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Dáil Éireann debate -
Wednesday, 26 Oct 2011

Vol. 745 No. 1

Written Answers

The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].
Questions Nos. 1 to 12, inclusive, answered orally.

Irish Red Cross

Robert Troy

Question:

13 Deputy Robert Troy asked the Minister for Defence the current relationship between him and the Irish Red Cross; and if he will make a statement on the matter. [31361/11]

The Irish Red Cross Society is an independent charitable body corporate which, in accordance with relevant legislation, is responsible for handling its own internal affairs. Whilst I am conscious of the importance attaching to its independence, I have been in contact in recent times with the Chairman of the Society in relation to corporate governance matters and I am satisfied that very good progress is being made in this regard.

Officials from my Department have also met regularly with the Irish Red Cross in recent months and will continue to do so in the context of changes that are proposed to the Irish Red Cross Order 1939. Officials have also met with the International Federation of Red Cross and Red Crescent Societies in this context.

When the Office of the Attorney General has finalised its work on the proposed amendments to the 1939 Order, I will bring the draft legislation to Government for approval. Regardless of whatever changes are made to the 1939 Order, a comprehensive review of all Red Cross legislation, and in particular the primary legislation, will then be commenced in accordance with a commitment given in the Programme for Government.

Finally, my Department pays an annual grant to the Society of €951,000 which includes the Government's annual contribution (currently €130,000) to the International Committee of the Red Cross. The balance of the grant goes towards the salary and administration costs of running the headquarters of the Irish Society. I am satisfied, on the basis of the Society's independently audited annual accounts and enquiries that I made in light of recent controversies, that the grant is properly accounted for and is used for the purposes that it is provided for.

Reserve Defence Force

David Stanton

Question:

14 Deputy David Stanton asked the Minister for Defence if he has given any consideration to allowing members of the Reserve Defence Force to serve overseas in specialist roles; and if he will make a statement on the matter. [31561/11]

The deployment of Reservists on overseas peace support missions was envisaged in the Reserve Defence Force Review Implementation Plan. As part of the plan it was intended to send a small number of reservists, with specific skills, overseas. These were to be drawn from those who had undertaken integrated training, which was to be further supplemented by extensive pre-deployment training. Planning to send a small number of Reservists overseas was at an advanced stage but subsequently suspended due to a moratorium on recruitment to the PDF and other financial constraints. Subsequently, the number of Permanent Defence Force personnel serving overseas was reduced.

There are currently no plans to send members of the Reserve overseas. A Value for Money review of the Reserve Defence Force is underway. This review is examining the progress made under the Reserve Defence Force Review Implementation Plan and will bring forward recommendations for the future development of the Reserve Defence Force.

Defence Forces Strength

Bernard J. Durkan

Question:

15 Deputy Bernard J. Durkan asked the Minister for Defence if he is satisfied that in view of the current economic situation, the strength of the Army, Naval Service and Air Corps can be maintained at least at its present level, having particular regard to ongoing and likely demands arising from overseas deployment, emergency relief measures arising from inclement weather conditions, security or rescue services; and if he will make a statement on the matter. [31564/11]

Bernard J. Durkan

Question:

16 Deputy Bernard J. Durkan asked the Minister for Defence if, in the context of the current review of expenditure and assessment of facilities within the Defence Forces, he will ensure that any budgetary changes will be minimised and will not affect the operational capacity of the Army, Naval Service or Air Corps; and if he will make a statement on the matter. [31563/11]

I propose to take Questions Nos. 15 and 16 together.

My priority as Minister is to ensure that the capacity of the Defence Forces will be maintained to the greatest extent possible given the very serious economic situation.

In Ireland, Defence policy encompasses national security roles other than the traditional narrow role of territorial defence. These include supporting An Garda Síochána in the maintenance of domestic security and, in the regional and global spheres, contributing to conflict prevention, peacekeeping and crisis management operations. It is the policy of this Government, within the very serious resource constraints that we face, to resource the Defence Forces to maintain operational capacity, to the greatest extent possible.

Unlike many other countries, our military capabilities are not just limited for national defence contingencies or overseas missions. The outputs of the Defence Organisation form an integral part of a multidimensional defence, security and support framework. The Permanent Defence Force is utilised on an ongoing basis to provide a broad range of security and other services.

In addition to the traditional Defence and Security roles, the Defence Forces provide a broad range of other services to other Government Departments and Agencies, including Fishery Protection, an Air Ambulance service and assistance to civil authorities during emergencies such as the response to the severe weather crises in the past two winters.

As I said earlier this year when this House approved the deployment of troops to the UNIFIL mission in Lebanon, it is vitally important for Ireland to maintain a level of commitment to international peacekeeping operations and the obligations it has assumed through its membership of the UN. Overseas operations also contribute greatly to the professional development of the Defence Forces.

I am advised that at this time the Defence Forces retain the capacity to undertake the tasks laid down by Government both home and overseas. This requires an ongoing prioritisation of resource allocation within the Defence Organisation.

The Government's decisions arising from the Comprehensive Review of Expenditure will further inform the resource envelope available for Defence over the coming years. The level of resources will determine whether the current level of strength can be maintained.

When the level of resources that will be made available to Defence has been determined, I will be in a better position to provide details of the capacity and capabilities that can be provided by the organisation in the future.

Overseas Missions

Derek Keating

Question:

17 Deputy Derek Keating asked the Minister for Defence, following his recent visit to Irish troops based in the Lebanon accompanying President McAleese, the duties with which the detachment is charged; and if he will make a statement on the matter. [31325/11]

Derek Keating

Question:

19 Deputy Derek Keating asked the Minister for Defence the purpose of his visit to the troops in Lebanon; the work that the current detachment is carrying out; if he is satisfied that all measures related to their safety, including adequate equipment, are available to them; and if he will make a statement on the matter. [31326/11]

I propose to take Questions Nos. 17 and 19 together.

As the House will be aware, I had the honour of accompanying President McAleese on her official visit to Lebanon during the period 14 to 16 October 2011. On 15 October 2011, together with President McAleese, I had the pleasure of visiting Camp Shamrock the headquarters of the 104th Irish Infantry Battalion and meeting with members of the Battalion currently deployed with the United Nations Interim Force in Lebanon (UNIFIL). This was followed by a tour of the Irish Battalion's area of operations. The visit to Lebanon afforded me an opportunity to see, at first hand, the dedication and professionalism of military personnel and the tremendous work done overseas by the Irish Defence Forces. I conveyed to the troops our deep appreciation for the outstanding manner in which they continue to perform their duties on overseas service.

The 104th Irish Infantry Battalion is based in Sector West of UNIFIL's area of operations in an area designated by the Force Commander, centred on the major towns of Tibnine and Bint Jubyal and the Blue Line which separates Lebanon and Israel. The Battalion is tasked primarily with patrolling, reconnaissance and ground holding, while operating in close coordination and cooperation with the Lebanese Armed Forces in Sector West.

Appropriate force protection assets have been deployed by the Defence Forces to this mission, which are consistent with those of other troop contributors in the area. The Defence Forces are satisfied that they have sufficient capabilities, assets and experience to operate in the current and possible future UNIFIL environment in Lebanon. In addition, ongoing threat assessments are carried out in the mission area and we continually review both personal equipment and force assets, to ensure that Defence Forces personnel are appropriately equipped to fulfil their roles. I am satisfied that all appropriate security measures are in place to ensure the safety of all Defence Forces personnel serving with UNIFIL.

Question No. 18 answered with Question No. 7.
Question No. 19 answered with Question No. 17.

Ministerial Responsibilities

Brendan Smith

Question:

20 Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade if he will ensure that the North-South Ministerial Council will organise meetings as requested (details supplied); if this issue will be pursued as a matter of urgency; and if he will make a statement on the matter. [31737/11]

Concerns had been raised with the NSMC Joint Secretariat by Clones Town Council and Monaghan County Council about illegal driving practices on a stretch of the N54/A3 Clones to Cavan Road. Joint Secretariat officials have consulted with relevant Departments, agencies and the police services in both jurisdictions on the matter. The conclusion was that this is a matter for the police services which, I understand, have taken actions to deal with the matter which have had some success. Local councils are advised to continue to liaise with the police services in dealing with this problem.

Tax Code

Ann Phelan

Question:

21 Deputy Ann Phelan asked the Minister for Finance the number of persons who benefitted each year from the farm consolidation relief for stamp duty since this scheme came into effect; and if he will make a statement on the matter. [31603/11]

I am advised by the Revenue Commissioners that the available information on the numbers of claimants who received farm consolidation relief from its introduction in 1 July 2005 until the end of 2010 is set out in the following table.

Year

Numbers receiving farm consolidation relief

2005 (July to December)

2

2006

18

2007

16

2008

30

2009

49

2010

39

The scheme of Stamp Duty relief for farm consolidation expired on 30 June 2011. The figure for 2011 is not yet available.

Tribunals of Inquiry

Dara Calleary

Question:

22 Deputy Dara Calleary asked the Minister for Finance the position regarding the investigations by the Revenue Commissioners into the findings of the Moriarty tribunal report. [31616/11]

I am advised by the Revenue Commissioners that, following the publication of the report of the Moriarty Tribunal, a Revenue official was appointed to examine its contents. The officer has examined the Report and there are a number of matters which have been progressed and others which are still under consideration. The Tribunal recommended that the independence of the Revenue Commissioners be put on a statutory footing, and this has been implemented by Section 101 of the Ministers and Secretaries Act 2011.

The Tribunal also made a recommendation in relation to representations by office holders to the Revenue Commissioners, and I am considering this in the context of the Government's overall approach to political and parliamentary reform in conjunction with my colleague the Minister for Public Expenditure and Reform. However, separately, in the interests of transparency, the Revenue Commissioners publish data on the volume of representations made by each Deputy and Senator.

The Tribunal referred to the difficulties raised for Revenue and the taxpayer by the mutual tension between criminal and civil aspects of investigations and I am advised that Revenue has put administrative arrangements in place which are designed to enable the civil and criminal aspects of appropriate cases to be managed separately when required.

A further recommendation related to the transmission to other agencies of information obtained by Revenue under bilateral agreements has been considered. These agreements are international treaties which are very precisely drawn as to the purpose for which information may be used and would not permit such transmission. However if opportunities arise in the future, the Commissioners will consider the matter further. The Deputy will appreciate that Revenue is not in a position to comment on matters relating to individuals for reasons of taxpayer confidentiality.

Tax Code

Finian McGrath

Question:

23 Deputy Finian McGrath asked the Minister for Finance the position regarding taxing of lump sums (details supplied). [31747/11]

Changes were introduced in Budget and Finance Act 2011 which reduced the lifetime limit of the tax-free retirement lump sum to €200,000 with any excess over this amount subject to tax on a staged basis. The details supplied with the question relate to the future tax treatment of retirement lump sums. It is not customary that I would comment on the detail of any possible tax changes in advance of the Budget and I am not in a position to do so at this time.

Patrick O'Donovan

Question:

24 Deputy Patrick O’Donovan asked the Minister for Finance his plans to amend the 80% windfall tax on rezoned land; and if he will make a statement on the matter. [31588/11]

The windfall rate of 80% applies to a disposal of development land which has been the subject of a "relevant planning decision" — that is, a decision by a local authority since 30 October 2009 to rezone the land or a decision by a local authority since 4 February 2010 to materially contravene its development plan. The rate applies to the portion of the gain attributable to the "relevant planning decision"; the balance of any gain is taxable at the appropriate Capital Gains Tax, Income Tax or Corporation Tax rate, depending on the circumstances of the disposal. As with all areas of taxation, the windfall rate is constantly kept under review and any changes will be determined in the context of Budget and Finance Bill.

