Michael McCarthy asked the Minister for Transport, Tourism and Sport his plans to safeguard the N71 Bandon to Inishannon road, County Cork, against structural deterioration during the winter months in view of damage it has endured in recent winters; the current funding provisions in respect of the road; and if he will make a statement on the matter. [31409/11]

As Minister for Transport, Tourism & Sport, I have responsibility for overall policy and funding in relation to the national roads programme. The planning, design and implementation of individual road projects is a matter for the National Roads Authority (NRA) under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned.

Within its capital budget, the assessment and prioritisation of individual projects is a matter in the first instance for the NRA in accordance with Section 19 of the Roads Act.

Noting the above position, I have referred the Deputy's question to the NRA for direct reply. Please advise my private office if you don't receive a reply within 10 working days.

Departmental Agencies

Timmy Dooley

Question:

647 Deputy Timmy Dooley asked the Minister for Transport, Tourism and Sport the reason the Irish Aviation Authority is not complying with the directive stated in the letter dated 15 December 2008, from a person (details supplied) which states that with effect from 1 January 2009, employers must discharge their existing responsibility to allow PRSI relief at source on the social welfare benefit payments, in particular maternity benefit, and handed over by their employees; and if he will make a statement on the matter. [31434/11]

The subject matter of this particular question, i.e. the discharge of PRSI reliefs, is the responsibility of the Irish Aviation Authority, and I have referred the question to them for direct reply. I would ask the Deputy to contact my office if a reply has not been received within ten days.

Departmental Expenditure

Billy Kelleher

Question:

648 Deputy Billy Kelleher asked the Minister for Transport, Tourism and Sport the total expenditure in 2010 on ICT, including staff costs, support and maintenance services, hardware, software, and external resources, including consultancies, contractors and service providers, and all agencies under the aegis of his Department. [31526/11]

The Department of Transport's total expenditure on ICT in 2010 was €10,408,589. The expenditure of agencies is an operational matter for the agencies concerned. I have referred the Deputy's question to them for direct reply. Please advise my private office if you do not receive a reply within ten working days.

Road Network

Joan Collins

Question:

649 Deputy Joan Collins asked the Minister for Transport, Tourism and Sport if all local authorities submitted their revised restoration improvement three-year programme, restoration improvement schemes maps, restoration maintenance schemes forms to the National Roads Authority by 16 March 2011, in compliance with the contents of circular RLR 2/2011; the local authorities, if any, that did not submit the required documentation by 16 March 2011; if road restoration improvement or road restoration maintenance grants were withheld as a result; and if he will make a statement on the matter. [31554/11]

The majority of local authorities submitted their Restoration Programme forms on time. A total of 7 local authorities were late with their submissions and had their access to the grant payment system restricted until all forms were returned. There are no Restoration Programme forms currently outstanding and therefore all restrictions have been lifted.

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