National Asset Management Agency

Michael Creed

Question:

25 Deputy Michael Creed asked the Minister for Finance if he is satisfied that the National Asset Management Agency, NAMA, has sufficient powers to reverse asset transfer to spouses; the number of cases in which NAMA has successfully pursued this approach; and if he will make a statement on the matter. [31684/11]

In relation to asset transfers, in circumstances where it is obvious that the purpose of an asset transfer, whether to a spouse or otherwise, was a pre-emptive attempt to put assets beyond the reach of NAMA, NAMA has a number of statutory remedies available to it under Irish law. These include the provisions of the Conveyancing Act, the Land and Conveyancing Law Reform Act 2009 and Section 211 of the NAMA Act which provides that NAMA may apply to a Court to declare a disposition to be void if it can show that the effect of the disposition was to impair the value of an eligible bank asset or any rights that NAMA would have acquired but for the disposition. At a recent meeting of the Joint Committee on Finance, Public Expenditure and Reform, the Chief Executive of NAMA pointed out that, having been through the business plans of debtors which account for close to 75% of NAMA debt, he does not consider that there is a ‘huge pot of gold' that can be recovered through legal proceedings to reverse asset transfers by NAMA debtors.

I am informed by NAMA, however, that most of the debtors who engaged in such transfers are co-operating with it as regards a voluntary reversal of asset transfers. As negotiations are ongoing with many debtors and assets are being re-valued at current prices, it is not yet possible to determine the final valuation of reversed asset transfers.

In a number of cases where debtors are refusing to co-operate, it has been necessary for NAMA to adopt a number of approaches, depending on the legal advice received in each particular case. This may involve the pursuit of personal guarantees through the courts and, in some cases, will require litigation to reverse asset transfers where the original intention appears to have been to place the assets concerned beyond the reach of NAMA.

NAMA advises me that, based on its experience to date, it has sufficient powers to ensure that asset transfers are reversed where appropriate. Should the Board of NAMA advise otherwise in the future, I would be open to considering any recommendations made.

Personal Debt

Thomas P. Broughan

Question:

26 Deputy Thomas P. Broughan asked the Minister for Finance regarding the Keane report, the proportion of owner-occupiers who were first-time buyers between 2003 and 2007; the cost of debt write-downs of 50%, 40%, 30% and 20% for that category of homeowners; and if he will make a statement on the matter. [31686/11]

I have been advised by the Central Bank that it is estimated that between 18% and 21% of owner occupier mortgages were first time buyers between 2003 and 2007. The Bank also estimates that a debt write down in the range of 20% to 50% of the outstanding balance on these loans would cost between €6 billion to €16 billion.

Banks Recapitalisation

Sean Fleming

Question:

27 Deputy Sean Fleming asked the Minister for Finance if he will confirm the dates and the amounts received and receivable from the sale of ordinary shares in the Bank of Ireland this year; the purposes to which these funds were applied; and if he will make a statement on the matter. [31730/11]

On 25 July 2011, the Minister for Finance announced that a group of investors had committed to buy up to €1.1 billion of the NPRF's shares in Bank of Ireland. This commitment reduced, from €1.9bn to €0.8bn (58% reduction), the potential maximum cost for the State to meet the bank's PCAR equity capital requirement. As a result of investment from other non-government sources, the total cost to the State (through the NPRF) from underwriting the bank's equity capital raise reduced from €0.8 billion to €0.2 billion (including net underwriting fees received by the NPRF of €0.05 billion). The actual amount sold by the NPRF to the investors was 10.5 billion Bank of Ireland shares at a price of 10c per share. The disposal of these shares took place in two tranches. The first disposal for €0.24 billion settled on 2 August 2011 with the second, and final, tranche for €0.81 billion settling on 17 October 2011.

The net proceeds from the disposals were transferred, on foot of a Ministerial Direction, from the NPRF to the Exchequer within 5 days of receipt from the investors.

The revenues of the State are not generally assigned to one particular area of expenditure. Receipts into the Exchequer from the sale of ordinary shares in the Bank of Ireland are, along with other sources of revenue such as tax revenue, non-tax revenue, other capital receipts, and borrowings under the Joint EU/IMF Programme of Financial Support, available to fund overall expenditure. The receipts from the sale of ordinary shares in the Bank of Ireland, because they were not retained within the NPRF, but were instead transferred to the Exchequer contribute to reducing the 2011 Exchequer deficit.

Pension Provisions

Brendan Smith

Question:

28 Deputy Brendan Smith asked the Minister for Finance if he will respond to concerns raised regarding the temporary pension scheme levy (details supplied) in County Cavan; and if he will make a statement on the matter. [31741/11]

I cannot say what the precise impact of the levy will be on individual funds, schemes or members as this depends on whether and to what extent pension fund trustees and Life Offices decide to pass on the levy to individual members, given the particular circumstances of the pension funds or pension plans that they are responsible for. I can say that the Finance (No. 2) Act 2011 provisions which introduced the levy include certain safeguards in this area. The payment of the levy is treated as a necessary expense of a scheme and the trustees or insurer, as appropriate, will be entitled where needed to adjust current or prospective benefits payable under a scheme to take account of the levy. However, should the option of reducing scheme benefits be taken, it must essentially be applied in an equitable fashion across the different classes of scheme members that could include active, deferred and retired members. In no case may the reduction in an individual member's or class of member's benefits exceed the member's or class of member's share of the levy.

The Revenue Commissioners are also afforded oversight authority to review, where they consider it appropriate, instances where benefits are adjusted as a result of the payment of the levy to ensure that any such adjustment is in keeping with the requirements of the levy legislation. In undertaking any such review Revenue may consult with appropriate experts as they see fit. However, before Revenue could act in that regard, instances of concern on foot of actual adjustments made would first have to be brought to their attention.

I consider that there is scope for the pension fund industry to absorb the impact of the temporary pension scheme levy by way of a reduction in the fees and charges made on those schemes. As outlined in the details supplied with the question, I have raised this issue at face-to-face meetings with representatives of pensions industry and in writing. The response from the industry has to date not been particularly positive in this respect. I am not sure, however, that forcing the industry to absorb the levy through legislation regardless of the circumstances from case to case would be the most appropriate action at this time.

I should point out that a group has been established to examine charges in the pensions industry. The group is chaired by the Department of Social Protection with representatives of the Central Bank and the Pensions Board. This study will provide an initial benchmark on the level of pension charges for different forms of funded supplementary pension arrangements and will provide information in relation to disclosure of charges. These data have not been available to date so the study will provide valuable information to inform policy. When this information on pension charges becomes available, I will consider how it may be used to advance the issue of the industry absorbing the impact of the pension fund levy.

Personal Debt

Billy Timmins

Question:

29 Deputy Billy Timmins asked the Minister for Finance his views on a matter (details supplied) regarding action on personal debt and mortgage arrears; and if he will make a statement on the matter. [31745/11]

As the Deputy is aware, earlier this year, the Economic Management Council requested an Inter-Departmental Group to consider further necessary actions to alleviate the increasing problem of mortgage over-indebtedness. Following consideration by the Government, the Group's report was published on 12 October and is available on my Department's website. Given the importance of this issue, the findings and recommendations contained in the report are the subject of a Dáil debate and that debate continues this week. In the meantime there has been progress in moving forward with a number of the initiatives proposed in the report.

The Minister of State at the Department of the Environment, Community and Local Government with special responsibility for Housing and Planning will launch two mortgage-to-rent schemes in line with the report's recommendations. These will operate on a pilot basis initially subject to prompt review ahead of wider roll-out. Under each scheme households in extreme mortgage distress that are eligible for social housing will be able to remain in their homes as social housing tenants with either their lending institution or a housing association taking ownership of the property.

The Minister for Justice and Equality has already undertaken extensive work on the Heads of a Personal Insolvency Bill as set out in the report and these will be published shortly.

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

As I have mentioned in the Dáil, I wanted to give Deputies and outside groups the opportunity to make known their views. When these views have been received I will put forward proposals to the Government on next steps including an implementation mechanism.

FÁS Training Programmes

Mattie McGrath

Question:

30 Deputy Mattie McGrath asked the Minister for Education and Skills if he will consider making amendments to the eligibility criteria for FÁS training courses, community employment schemes to ensure applicants not in receipt of a jobseeker’s allowance payment or other social welfare payments due to the income of their spouse, or partner or parents and prevented from participating in programmes to upskill; his views on this matter; the way he proposes that such persons upskill to increase their chances of gaining employment; and if he will make a statement on the matter. [31590/11]

I understand that FÁS training courses are open to all unemployed persons regardless of whether they are receiving a social welfare allowance or not. I also understand that if a FÁS training course participant is not entitled to Jobseeker's Benefit/Allowance from the Department of Social Protection at the commencement of the course, then he/she does not receive a FÁS training allowance.

In order to ensure the best use of available resources and in order to minimise the drift into long-term unemployment, my Department requested FÁS to prioritise individuals falling within one of the following four cohorts of the unemployed for its training interventions: the low skilled; those under 35 years of age; those on the Live Register for longer than 1 year and those suffering from structural unemployment in the manufacturing, construction and retail sectors.

In addition, my Department requested that individuals falling within more than one of the above cohorts be given top priority for access to these training interventions, subject to individual progression needs. I understand that experience indicates that most FÁS courses include many participants who fall within one or more of the priority cohorts.

Eligibility for Community Employment Schemes provided by FÁS is a matter for my colleague the Minister for Social Protection.

School Transport

Brendan Griffin

Question:

31 Deputy Brendan Griffin asked the Minister for Education and Skills when expenses will issue to a person (details supplied) in County Kerry in respect of school transport costs; and if he will make a statement on the matter. [31593/11]

Bus Éireann, which operates the School Transport Scheme on behalf of my Department, has advised that a school transport service for the pupil in question commenced on 22nd September 2011.

School Transport Section of my Department will be in contact with the parent referred to by the Deputy, regarding the availability of a Special Transport Grant towards the cost of private transport arrangements prior to the commencement of this service.

Higher Education Grants

John O'Mahony

Question:

32 Deputy John O’Mahony asked the Minister for Education and Skills when a person (details supplied) in County Mayo will receive her higher education grant; and if he will make a statement on the matter. [31599/11]

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

In the circumstances, it will be necessary for the student in question to contact her grant awarding authority to ascertain the position with her application.

Third Level Charges

Seán Crowe

Question:

33 Deputy Seán Crowe asked the Minister for Education and Skills if it is ethical for students to pay €6,500 to enrol for a postgraduate diploma in education at University College Dublin when they were unaware that plans were in place to downgrade the qualification from level nine to level eight. [31608/11]

Seán Crowe

Question:

34 Deputy Seán Crowe asked the Minister for Education and Skills if University College Dublin, as a public body, is covered by administrative law and should adequate notice not have been given to students who enrolled in its postgraduate diploma in education in the belief they would, upon graduating, receive a level nine qualification that it would be downgraded to level eight mid-term; and his views on whether an injunction should be imposed on this decision. [31609/11]

Seán Crowe

Question:

35 Deputy Seán Crowe asked the Minister for Education and Skills his views on the views of University College Dublin, that the postgraduate diploma in education is an anomalous and undefined qualification meaning it cannot be downgraded; and if he shares this view, is it not correct that the diminished status of the qualification should result in lower student fees and a less intense level of course work. [31610/11]

Seán Crowe

Question:

36 Deputy Seán Crowe asked the Minister for Education and Skills if the school of education has contacted other international bodies to inform them that despite the change in grade to University College Dublin’s postgraduate diploma in education, it retains the same status as the qualification in its original designation. [31611/11]

Seán Crowe

Question:

37 Deputy Seán Crowe asked the Minister for Education and Skills if he will clarify the statement from the National Qualifications Authority of Ireland which seems to indicate retrospective change whereby anyone who graduated at level nine from 2005 will now be classified as level eight; and what same means for those students who graduated before 2005. [31612/11]

Seán Crowe

Question:

38 Deputy Seán Crowe asked the Minister for Education and Skills the reason University College Dublin registry stamps the grant forms for postgraduate diploma in education students with level nine; the reason UCD School of Education stamps level nine on some students’ forms; and the reason Europass diploma supplements are being issued for the PGDE with level nine stamped on them by UCD. [31613/11]

I propose to take Questions Nos. 33 to 38, inclusive, together.

Universities are autonomous institutions within the meaning of the Universities Act 1997 and my Department does not have any function in relation to their academic affairs, including decisions concerning course provision, postgraduate fees, consultation processes with students or the issuing of diploma supplements. I understand that following detailed consultation between the Irish universities and the National Qualifications Authority of Ireland (NQAI) in the context of the ongoing process of implementing the National Framework of Qualifications (NFQ), the universities have agreed that the initial post-primary teaching qualification previously known as the Higher Diploma in Education and latterly as the Graduate or Postgraduate Diploma in Education, is to be formally included in the NFQ at Level 8 with immediate effect.

As a result of the decision to include the initial post-primary teaching qualification at NFQ Level 8, the title ‘Postgraduate/Graduate Diploma in Education' will be replaced with the new title ‘Professional Diploma in Education' to avoid confusion with any Level 9 award type. All qualification titles used prior to 2011 (i.e. legacy titles) are also placed in the NFQ at Level 8.

As this is the first time that these qualifications have been included in the Framework at any level, there has been no reclassification of awards.

The qualification continues to be recognised by other countries in accordance with their policies and procedures and the adoption of the new title will not affect student entitlements under the existing Student Maintenance Grant Schemes.

Higher Education Grants

Patrick O'Donovan

Question:

39 Deputy Patrick O’Donovan asked the Minister for Education and Skills when persons (details supplied) in County Mayo will receive a decision on an application for third level maintenance grant. [31651/11]

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

In the circumstances, it will be necessary for the student in question to contact his grant awarding authority to ascertain the position with his application.

Finian McGrath

Question:

40 Deputy Finian McGrath asked the Minister for Education and Skills the assistance available to a person (details supplied). [31655/11]

The Deputy is referring to the change in the qualifying distance criterion for the non-adjacent rate of grant which was introduced by the previous Fianna Fáil — Green party Government under Budget 2011.

As that Government had factored in the savings from this and other changes to the student grant scheme to the public expenditure programme for 2011, I regret that I am not in a position to reverse or vary them. However, while a qualifying student may receive a lower rate of grant for the 2011/12 academic year, they will not lose grant assistance. Students on particularly low incomes will also receive a top-up in the special rate of grant.

It may be useful to the student in question to know that students in exceptional financial circumstances can apply for assistance under the Student Assistance Fund. Information on the Fund is available through the access office of the college the student is attending. The access office itself will also continue to provide support and advice to student to enable her to continue with her studies.

The particular college concerned also has a range of other schemes to assist students needing extra financial support. These schemes include rent assistance, class materials, travel/subsistence and emergency assistance. Details of the schemes are available on the college's website or, again, through the access office.

Pearse Doherty

Question:

41 Deputy Pearse Doherty asked the Minister for Education and Skills if he will clarify the vocational education committee calculation in awarding grants based on the milage; and if the VEC is using Google maps to calculate distances and choose the shortest distance irrespective of whether these routes are not available to bus services. [31663/11]

There has been no change as to how local grant awarding authorities measure distances for student grant purposes.

As in the past for all cases, the shortest most direct route to the institution attended is measured. I understand that a range of mechanisms can be used, for example, online mapping such as AA Route Planner and Google Maps.

If the distance is disputed, the matter should be taken up with the grant awarding body concerned. In some cases, it may be necessary to carry out a physical measurement.

Pupil-Teacher Ratio

Peter Mathews

Question:

42 Deputy Peter Mathews asked the Minister for Education and Skills his plans (details supplied) with respect to pupil-teacher ratios; and if he will make a statement on the matter. [31674/11]

The Deputy will be aware the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating teaching staff and Special Needs Assistants (SNAs) to special schools to support children with special educational needs. The NCSE operates within my Department's 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/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 7 approved class teaching posts, 3 surplus teaching posts and 28 SNAs. The enrolment is 38 pupils, including 9 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 1 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, that 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.

Higher Education Grants

Patrick O'Donovan

Question:

43 Deputy Patrick O’Donovan asked the Minister for Education and Skills when people (details supplied) in County Mayo will receive a decision on application for the special maintenance grant. [31677/11]

The processing of student grants is carried out by local grant awarding authorities — VECs and local authorities. In the circumstances, it will be necessary for the students in question to contact their grant awarding authority to ascertain the status of their applications.

Special Educational Needs

Aengus Ó Snodaigh

Question:

44 Deputy Aengus Ó Snodaigh asked the Minister for Education and Skills if the services of the visiting teachers are available to non-verbal children who do not suffer a hearing impairment; the early education supports available to such children; and if he will make a statement on the matter. [31693/11]

The Visiting Teacher Service for Children and Young People with a Hearing Impairment is provided by my Department from the time of referral through to third level education. The Visiting Teacher service provides advice and support to parents and schools to ensure the needs of children and young people with hearing impairment are met. This service is available at pre-school, primary and post-primary levels and includes children at the pre-school stage whose specific needs could be beneficially addressed through the work of the Visiting Teacher Service and the expertise within the service, such as children with auditory processing disorders. Specifically, the service works in partnership with parents of pre-school children with hearing impairment, visiting their homes and/or meeting them in groups to inform, advise and offer guidance on matters pertaining to their education and overall development and helping their children to derive maximum benefit from the educational opportunities available.

There is no scope to further extend the provision of this service to children who do not have a hearing impairment. The Deputy may be aware that the vast majority of supports for child care, including pre-school education, is not provided by my Department, but is provided by the Department of Children and Youth Affairs. The principal vehicle for delivery of pre-school education is the free Pre-School Year in Early Childhood Care and Education (ECCE) programme which was introduced in January 2010 and provides early learning in a formal setting to children in the year before they commence primary school. My Department will continue to work in partnership with other departments and agencies to complement and add value to existing Early Years programmes.

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

The National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers for allocating resources to schools to support children with special educational needs. The NCSE operates within my Department's criteria in allocating such support. For children under the age of five, the NCSE, through its network of Special Educational Needs Organisers, liaises with Assessment Officers in the HSE in respect of the assessment of need process under the Disability Act 2005. My Department's Circular 0020/2011, which is available on my Department's website and issued to all primary schools earlier this year, clarifies the roles of the NCSE and the HSE in relation to the assessment of need process as well as the role of the school in this regard.

Tom Hayes

Question:

45 Deputy Tom Hayes asked the Minister for Education and Skills his policy regarding providing professional resource teachers to schools with students suffering from delayed language development disorders; and if he will make a statement on the matter. [31696/11]

I wish to advise the Deputy that my Department provides an extensive range of supports for pupils with Specific Speech and Language Disorder. My Department provides for the establishment of special classes for Specific Speech and Language Disorder in primary schools. Applications to establish such classes are considered by the school's assigned Special Educational Needs Organiser. Those meeting the criteria for establishment are approved by the National Council for Special Education. A full-time teacher is assigned to each class, and classes operate with a reduced pupil-teacher ratio of 7:1. Speech and language therapy services are provided to these classes by the HSE. An enhanced capitation grant is provided to schools operating special classes for pupils with Specific Speech and Language Disorder. The current rate is €912 per pupil. Pupils who are not enrolled in a special class for Specific Speech and Language Disorder and who meet the criteria for Specific Speech and Language Disorder, as outlined in my Department's Circular 0038/2007, may qualify for additional teaching support where he/she is enrolled in mainstream school. Applications for such support may be made to the National Council for Special Education through the local Special Educational Needs Organiser. Pupils with mild speech and language difficulties may qualify for supplementary teaching support from within the school's general allocation of learning support/teaching support.

Aengus Ó Snodaigh

Question:

46 Deputy Aengus Ó Snodaigh asked the Minister for Education and Skills if his attention has been drawn to the fact that 19 students at a school (details supplied) in Dublin 10 are not receiving their allocation of resource hours due to the cap on resource teaching hours; and if he will ensure that additional personnel are made available to accommodate the needs of these most vulnerable students. [31698/11]

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. Circular 37/2011 provides information to schools regarding the arrangements which are being put in place for the 2011/12 school year for the allocation of Resource Teaching hours for children with assessed special educational needs. In relation to the allocation of individual Resource Teaching hours, the position is that for the 2011/12 school year an initial 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. This allocation, in the first instance, provided schools with the majority of their allocation, yet preserved enough capacity to deal with late applications and ensure that my Department can remain within Employment Control Framework obligations. All schools had been requested to forward any outstanding applications, or additional outstanding materials to support incomplete applications to the NCSE for consideration before 16th September 2011. The NCSE has advised that it allocated 50 resource teaching hours to the school in question on foot of applications received in respect of 15 individual pupils. A further application in respect of 4 pupils is currently being processed by NCSE.

Summer Works Programme

Aengus Ó Snodaigh

Question:

47 Deputy Aengus Ó Snodaigh asked the Minister for Education and Skills the position regarding an application under the summer works programme from a school (details supplied) in Dublin 10. [31699/11]

I can confirm that the school referred to by the Deputy applied for funding under the 2011 Summer Works Scheme. A list of 453 successful schools was announced on 30 March 2011. Applications from schools for gas, mechanical and electrical works were prioritised under the Summer Works Scheme funding this year and I regret that the application made by the school in question was not selected. A letter to this effect has issued to the school. While further funding has been made available for school projects under the Government's Jobs Initiative, I regret that the application was also unsuccessful under the Initiative as it was necessary to prioritise some categories of works over others.

Vocational Education Committees

James Bannon

Question:

48 Deputy James Bannon asked the Minister for Education and Skills if he will consider Longford Vocational Education Committee as a sub-office, in view of it not having been designated the regional headquarters of the newly amalgamated Longford-Westmeath VEC; and if he will make a statement on the matter. [31729/11]

In arriving at the decision on the headquarter locations of the new Education and Training Boards, I considered a range of factors including the need to ensure that the location of a VEC headquarters will, to the greatest extent possible, facilitate staff redeployment under a redeployment scheme within the context of the Croke Park Agreement and the need to operate at lowest cost having regard to the accommodation available in existing locations. In determining Mullingar as a headquarter location, I was aware that both Co. Westmeath and Co. Longford VECs are very closely matched on the criteria mentioned above. However, I am satisfied that geographically, Mullingar is the most favourable location for the HQ. I expect that headquarters staff of Co. Longford VEC will move to the designated headquarters location at 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.

Higher Education Grants

Billy Timmins

Question:

49 Deputy Billy Timmins asked the Minister for Education and Skills the position regarding a third level grant in respect of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [31744/11]

The processing of student grants is carried out by local grant awarding authorities — VECs and local authorities. The Deputy will appreciate that in the absence of all of the details that would be contained in a student grant application form, it would not be possible for me to say if a student would qualify for a grant. However, to satisfy the terms and conditions of the student grant scheme in relation to progression, a student must be moving from year to year within a course having successfully completed the previous year or be transferring from one course to another where the award for the subsequent course is of a higher level than the previous course. The objective of this policy is to help as many students as possible in obtaining one qualification at each level of study thereby increasing their employment prospects. Given the level of demand on the student grant budget from first time students and students that are progressing with their studies to a higher level, there are no plans at present to change the arrangements in place.

Vocational Education Committees

Finian McGrath

Question:

50 Deputy Finian McGrath asked the Minister for Education and Skills the position regarding a club (details supplied) in Dublin 5. [31746/11]

As the Deputy will be aware, it is my intention to lease the 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 facility following execution of the lease. I am advised that the VEC has provided a draft user agreement to the club for their consideration and I understand that the VEC and the club will meet this week to discuss the draft user agreement further. I understand that the VEC carried out a review of the sports facility and identified work to be undertaken to address the general safety of the building. While this work is being carried out, I understand that it is necessary for the VEC to suspend use of the facility. It is expected that the works will be completed in three weeks and the facility will be available for use from then. The VEC has written to the club referred to by the Deputy and other users of the facility outlining the issue and apologising for the inconvenience. The Deputy will understand the importance of ensuring the safety of the facility for all users.

Expenditure Reviews

Maureen O'Sullivan

Question:

51 Deputy Maureen O’Sullivan asked the Minister for Public Expenditure and Reform the reason the comprehensive review of expenditure cannot be published at an earlier date in the interest of fiscal transparency. [31659/11]

The Comprehensive Review of Expenditure (CRE) has generated a large number of options for savings and reform measures which are now being considered by the Government in the context of framing decisions on the Budget and Estimates for 2012 and subsequent years.

The Taoiseach outlined to the House last week that the Government has committed to a series of budgetary and expenditure announcements over the next six weeks leading up to the Budget 2012 statement on 6 December.

As part of this approach, on Thursday 1st December I will be setting out the high-level outcomes of the CRE along with the multi-annual expenditure ceilings for each Department for 2012-2015 and the Budget Estimates for 2012. All of the background CRE documents will be made available online at that point.

Following publication of the key documents they will be presented to the relevant Oireachtas Committees for their consideration. This overall approach demonstrates an unprecedented level of transparency, openness and accountability, in line with the Government Programme commitments in this regard.

Departmental Bodies

Mary Lou McDonald

Question:

52 Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if he will reconsider his decision to end the employment of a person (details supplied) on the basis that his apprenticeship has concluded. [31657/11]

The Office of Public Works have been able to facilitate the person in question to complete his apprenticeship, which concludes shortly. It will not be possible to offer him employment.

Employment Rights

Bernard J. Durkan

Question:

53 Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation further to Question No. 90 of 29 September 2011, the way it was determined that an Employment Appeals Tribunal hearing did not go ahead on 17 August 2010 when it in fact did take place, and the complainant was represented by a solicitor and a settlement reached; and if he will make a statement on the matter. [31643/11]

I refer the Deputy to Question No. 90 which was answered on 29th September 2011 in this regard.

Notwithstanding that this claim was scheduled to take place before the Employment Appeals Tribunal on 17th August 2010, it transpires that the claim was withdrawn on the day. The claimant's representative would have been aware of this as EAT procedures provide that only a claimant or their representative is allowed to withdraw a case. The EAT has no role in relation to the enforcement of any settlement agreement. This is a matter between the parties concerned.

Proposed Legislation

Robert Dowds

Question:

54 Deputy Robert Dowds asked the Minister for Jobs, Enterprise and Innovation the timeline for the consultation and review process needed to bring Ireland’s legislation on the right to collective bargaining into line with recent decisions by the European Court of Human Rights; and if he will make a statement on the matter. [31680/11]

I believe that the established dispute settling institutions should continue to play an important role in disputes over trade union recognition. The established procedures can be improved and secured without introducing a mandatory requirement upon employers to recognise trade unions for collective bargaining purposes.

There is a commitment in the Programme for Government to ensure that Irish law on employees' rights to engage in collective bargaining is consistent with recent judgements of the European Court of Human Rights. This process will require consultation with stakeholders, including employer and worker representatives, and a review of the experience of the operation of the existing legislative framework as put in place under the Industrial Relations Acts of 2001 and 2004 and the consequences of the litigation that has arisen in the course of the operation of these Acts.

I am certain that satisfactory arrangements can be put in place that are suited to our constitutional, social and economic traditions, as well as our international obligations. I am also convinced that they can be framed so as to ensure continued success in attracting investment into our economy.

Question No. 55 withdrawn.

Social Welfare Appeals

Pat Breen

Question:

56 Deputy Pat Breen asked the Minister for Social Protection when a decision will be issued on an application in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [31589/11]

The Social Welfare Appeals Office has advised me that the 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 20 October 2011 and the case has been assigned 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.

Ciaran Lynch

Question:

57 Deputy Ciarán Lynch asked the Minister for Social Protection the reason rent supplement payment was refused to a person (details supplied); when a determination will be made regarding an appeal; and if she will make a statement on the matter. [31592/11]

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.

Social Welfare Benefits

Mattie McGrath

Question:

58 Deputy Mattie McGrath asked the Minister for Social Protection the number of bankrupt persons who have claimed a social welfare payment in each year for the past 20 years; the costs per year; and if she will make a statement on the matter. [31594/11]

My Department is not in a position to provide the information that the Deputy is requesting as statistics regarding bankrupt persons are not available.

Courts Service

Mattie McGrath

Question:

59 Deputy Mattie McGrath asked the Minister for Social Protection if she has estimated or carried out a cost analysis to the State of the rising bankruptcy numbers currently in the court lists; her plans to do so; and if she will make a statement on the matter. [31598/11]

My Department does not have the information that the Deputy is requesting. This is a matter for the Department of Justice and Equality.

Social Welfare Appeals

Pat Breen

Question:

60 Deputy Pat Breen asked the Minister for Social Protection when a decision will issue on an application for farm assist in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [31614/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 26 August 2011 and was referred to an Appeals Officer on 13 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.

Redundancy Payments

Patrick O'Donovan

Question:

61 Deputy Patrick O’Donovan asked the Minister for Social Protection the position regarding a redundancy claim in respect of a person (details supplied) in County Wexford; if she will expedite the claim; and if she will make a statement on the matter. [31642/11]

A redundancy lump sum claim in respect of the person concerned was received on 19 July 2011. Redundancy lump sum claims received during April 2011 are currently being processed.

Social Welfare Appeals

John O'Mahony

Question:

62 Deputy John O’Mahony asked the Minister for Social Protection further to Parliamentary Question No. 229 of 27 September 2011, when this case will be reviewed by a medical assessor as stated in the reply; and if she will make a statement on the matter. [31656/11]

This application was reviewed by one of the Department's Medical Assessors on 24th October 2011, who found that the child was not medically eligible for Domiciliary Care Allowance. The appeal file is currently being prepared for the Social Welfare Appeals Office and will shortly be forwarded for their consideration.

Robert Troy

Question:

63 Deputy Robert Troy asked the Minister for Social Protection if she will expedite an appeal for domiciliary care in respect of a person (details supplied). [31667/11]

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 applicants, 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.

Paudie Coffey

Question:

64 Deputy Paudie Coffey asked the Minister for Social Protection when an appeal will be heard in respect of a maternity benefit claim (details supplied); and if she will make a statement on the matter. [31673/11]

The Social Welfare Appeals Office has advised me that an appeal, by the person concerned, was registered in that office on 23 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 for consideration.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Employment Support Services

Robert Dowds

Question:

65 Deputy Robert Dowds asked the Minister for Social Protection her plans to change the way in which disabled persons receive support in securing jobs and work experience, in view of the fact that JobBridge appears to be more accepted by employers than the disability-specific work support scheme; and if she will make a statement on the matter. [31681/11]

The aim of JobBridge is to assist unemployed individuals to bridge the gap between unemployment and the world of work. JobBridge aims to offer individuals of all skill levels, ranging from those who left school early to highly qualified graduates, a unique opportunity to develop new skills and earn valuable experience. JobBridge can offer a diverse range of jobseekers a chance that will at the very least improve their prospects of securing employment in the future. In order to be eligible to participate in JobBridge, an individual must currently be in receipt of a Jobseeker's Allowance/Jobseeker's Benefit or signing for credits on the Live Register, and have been so for a total of three months or more in the last six months.

There is a range of supports available designed specifically to support the employment of people with disabilities. The Wage Subsidy Scheme is just one of these and provides financial incentives to employers, outside the public sector, to employ people with disabilities who work more than 20 hours per week. There are three strands to the scheme:

Strand 1 is a general subsidy for any perceived productivity shortfall in excess of 20% for a disabled employee in comparison to a non disabled peer. The rate of subsidy is €5.30 per hour giving a maximum subsidy, per employee, of €10,748 per annum based on a 39-hour week.

Strand 2 is based on the total number of disabled employees in a company to cover additional costs. It ranges from 10% of the wage subsidy for 3-6 employees to a maximum of 50% of the wage subsidy for 23+ disabled employees.

Strand 3 is where a company that employs 30 or more disabled people can avail of a grant of €30,000 per annum to assist with the cost of employing an Employment Assistance Officer. It is paid for each cohort of 30 disabled people employed.

A range of other supports is also available to support the employment of people with disabilities. These include the Disability Awareness Training Support Scheme, the Reasonable Accommodation Fund for the Employment of Disabled People, the Workplace Equipment Adaptation Grant, the Employee Retention Grant Scheme and the Supported Employment Programme.

Persons with a disability may call into a FÁS Employment Service Office or Local Employment Service Office to meet with an Employment Services Officer or Mediator who will provide them with full information, advice and guidance in relation to training and employment. Persons with a disability, who meet the entry criteria, are able to participate in the full range of FÁS programmes and services.

I should mention, finally, that the range of options available to people with disabilities will be augmented further by the introduction of a Partial Capacity Benefit scheme which will be formally launched before the end of this year. The Partial Capacity Benefit scheme will be open to people who are in receipt of Invalidity Pension or who have been in receipt of Illness Benefit for a minimum of six months. Participation in the scheme will be voluntary and the scheme is designed in particular to respond to the needs of people who currently seek to avail of ‘exemptions' in order to take up employment opportunities.

Aengus Ó Snodaigh

Question:

66 Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if the stipulations of the JobBridge scheme are detailed in, or come under, legislation; and if so, the relevant Act. [31714/11]

JobBridge is an administrative scheme and as such does not come under any specific legislation.

Section 16 of the Social Welfare and Pensions Act 2011 provides for changes to previous social welfare legislation in relation to the internship scheme.

Community Employment

Simon Harris

Question:

67 Deputy Simon Harris asked the Minister for Social Protection the payments which she makes to persons placed on community employment schemes; their entitlements to social welfare benefits while on placement; if she has any plans to reform these payments; and if she will make a statement on the matter. [31732/11]

Community employment helps long-term unemployed people to re-enter the active workforce by breaking their experience of unemployment through a return to work routine. The focus of CE is on developing technical and personal skills to enable a person to return to the open labour market. Persons engaged are provided with work and training placements of 19½ hours duration per week with a not-for-profit community sponsor delivering local services.

The payment rates on community employment (CE) are related to the underlying value of certain social protection payments plus €20 per week. In addition, a participant may be eligible, where appropriate, for payments in respect of any qualified dependant adult and children. In the case of some categories of social protection payments, earnings from CE or from work will be taken into account in determining the value of the social protection payment retained. Secondary benefits are protected during a participant's engagement on CE with individual circumstances taken into account in determining continuing eligibility.

Details for each social protection payment are summarised in the following table. I have indicated that I wish to consider the operation of CE and other employment support initiatives with a view to ensuring the effectiveness of these in progressing people back to work or to further training or education.

TABLE

DSP Qualifying Payment

CE Single Adult Rate

Adult Dependant Allowance (maximum)

Child Allowance (Full Rate)

Child Allowance (Half Rate)

Effects of Joining CE

Jobseekers Allowance From 29 December 2010Jobseekers Benefit From 30 December 2010

€208.00

€124.80

€29.80

€14.90

Secondary benefits retained if gross household income is less than €317.43 per week. Rent or mortgage interest supplement will be paid on a reducing scale for up to 4 years. Medical card retained for 3 years. Fuel allowance payable while on CE.

One Parent Family PaymentDeserted Wife’s AllowanceFrom 6 January 2011

€208.00

n/a

€29.80

n/a

OPFP reduces as earnings from employment and CE increase. OPFP may be partially retained in addition to CE allowances. Rent or mortgage interest supplement will be paid on a reducing scale for up to 4 years. Medical card retained for 3 years. Fuel allowance payable while on CE. Child dependant allowances paid by both DSP and FÁS simultaneously.

Deserted Wife’s BenefitFrom 6 January 2011Widow’s/Widower’s Contributory PensionFrom 7 January 2011

€208.00

n/a

€29.80

n/a

DWB may be fully or partially retained in addition to CE allowances. Rent or mortgage interest supplement will be paid on a reducing scale for up to 4 years. Medical card retained for 3 years. Fuel allowance payable while on CE.

Disability AllowanceFrom 5 January 2011

€208.00

n/a

n/a

n/a

A reduced amount of DA may be paid in addition to CE allowances. CE payments are taken into account as means. Other secondary benefits are unaffected.

Blind PensionFrom 7 January 2011

€208.00

n/a

n/a

n/a

As for Disability Allowance. A visually impaired person who is on Blind Welfare Allowance (means tested) from the HSE may have this allowance affected when going on CE.

Illness BenefitFrom 3 January 2011

€208.00

n/a

n/a

n/a

Illness Benefit retained in addition to the CE payment. Medical card not affected, but secondary benefits (particularly rent allowance) may be affected depending on individual circumstances.

Invalidity PensionFrom 6 January 2011.

€208.00

n/a

n/a

n/a

Invalidity Pension payments are retained in addition to CE payment. Medical Card not affected, but other benefits (particularly Rent Allowance) may be affected depending on individual circumstances.

Employment Support Services

Michael McGrath

Question:

68 Deputy Michael McGrath asked the Minister for Social Protection the position regarding an application for an internship under the JobBridge scheme in respect of a person (details supplied) in County Cork. [31748/11]

All applications for internships are made directly by the individual to the host organisation. If an individual is selected by a host organisation, his/her eligibility must be confirmed by my Department before he/she can participate on the scheme.

If an individual has previously completed a Work Placement Programme with a host organisation, he/she are not eligible to undertake a JobBridge placement with that same organisation.

This is the case in respect of the individual referred to.

EU Directives

Dara Calleary

Question:

69 Deputy Dara Calleary asked the Minister for Arts, Heritage and the Gaeltacht the methodology used to draft up the conditions attached to special protection areas; and if consideration will be given to reducing the number of conditions attached to SPAs, particularly for farmers and for those wishing to build a one off house on their lands. [31626/11]

The EU Birds Directive requires all Member States to classify the most suitable areas in their territory as Special Protection Areas (SPAs) for the conservation of those bird species listed in Annex I of the Directive and also for regularly occurring migratory species. Included within the network of SPA sites are areas used by birds for breeding, feeding, roosting and wintering. A list of Special Conservation Interests is set out for each SPA site specifying those Annex I and migratory bird species which occur in nationally or internationally important numbers at that particular site.

In order to protect the sites, and as required by the Birds and Habitats Directives, a list of Activities Requiring Consent (ARCs) are put in place for each SPA. These activities have been identified by my Department as having the potential to negatively affect the populations of the protected species and act as a notification mechanism which safeguards the site and its bird populations. The list of activities is tailored for each site and includes only those which may potentially cause damage to the site.

Activities Requiring Consent are not prohibited in SPAs. However, consent must be secured before they can be undertaken. This is generally a straightforward process undertaken by the local National Parks and Wildlife ranger or other official. Other works or developments that secure consent through other processes, such as the planning system, do not require separate consent from my Department. The planning system has its own processes, as required by the Birds and Habitats Directive, to ensure that the impact of any proposed development on the SPA is fully considered before planning consents are given.

Special Areas of Conservation

Dara Calleary

Question:

70 Deputy Dara Calleary asked the Minister for Arts, Heritage and the Gaeltacht the number of objections which have been received by him from land owners in the six recently designated special protection areas in County Donegal. [31627/11]

My Department has received some 240 objections to these proposed designations.

Wildlife Protection

Sean Fleming

Question:

71 Deputy Sean Fleming asked the Minister for Arts, Heritage and the Gaeltacht if he will provide the list of locations in respect of the number of licences he has issued under section 42 of the Wildlife Act which provides for the shooting of wild deer outside the designated open season and allows for night time shooting from the public road with the use of high powered lamps in view of the fact that the Summary Jurisdiction (Ireland) Act 1851 prohibits discharge of a firearm from within 60 feet of a public road; if the shooting of wild deer in this situation is legal, and even though it is highly dangerous to local communities, it has the potential to promote the illegal taking of deer; the reason he continues to issue permits allowing for the culling of female deer while they still have dependent young, which results in the dependent calf or fawn suffering an horrendous death over a number of weeks; and if he will make a statement on the matter. [31641/11]

The Wildlife Acts require that deer may only be hunted under Ministerial licence. The open season for most deer species is from 1 September to 28 February, depending on the species and gender of the deer. This reflects the conservation needs of the species concerned. Muntjac deer, which are considered an invasive species, can be hunted at any time of the year.

Deer can and do cause serious damage to crops and forestry. If a person needs to control deer outside the annual open seasons, permission under Section 42 of the Wildlife Acts is required. Permissions are issued on a case by case basis, to take action by means which can include scaring, capturing or killing.

Recently I approved new procedures for consideration of applications for permission to use lamps and vehicles for the culling of deer at night, subject to certain conditions. Permission can be obtained only where there are substantial practical difficulties with effective culling over large areas by daylight. Under the new procedures, one licence was issued in respect of a number of named individuals working for Coillte Teo, with a further licence issued in respect of a number of staff in my Department. Both Coillte and my Department manage properties with extensive private road networks. The shooting of deer from public roads does not arise in either case. It should be noted that licences issued under the Wildlife Act do not supersede any other requirement of the law in relation to the use of firearms.

I am advised that such culling, carried out with care by trained and highly experienced staff, does not create a danger for local communities. Nor does it promote illegal taking of deer.

However, I have instructed that there should be a review of the new procedures after a year in consultation with relevant stakeholders, in order to ensure their effectiveness.

In relation to culling of female deer, I have powers under the Wildlife Acts to include conditions in Section 42 permissions to prevent the culling of female deer during certain periods, and such conditions are included in many Section 42 permissions. However, it can be necessary to control female deer and dependent calves. Responsible and competent shooters ensure that culling is carried out in the most humane way possible.

Prospecting Licences

Michael Healy-Rae

Question:

72 Deputy Michael Healy-Rae asked the Minister for Communications, Energy and Natural Resources in regard to the 13 licences that have been issued to an array of international oil companies to explore the waters off the Atlantic coast, if he will give an assurance that this is a prudent decision and is it not giving away the rights of our national resources to foreign companies; the benefit that will accrue to the Exchequer; if the licensing and taxation terms need to be radically revised; and if he will make a statement on the matter. [31704/11]

The potential of the Irish offshore as a petroleum producing region is largely unproven and this is likely to remain the case unless there is a relatively significant increase in the level of exploration activity, in particular exploration drilling. Over the past decade on average only two exploration wells have been drilled per year.

The principal aim of the recently completed 2011 Atlantic Margin Licensing Round was to inject new momentum into the level of exploration in the Irish offshore and to attract new exploration companies to Ireland. The Irish and international companies offered two-year licensing options under the round will have to undertake work programmes agreed with my Department. These work programmes will then inform decisions to be made two years from now as to whether or not these companies will want to apply for exploration licences, with a view to moving towards exploration drilling.

As any exploration drilling that might result from the 2011 licensing round is unlikely to take place until six years from now at the earliest, it would not have been in the public interest to delay decisions on the award of licensing options. To do so would only delay the much needed increase in exploration activity levels and potentially damage investor confidence.

With regard to taxation, Ireland competes with other countries, both in Europe and much further afield to attract mobile international exploration investment. To that end, it is important that Ireland maintains a licensing regime that appropriately reflects both the risks and rewards of investing in petroleum exploration in the Irish offshore, relative to investing in exploration in other jurisdictions. A comprehensive review of Ireland's fiscal terms for oil and gas exploration and development was carried out in 2007. The review, which was underpinned by independent economic analysis, considered the appropriateness of Ireland's licensing terms in comparison to other European countries that Ireland competes with for exploration investment. The outcome of that review was the introduction of a profit resource rent tax, of between 5% and 15% that will apply in the case of more profitable fields. The profit resource rent tax would be payable in addition to the standard petroleum corporate tax of 25%. The revised terms apply to exploration licences issued since 1st January 2007.

While I will keep the licensing terms, both fiscal and non-fiscal, under review in light of relevant future developments, at this point in time I believe that the focus should be on attracting a larger share of mobile international exploration investment to Ireland, to increase the chances of new commercial discoveries being made.

Onshore Exploration

Finian McGrath

Question:

73 Deputy Finian McGrath asked the Minister for Communications, Energy and Natural Resources the terms of reference he has put in place for the Environmental Protection Agency in regard to onshore hydraulic fracturing for gas. [31749/11]

Finian McGrath

Question:

74 Deputy Finian McGrath asked the Minister for Communications, Energy and Natural Resources his views that it is better to be proactive rather than reactive in introducing new legislation to protect the environment if onshore hydraulic fracturing for gas proceeds as planned by the companies involved in the exploration. [31750/11]

Finian McGrath

Question:

75 Deputy Finian McGrath asked the Minister for Communications, Energy and Natural Resources if he proposes to commission an independent report to investigate and put in place regulations and procedures to safeguard and protect the environment if onshore hydraulic fracturing for gas proceeds as planned by the companies involved in the exploration. [31751/11]

I propose to take Questions Nos. 73 to 75, inclusive, together.

I indicated recently that I had requested the Environmental Protection Agency (EPA) to conduct research and advise on the environmental implications of hydraulic fracturing as a means of extracting natural gas from underground reserves. The EPA is currently funding preliminary background research in the form of a study being carried out by Aberdeen University. The EPA had consulted with my Department before finalising the terms of reference for this study and my Department will continue to liaise with the EPA in relation to the commissioning of a further and more extensive study in 2012. The scope of this further detailed study will be informed by the findings of the Aberdeen University study and by information gathered by the EPA from a range of sources in the interim.

On the question of the over-arching regulatory framework that would apply in the case of any major onshore gas extraction project, there is already a comprehensive statutory framework in place setting down the development consents that would apply. The development of such a project would require a number of statutory consents including a planning consent from An Bord Pleanála under the Planning and Development (Strategic Infrastructure Act) 2006, an Integrated Pollution Prevention Control Licence from the Environmental Protection Agency (EPA), along with a Petroleum Lease, a Plan of Development consent and a Gas Pipeline consent from myself as Minister for Communications, Energy and Natural Resources. A core element of these consent processes would be to consider the potential environmental impact of any proposed development.

In relation to the specific issue of the potential use of hydraulic fracturing technology as part of a gas exploration or extraction project, my Department has not received applications for nor licensed the use of hydraulic fracturing in the Irish onshore at this time. The onshore petroleum licensing options awarded last February in the Northwest Carboniferous and Clare Basins are preliminary authorisations and are designed to allow the companies assess the natural gas potential of the acreage largely based on desktop studies of existing data. This work is principally office/desktop based and does not involve exploration drilling or hydraulic fracturing. By the end of the option period in February 2013, the companies will have to decide whether to apply for a follow-on exploration licence or relinquish the acreage.

I have made it clear that in the event that any of the companies involved decide to apply for an exploration licence that proposed the use of hydraulic fracturing, the application would have to be set out in detail and be supported by an environmental impact statement. The application would then be the subject of an environmental impact assessment, which would include a public consultation phase. My Department would also consult with other relevant statutory authorities such as the EPA and the National Parks and Wildlife Service before reaching any decision.

In the event of a commercial discovery, any potential development for the onshore production of natural gas would require the authorisations that I have outlined above, including authorisations from An Bord Pleanála, the EPA and from me as Minister with responsibility for natural resources.

Work under these Licensing Options is at an early stage and it is too soon to conclude whether or not these authorisations will proceed to the exploration licence stage let alone anticipate a commercial discovery that could lead to a petroleum production project. Notwithstanding this, my Department is engaging with a range of other State bodies with a view to ensuring that there is a joined up approach to regulation in this area.

Grant Payments

Michael Healy-Rae

Question:

76 Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the position regarding assistance under the disabled persons grant scheme; if he will give an assurance that the local authority will have sufficient funding to deal with the deferred 2011 applications and new applications for 2012; and if he will make a statement on the matter. [31706/11]

Michael Healy-Rae

Question:

77 Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the position regarding assistance under the housing aid for older people grant scheme; if he will give an assurance that the local authority will have sufficient funding to deal with the deferred 2011 applications and new applications for 2012; and if he will make a statement on the matter. [31707/11]

Michael Healy-Rae

Question:

85 Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government in view of the fact that Kerry County Council faces into 2012 with a large number of persons on a waiting list seeking assistance under the housing aid and mobility grants scheme, if he will give an assurance that the local authority will have sufficient funding to deal with the deferred 2011 applications and new applications for 2012; and if he will make a statement on the matter. [31743/11]

I propose to take Questions Nos. 76, 77 and 85 together.

The suite of grant schemes for older people and people with a disability are funded by 80% recoupment available from my Department together with a 20% contribution from the resources of the local authority. It is a matter for each local authority to decide on the specific level of funding to be directed to each of the various grant measures, and to manage the operation of the schemes in their areas from within their allocation.

On 17 February 2011, my Department notified Kerry County Council of an Exchequer allocation of almost € 2.78 million under the grant schemes for 2011. Earlier this month I approved an additional €0.5 million Exchequer funding, bringing the total allocation for the year to €3.28 million. To date some €2.18 million of this, amounting to 67% of the approved funding, has been drawn down by the Council.

Kerry County Council have not advised my Department of having deferred applications for the schemes in their area. My Department is aware however that these schemes are very heavily subscribed and available funding has been heavily committed in many areas.

To provide for continuity in the processing of applications and the payment of grants under the various grant measures, local authorities are advised by my Department that they can commit up to 50% of their current years allocation for payment to applicants in the following year.

To comprehensively assess the overall level of demand for grant assistance under the suite of grant schemes for older people and people with a disability, my Department will, in early January 2012, request local authorities to submit details of their funding requirements for the year, with a view to determining the 2012 allocations as soon as possible after the publication of the 2012 Revised Estimates for Public Services.

Housing Grants

Mattie McGrath

Question:

78 Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government the number of bankrupt persons who have applied for social housing supports over the past 20 years; and if he will make a statement on the matter. [31595/11]

My Department collates a broad range of statistical data on social housing. Data relating to the number of bankrupt persons who have applied for social housing supports is not among that range.

Local Authority Housing

Ciaran Lynch

Question:

79 Deputy Ciarán Lynch asked the Minister for the Environment, Community and Local Government his plans to introduce a ministerial order to allow the sale of local authority flats as provided for in the Housing (Miscellaneous Provisions) Act 2009; and if he will make a statement on the matter. [31597/11]

Work is advancing on the preparation of the statutory instruments and related documentation required to enable the tenant purchase scheme for local authority apartments under Part 4 of the Housing (Miscellaneous Provisions) Act 2009 to be brought into operation as soon as possible. I expect to be in a position to make the necessary instruments before the end of this year.

Water and Sewerage Schemes

Dara Calleary

Question:

80 Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government the position regarding the construction of the Dungloe and Glenties sewerage scheme, County Donegal; the date on which the contractor will be appointed; the extent of the works involved; and the timeframe for the works involved. [31622/11]

The Dungloe and Glenties Sewerage Schemes, which are to advance jointly, are included in the Water Services Investment Programme 2010-2012 among the list of contracts in Donegal to start in the period 2010-2012.

The schemes involve the provision of new wastewater treatment plants, pumping stations and sewers in Dungloe and Glenties.

My Department has approved the tender documents for the scheme and it is now a matter for Donegal County Council to advance the scheme through the tender process.

Water Quality

Dara Calleary

Question:

81 Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government the steps he will take to address the poor public water quality in the Fintown area of County Donegal which is served by Lough Muck. [31623/11]

Since 2008, the Environmental Protection Agency (EPA) has profiled public water supplies to determine whether the supply needs to be replaced or upgraded, or operational practices improved to ensure that there are no risks to the supply of drinking water. Supplies which require such improvement are included in a list known as the Remedial Action List. Many of these supplies are small supplies and where infrastructure improvements are required, my Department has made funding available to local authorities through a special contingency fund under the Rural Water Programme. Funding has been provided to Donegal County Council for a number of supplies from this Fund. Funding is also provided for more major works for supplies on the Remedial Action List through the Water Services Investment Programme. The Fintown supply was added to the Remedial Action List by the EPA in 2010. Consideration was given as part of the review of the Water Services Investment Programme 2010-2012, earlier this year, to a proposal by Donegal County Council for improvement works for this supply to be undertaken as part of the proposed Lettermacaward Regional Water Supply Scheme which is included in the programme. The Department considered that given the scale of the works, a more appropriate cost effective solution could be delivered under the Rural Water Programme. It is understood that Donegal County Council are preparing an application for funding for such works, which will be submitted to my Department shortly.

Departmental Bodies

Dara Calleary

Question:

82 Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government the position regarding Meitheal Forbartha na Gaeltachta Teo, including the level of assistance given by him to employees who will be losing their jobs within the organisation; the steps being taken to put in place a new organisation to administer Leader rural development programme; and when Gaeltacht communities can expect to be able to apply for funding again under this programme. [31624/11]

There were 36 Local Action Groups contracted, on my Department's behalf, to deliver the LEADER element of the Rural Development Programme 2007-2013 (RDP) throughout the country. Each group was contracted to deliver the programme on the basis of a business plan submitted as part of the group selection process. These groups are private limited companies and as such my Department has no role with regard to the structure and function of the group or any role regarding employment matters within these groups. Meitheal Forbartha na Gaeltachta (MFG) was contracted by my Department to deliver the LEADER elements of the RDP as well as implementing other programmes on behalf of my and other Departments. There are complex legal and contractual issues to be resolved in regard to MFG and my Department is currently working on both long and short term solutions to ensure the continued delivery of the RDP and other programmes in Gaeltacht areas. My intention is to find a solution that will be efficient and effective and applied at the earliest possible opportunity.

Proposed Legislation

Thomas P. Broughan

Question:

83 Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government when the noise Bill will be brought forward; and if he will make a statement on the matter. [31692/11]

The Programme for Government includes a commitment to take further steps to address noise pollution, inter alia, through the introduction of fixed payment notices (also known as on-the-spot fines) and provision for mediation procedures between neighbours. The development of new noise legislation by my Department will be considered in the context of this commitment: however, as indicated in the Government Legislation Programme published on 14 September 2011, it is not possible at this time to indicate when the legislation will be published, having regard to other priorities in the area concerned and the broader range of legislative priorities to be progressed across my Department’s remit.

Private Rented Accommodation

Michael Healy-Rae

Question:

84 Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government his views on correspondence regarding bedsit accommodation (details supplied). [31736/11]

Regulations setting out minimum standards for private rented accommodation generally were first set out in the Housing (Standards for Rented Houses) Regulations 1993. However it became clear in recent years that these standards no longer reflected the requirements of the modern rental sector and in the Partnership Agreement Towards 2016 the Government committed to updating and more effectively enforcing the minimum standards regulations for rented houses.

In September, 2006, my Department launched the programme Action on Private Rented Accommodation Standards. Arising out of this programme, new regulations prescribing minimum standards for rented accommodation, the Housing (Standards for Rented Houses) Regulations 2008, came into effect on 1 February 2009, with certain provisions being phased in for existing rental properties over a four year period to allow time for the carrying out of the significant remedial work that may be involved in achieving compliance. Article 2 of these Regulations sets out the date from which the Regulations take effect. This depends on whether or not the house is an existing rental property or a new let. Therefore, as far as existing rental properties are concerned Articles 6, 7 and 8 continue to be subject to the relevant provisions of the Housing (Standards for Rented Housing) Regulations 1993 until 1 of February 2013. However, any rental properties being let for the first time after 1 February 2009 have to comply with all the requirements of the new Regulations.

The purpose of Article 6 of the Regulations is to ensure that each rental property has exclusive access to its own sanitary facilities and that those facilities are contained within the habitable area of the house. This provision will have the effect of removing traditional bed-sit-type accommodation from the rental market. Article 7 relates to effective heating which can be independently managed by the tenant and Article 8 provides for sole access to adequate facilities for hygienic storage, preparation and the cooking of food. The revised regulations were drafted following consultations with key stakeholders, including landlords' and tenants' representative organisations, and the four-year phasing-in period for certain aspects of the regulations applying to existing accommodation was specifically designed to afford landlords the time to either adequately meet the revised minimum standards or to remove unsuitable accommodation from the rental market.

I am satisfied that the private rented residential sector contains a sufficiently large stock of decent housing and of good landlords to ensure that those previously renting accommodation at the lowest end of the market can still be accommodated within that market but in better quality accommodation. I do not accept the argument that we must tolerate sub-standard accommodation in order to meet the housing needs of those at the edges of the market. All landlords have a legal obligation to ensure that their rented properties comply with these regulations and responsibility for enforcing the regulations rests with the relevant local authority, supported by a dedicated stream of funding allocated by my Department. I expect that landlords will behave responsibly and prepare for the 1 February 2013 deadline as referred to above but I also expect that local authorities will pay particular attention to this aspect of landlords' obligations as they police the minimum standards in the years ahead.

Question No. 85 answered with Question No. 76.

Proposed Legislation

Jonathan O'Brien

Question:

86 Deputy Jonathan O’Brien asked the Minister for Justice and Equality if he is satisfied that the law as it stands is sufficient to penalise journalists or persons, who engage in absolute untruths; if not, his plans to introduce legislation to address same; and if he will make a statement on the matter. [31227/11]

Comprehensive provisions in the area of law referred to by the Deputy are already contained in the Defamation Act 2009. I have no proposals for change in this area.

Crime Levels

Robert Dowds

Question:

87 Deputy Robert Dowds asked the Minister for Justice and Equality if there were any criminal prosecutions brought against persons in commercial banks which were overcharging customers on a systematic basis between 2006 and 2010; if not, the reason such prosecutions were not brought; and if he is satisfied that the current legislation covering these practices is sufficiently robust to deter such behaviour in the future. [31604/11]

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 statistics directly to the Deputy. The relevant legislation is a matter for my colleague the Minister for Finance.

Tribunals of Inquiry

Dara Calleary

Question:

88 Deputy Dara Calleary asked the Minister for Justice and Equality the position regarding the investigations by the Garda Síochána into the findings of the Moriarty tribunal report. [31616/11]

I am informed by the Garda authorities that the examination of the report referred to remains ongoing. The Deputy will appreciate that it would therefore be inappropriate for me to comment further at this time.

Ministerial Orders

Dara Calleary

Question:

89 Deputy Dara Calleary asked the Minister for Justice and Equality when he intends to sign the commencement order for sections 35-41 of the Civil Law (Miscellaneous Provisions) Act 2011; the reason for the delay in signing this order; and if he will make a statement on the matter. [31617/11]

Sections 35 to 41 of the Civil Law (Miscellaneous Provisions) Act 2011 (in relation to amendment of the Land and Conveyancing Law Reform Act 2009) commenced on the date of its passing i.e. 2 August 2011.

Proposed Legislation

Seán Crowe

Question:

90 Deputy Seán Crowe asked the Minister for Justice and Equality if his attention has been drawn to the fact that the Charities Act 2009 contains a definition of charitable organisation which differs to the definition contained in the Valuation Act 2001; if the Charities Act should have amended part of the Valuation Act; and if he will make a statement on the matter. [31646/11]

The definition of charitable organisation in the Charities Act 2009 defines charitable organisation for the purposes of that Act alone, as does the definition in the Valuation Act 2001. I am not aware of any practical difficulties that may have arisen as a consequence of the slightly different wording, but this is a matter I would be prepared to consider, in consultation with the relevant Minister, in the context of any future review of either Act.

Legal Aid Service

Robert Troy

Question:

91 Deputy Robert Troy asked the Minister for Justice and Equality the reason a person (details supplied) in County Westmeath was denied free legal aid for 20 years only to be granted same in 2010. [31666/11]

I wish to inform the Deputy that as the Legal Aid Board is a statutory, independent body in accordance with the Civil Legal Aid Act 1995. Any decision to grant or refuse legal aid is a matter for the Board. Furthermore, the solicitor/client relationship is protected by privilege in accordance with the terms of section 32 of the Civil Legal Aid Act 1995 and therefore the Board does not provide information to third parties regarding a person who may or may not be a client of the Board. I can however advise the Deputy that a person who is refused legal aid may appeal this decision to an Appeal Committee which is made up of non-executive members of the Board.

Tax Code

Anthony Lawlor

Question:

92 Deputy Anthony Lawlor asked the Minister for Justice and Equality the measures currently in place to monitor motor tax on vehicles; the way money offences were recorded in 2009, 2010 and to date in 2011; if plans are in place to improve the monitoring of such an offence; if so, the steps being taken; and if he will make a statement on the matter. [31668/11]

I am informed by the Garda authorities that offences relating to not having valid road fund tax for a vehicle being operated in a public place are dealt with by members of An Garda Síochána primarily by way of issuing a fixed charge notice for the offence of failing to display a current vehicle licence, contrary to sections 73(1) and 76 (as amended by section 63 of the Finance Act 1993) of the Finance Act 1976. In 2009, 2010 and 2011 to 2 October 192,642 fixed charge notices were issued by members of An Garda Síochána and local authority parking wardens for these offences.

Garda management keeps under constant review the monitoring of compliance by vehicle owners with the requirement of having valid road fund tax and adjusts its enforcement strategy as necessary. 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 statistics in relation to the total number of offences recorded dealt with by fixed charge notices or otherwise directly to the Deputy.

Child Protection

Michael Creed

Question:

93 Deputy Michael Creed asked the Minister for Justice and Equality if his attention has been drawn to the concerns being expressed regarding the high incidence of allegations of child sexual abuse in the context of family court proceedings; the sanctions he considers appropriate in the context of these proceedings when such allegations are proven to be untrue; and if he will make a statement on the matter. [31679/11]

Under the law as it stands the giving of false evidence in any court proceedings, including family law proceedings, is an offence punishable by imprisonment. While I have no specific proposals for reform at present, I will keep the operation of the law in family cases under review.

Sexual Offences

Robert Dowds

Question:

94 Deputy Robert Dowds asked the Minister for Justice and Equality if he is considering a sex offenders’ register or similar system; and if he will make a statement on the matter. [31682/11]

The Sex Offenders Act 2001 contains a number of provisions aimed at reducing the risk to the public from convicted sex offenders. These include a notification system, also known as the sex offenders' register. The Act requires convicted sex offenders to notify the Garda Síochána of their name and home address within 7 days of becoming subject to the notification requirement. Thereafter, offenders must notify the Gardaí of any subsequent change of name or address within 7 days of such change. Absences from and return to the State are required to be notified and the legislation also applies to sex offenders convicted outside the State.

The information on the register is not available to the public. In exceptional circumstances, appropriate information can be given to members of the public. Currently, this is done on an administrative basis but, subject to Government approval, I intend to put these arrangements on a statutory footing. The High Level Group which produced and published a discussion document on sex offenders was of the view that, if the Gardaí have reason to believe a particular high risk convicted sex offender poses a real and immediate danger, they should be free to tell individuals who need to know. Disclosure in such circumstances is perfectly reasonable.

Giving the general public unrestricted access to names and addresses on the sex offenders' register would be likely to be counter-productive. That kind of access would drive offenders underground and make it more difficult to monitor and supervise them. This was the universal view of those who responded to the discussion document and participated in the public forum on the management of sex offenders.

Judicial Appointments

Michael Creed

Question:

95 Deputy Michael Creed asked the Minister for Justice and Equality the procedure involved for the appointment of Commissioners for Oaths; and if he will make a statement on the matter. [31685/11]

I wish to inform the Deputy that as Minister I have no function in the appointment of Commissioners for Oaths which is entirely a matter for the Chief Justice to whom an application for such an appointment is made. However, I would draw the Deputy's attention to the Courts Service website www.courts.ie which contains an Information Note and other documentation relating to such appointments.

Crime Levels

Thomas P. Broughan

Question:

96 Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will provide the theft from vehicle crime statistics for the Garda R district of the Dublin region for the years 2008, 2009, 2010 and to date in 2011; the number of persons arrested and charged to date; the number of convictions secured to date; the additional steps gardaí in this district are taking to tackle same; and if he will make a statement on the matter. [31689/11]

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 statistics directly to the Deputy. Garda management keeps under constant review enforcement strategies for tackling theft from vehicles and adjusts those strategies as necessary in the light of developments.

Public Order Offences

Thomas P. Broughan

Question:

97 Deputy Thomas P. Broughan asked the Minister for Justice and Equality the additional steps being taken by gardaí to tackle the anti-social behaviour coming up to the Halloween period particularly in the Dublin region; and if he will make a statement on the matter. [31690/11]

I am informed by the Garda authorities that during the Halloween period appropriate policing measures are put in place in every Garda Division and District through Operation Tombola. Operational orders are prepared in every Garda Region, in particular in the Dublin Metropolitan Region and Border Divisions, to prevent and detect the organised importation for sale of fireworks and police the Halloween period generally. Persons suspected of engaging in the importation, supply or sale of fireworks are identified and targeted, including through intelligence-led operations and searches.

During the Halloween period, An Garda Síochána engages with local communities, local authorities and other stakeholders, such as Dublin Bus and the vintners' associations, in putting plans in place to address the issues that arise. Through the Schools Programme and other local programmes, members of An Garda Síochána deliver the message that fireworks are illegal and highlight the dangers associated with illegally imported fireworks. Gardaí have a liaison mechanism in place with local authorities for the removal of identified stockpiles of combustible materials in advance of Halloween. They also advise managers of off-licences to ensure that their staff are aware of their obligations and responsibilities under licensing legislation relating to the sale of alcohol, in particular to underage persons.

Proactive policing arrangements are in place in the period leading up to and during Halloween. Additional patrols are carried out by uniform personnel as part of high visibility policing initiatives, supported by plain clothes personnel, including District detective and drug units, Divisional crime task forces and Traffic Corps personnel and community policing and mounted bike units, supported by public order units as required. Patrols are directed to pay particular attention to areas where people tend to congregate and where the likelihood of both anti-social behaviour and drinking on the streets may occur. An Garda Síochána will utilise the strong legislative provisions in place to combat anti-social behaviour and the misuse of fireworks, including those in the Criminal Justice (Public Order) Acts 1994 and 2003, the Criminal Justice Act 2006 and the Intoxicating Liquor Act 2008.

Garda Investigations

Michael Healy-Rae

Question:

98 Deputy Michael Healy-Rae asked the Minister for Justice and Equality if it is true that senior gardaí have issued a directive to their members offering a free pass to persons engaged in petty crime, that is, persons caught for shoplifting, breaking into cars and so on, and that gardaí have been told not to prosecute in such cases despite the fact that they may possess cast iron evidence that a crime has been committed; and his views on this matter in view of the fact that persons deserve to know if such free passes are going to be given to these criminals which will ultimately lead to a breakdown of law and order in our society. [31705/11]

There is no question of An Garda Síochána offering a "free pass" to persons engaged in petty crime. If the Deputy is referring to the Garda Adult Cautioning Scheme, I should explain that the Scheme, which was commenced on 1 February, 2006, enables the processing of what is considered to be a minor offence committed by a person, over 18 years of age, with no previous convictions who admits to the offence.

It provides the option of dealing with such an offence, in those circumstances, by the administration of a caution by a senior Garda officer, as an alternative to prosecution in the District Court, where prosecution is not required by the public interest and it is determined that a caution would be an effective response. The list of offences in respect of which a caution may be administered has been drawn up in consultation with the Director of Public Prosecutions. The Scheme is kept under review by An Garda Síochána and the Director of Public Prosecutions. Prior to administering the caution, the public interest is taken into account. The views of the victim are also, if reasonably possible, sought.

Road Traffic Offences

Michael Healy-Rae

Question:

99 Deputy Michael Healy-Rae asked the Minister for Justice and Equality if he will urge all authorities with responsibility to publish their data on speed cameras, including the number of motorists caught at each location, accident rates and casualty rates; and if he will make a statement on the matter. [31708/11]

Michael Healy-Rae

Question:

100 Deputy Michael Healy-Rae asked the Minister for Justice and Equality with regard to speed cameras, if he will give a commitment that if they are located in an area in which the data shows that accidents are not being reduced and that they are only acting as a money raising measure, they will be removed from that location; and if he will make a statement on the matter. [31709/11]

Michael Healy-Rae

Question:

101 Deputy Michael Healy-Rae asked the Minister for Justice and Equality if he will provide a detailed breakdown of the revenue collected by each speed camera at each location throughout the country from the period they were first introduced up to 1 September 2011; and if he will make a statement on the matter. [31710/11]

I propose to take Questions Nos. 99 to 101, inclusive, together.

As part of the Road Safety Strategy 2007-2012 and the strategic goals of An Garda Síochána, a targeted approach to speed enforcement is undertaken in order to significantly reduce the incidence of fatal and serious injuries and improve road safety. As part of this approach, in November, 2009 a contract was concluded for the provision of an outsourced safety camera network to An Garda Síochána, as excessive or inappropriate speeding is a major factor in road traffic collisions and fatalities. In addition, An Garda Síochána operates eight mobile speed detection vans.

I am informed by the Garda authorities that, in preparation for the roll out of the network, An Garda Síochána, in conjunction with the National Roads Authority, carried out an extensive analysis of the collision history of the road network, as a result of which sections of road were identified where a significant proportion of collisions where speed was deemed the primary contributory factor occurred. Based on this analysis, a list of speed enforcement zones has been developed, with the aim of providing information to motorists in order to raise awareness of the danger of speeding in these zones. An Garda Síochána utilises this information to direct speed enforcement activity in a proportionate and targeted manner. Information on the location of these speed enforcement zones is publicly available, including on the Garda website www.garda.ie. The service provider carries out enforcement with vans which are marked with high visibility reflective material and display safety camera symbols at the predetermined zones.

Surveys are conducted on an ongoing basis to ensure the appropriate deployment of safety cameras on roads which are identified as being subject to inappropriate speed and where fatal and injury collisions occur. The service provider is paid on the basis of enforcement and survey hours worked, and the rates of payment are not linked in any way to the number of detections made. For operational reasons, An Garda Síochána does not publish data in respect of speeding detections made at specific locations.

Legal Aid Service

Jack Wall

Question:

102 Deputy Jack Wall asked the Minister for Justice and Equality the position regarding an application for assistance through the free legal advice centre to permit a person (details supplied) to care for their two children under the Zambrano judgment; and if he will make a statement on the matter. [31740/11]

I wish to inform the Deputy that under the Civil Legal Act 1995, as passed by the Oireachtas, the Legal Aid Board is independent in the operation of its functions and any decision to grant or refuse legal aid is a matter for the Board.

At the outset, I wish to clarify for the Deputy that the Legal Aid Board provides ‘legal aid' and not ‘free legal aid'. The vast majority of persons receiving services from the Board pay a small financial contribution. I also wish to clarify that the Board provides services through, inter alia, law centres. However, FLAC (Free Legal Advice Centres) is an non-governmental organisation and is not connected to the Board in any way.

Finally, the Deputy may wish to note that the solicitor/client relationship is protected by privilege in accordance with the terms of section 32 of the Civil Legal Aid Act 1995 and therefore the Board does not provide information to third parties regarding a person who may or may not be a client of the Board. I can however advise the Deputy that a person who is refused legal aid may appeal this decision to an Appeal Committee which is made up of non-executive members of the Board.

Citizenship Applications

Finian McGrath

Question:

103 Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding naturalisation in respect of a person (details supplied); and if he will make a statement on the matter. [31755/11]

I refer the Deputy to my reply to Parliamentary Question No. 129 on 6 October, 2011. The position remains as stated.

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 November, 2009.

The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

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.

On the processing of naturalisation applications generally, the Deputy may be aware that I have introduced a series of measures within my Department to provide for speedier processing of citizenship applications to bring about a substantial reduction in the processing timescale and in particular to address the backlog of applications awaiting a decision.

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.

Defence Forces Strength

Thomas P. Broughan

Question:

104 Deputy Thomas P. Broughan asked the Minister for Defence the number of persons recruited into the Army, the Naval Service and the Air Corps for the years 2007, 2008, 2009, 2010 and to date in 2011; and if he will make a statement on the matter. [31691/11]

The number of persons who were recruited into the Army, Naval Service and Air Corps for the years 2007, 2008, 2009, 2010 and to date in 2011 is as follows:

Army

Naval Service

Air Corps

Total

2007

478

87

0

565

2008

441

66

0

507

2009

0

0

0

0

2010

77

38

0

115

2011 (to date)

215

35

40

290

Recruitment to the Permanent Defence Force was suspended in late 2008 pending a review of the best means by which to achieve the reduction of 3% in payroll costs that had been applied, in common with other areas of the public service, to the Defence Forces. The present position is that, within the context of consolidating the public finances, the Government is focused firmly on maintaining the operational efficiency of the Defence Forces. To this end, targeted recruitment was carried out in 2010 and is continuing in 2011.

Given the particular circumstances of the Defence Forces it is my intention that targeted recruitment will continue within the resource envelope allocated to Defence for 2012. With the support of the Chief of Staff, and within the available resources, I intend to retain the capacity of the Defence organisation to operate effectively across all roles, while contributing to the necessary public service economies. I am advised that at this time the Defence Forces retain the capacity to undertake the tasks laid down by Government both at home and overseas.

Defence Forces Personnel

Bernard J. Durkan

Question:

105 Deputy Bernard J. Durkan asked the Minister for Defence the current position in regard to army overholders with particular reference to meeting their housing requirements via local authorities; and if he will make a statement on the matter. [31716/11]

At present there are 49 overholders living in Defence Forces married quarters at various locations. Personnel are obliged, under Defence Force Regulations, to vacate married quarters within a specified period of being discharged from the Permanent Defence Force. The securing of alternative housing is a matter for the individuals concerned in the first instance. If personnel are not in a position to secure housing in their own right they should make application to their local authority outlining their requirements. My Department is available to assist whenever possible in ensuring that the authorities are aware of the requirements of individuals when vacating military quarters, if required to do so.

The discontinuance of married quarters, including cases of overholding, in an orderly and managed way continues to be the policy of my Department. The implementation of that policy will, over time, require overholders to vacate the properties now being occupied by them.

Defence Forces Equipment

Bernard J. Durkan

Question:

106 Deputy Bernard J. Durkan asked the Minister for Defence his plans, if any, to ensure the ongoing upgrading and updating of equipment for the Defence Forces notwithstanding the economic situation; and if he will make a statement on the matter. [31717/11]

In the current economic situation, the acquisition of defensive equipment takes place on a strictly prioritised basis to ensure that the Defence Forces can carry out their roles at home and overseas. A particular focus is maintained on ensuring that modern and effective equipment is available for overseas peace support operations as is the case with the UNIFIL deployment in Lebanon.

Investment in new equipment and upgrading of existing equipment for the Defence Forces is provided for under various Subheads of the Defence Vote relating to defensive equipment, mechanical transport, aircraft, Naval Service ships and stores, communications and Information Technology equipment. The provision for defensive equipment for 2011 allows for the acquisition of a restricted range of priority equipment such as Chemical Detection Equipment, Body Armour, Force Protection Equipment, Rifle enhancement and Communication Equipment in order to maintain the Defence Forces capabilities. The 2011 provision also allows for the acquisition of ammunition needed to maintain stocks given the training and overseas requirement throughout the year.

The acquisition of new equipment for the Defence Forces and the upgrade of equipment in service are matters that will be kept under continuous review. It is, however, imperative that the Department and the Defence Forces look to whatever efficiencies can be made taking into account the current difficult economic environment and the overall financial envelope available to the Department. The priority in the coming years will be on maintaining the capability of the Defence Forces to deliver effective services across all of the roles assigned by Government.

Defence Forces Personnel

Bernard J. Durkan

Question:

107 Deputy Bernard J. Durkan asked the Minister for Defence the total number of personnel in the Army, Naval Services and Air Corps who have retired in the current year or are due to retire in 2012; the extent to which it is intended to replace such retirements; and if he will make a statement on the matter. [31718/11]

The number of personnel who have left the Permanent Defence Force broken down by Army, Naval Service and Air Corps to date in 2011 is contained in table 1 below. The total number of personnel due to retire on age grounds from the Permanent Defence Force during the remainder of 2011 and in 2012 are contained in table 2 below. It is not possible to estimate how many personnel will leave the Permanent Defence Force for reasons other than age during this period.

Table 1. Personnel who have left the PDF to date in 2011

Service

Officers

NCO

Pte

Recruit

Cadet

Total

Army

40

101

176

38

1

356

Naval Service

3

34

35

3

2

77

Air Corps

7

23

13

2

0

45

Total

50

158

224

43

3

478

Table 2. Anticipated PDF retirements on age grounds from 26/10/2011 to 31/12/2012

Service

Officers

NCO

Pte

Total

Army

36

36

10

82

Naval Service

1

2

0

3

Air Corps

2

0

1

3

Total

39

38

11

88

I am advised that the Defence Forces retain the capacity to undertake the tasks laid down by Government both at home and overseas. I have also made it clear that I will endeavour to ensure that the Defence Forces are organised, equipped and staffed so that they retain the operational capability to deliver the services required of them by the Government.

The Government is currently undertaking a Comprehensive Review of Expenditure and my Department has submitted a report as part of that process. The Government's decisions arising from the Comprehensive Review of Expenditure will further inform the resource envelope available for Defence over the coming years and the priorities within Defence. Delivering public services within a reduced resource envelope is a key challenge facing the entire public service.

Bernard J. Durkan

Question:

108 Deputy Bernard J. Durkan asked the Minister for Defence the extent to which he has had discussions with the various representative bodies in the Defence Forces with a view to ensuring the smooth and uninterrupted operation of the services even in the context of the ongoing economic climate; and if he will make a statement on the matter. [31719/11]

Bernard J. Durkan

Question:

111 Deputy Bernard J. Durkan asked the Minister for Defence the extent to which he has had discussions with the various representative bodies within the Defence Forces with particular reference to issues with which such bodies have expressed concerns; his response to any such concerns; and if he will make a statement on the matter. [31723/11]

I propose to take Questions Nos. 108 and 111 together.

Since taking up office as Minister for Defence, in March, I have met with each of the Defence Forces Representative Associations. On 8 April 2011, I met with both the Representative Association of Commissioned Officers (RACO) and the Permanent Defence Force Other Ranks Representative Association (PDFORRA). At these meetings the Associations raised with me the issues of concern to their members. In that regard, among other issues, we discussed the Croke Park Agreement, the implementation of the Employment Control Framework, the reorganisation of the Defence Forces, the reduction in the numbers serving in the Defence Forces and the importance of ongoing targeted recruitment and the filling of vacancies in the command structure so as to maintain essential Defence Forces operations and capabilities. On 6 May 2011, I met with Reserve Defence Forces Representative Association (RDFRA) who outlined their concerns in relation to recruitment and promotion within the RDF so as to maintain its operational capability.

At these meetings, I outlined the very difficult decisions facing the new Government in the context of the extremely adverse economic and financial environment facing the country. I also acknowledged the major contribution which the Defence Sector has already made to the process of budgetary adjustment to secure economic recovery and renewal. In the context of the resource constraints we face, the Public Service Agreement 2010-2014 (Croke Park) is a key enabler of change and modernisation in the whole of the public service, including the Defence Forces. The Croke Park Agreement enables the Defence Forces to continue to deliver essential services and operational outputs within a reduced resource envelope. I acknowledged that implementation of the Agreement by all personnel in the Defence Forces is vital to enable the ongoing modernisation and maintenance of the Defence Organisation.

All meetings were conducted in a very positive and constructive manner. I confirmed to the Associations that I was committed to maintaining the essential capabilities of the Defence Forces within the resource envelope available. I also assured them of my commitment to Defence Forces participation in international peace support operations and my understanding of the importance of such operations to maintaining military capability and the professional development of the Defence Forces. I recognised the important contribution which the Associations can make to the ongoing modernisation of the Defence Forces. Despite the difficult circumstances we face, it is important that we engage all stakeholders in the process of reform and transformation and address, as far as we can, the concerns of those effected by the difficult decisions required. I advised the Associations that they could seek to meet me at any time on issues of concern to them and assured them that my officials would continue to engage pro-actively with them through the various consultative arrangements already in place.

My officials meet with RACO and PDFORRA on a fortnightly basis in relation to Croke Park implementation. They also meet regularly in various committee and council meetings under the Defence Forces Conciliation and Arbitration Scheme. My officials also meet with RDFRA as required. Obviously, members of the Defence Forces can also transmit their concerns through the operational chain of command. I am regularly briefed by my officials and by the military authorities including on ongoing progress on the modernisation agenda and the issues and concerns of the Associations.

I am satisfied that there are sufficient and robust systems in place within the Defence Organisation to ensure that issues of concern to members of the Defence Forces are brought to my attention, as appropriate.

Bernard J. Durkan

Question:

109 Deputy Bernard J. Durkan asked the Minister for Defence the number of female members of the Defence Forces who have retired in the current year or are due to retire in 2012; the extent to which these are likely to be replaced at all levels; and if he will make a statement on the matter. [31721/11]

A total of 19 female personnel have left the Permanent Defence Force in 2011. There are no female members of the Permanent Defence Force due to retire on age grounds during the remainder of 2011 or in 2012. It is not possible to estimate how many female personnel will leave the Permanent Defence Force for reasons other than age during this period. I have made clear that I will endeavour to ensure that the Defence Forces are organised, equipped and staffed so that they retain the operational capability to deliver the services required of them by the Government. To that end, and within the resource envelope available for Defence, there is an ongoing programme of investment in necessary equipment and targeted recruitment and promotion to maintain the essential capabilities of the Defence Forces. I am advised at this time that the Defence Forces retain the capacity to undertake the tasks laid down by Government both at home and overseas.

Defence Forces Recruitment

Bernard J. Durkan

Question:

110 Deputy Bernard J. Durkan asked the Minister for Defence the number of positions to be filled currently in the Defence Forces at all ranks; and if he will make a statement on the matter. [31722/11]

The Employment Control Framework (ECF) for the Defence Forces is based on a figure of 10,000 all ranks, appropriately configured across the Army, Naval Service and Air Corps to enable them meet the roles assigned by Government. The number of positions by rank in the Permanent Defence Force as of 30 September 2011 currently waiting to be filled, as compared with the Employment Control Framework for the Permanent Defence Force, is outlined in the attached tabular statement. Currently, a new non-commissioned officer promotion scheme is being finalised with the Permanent Defence Force Other Ranks Representative Association (PDFORRA) under the Croke Park Agreement. Once finalised, promotion competitions for enlisted personnel will be carried out to fill key posts. Officials from the Department together with the Military Authorities are also `in the process of reviewing the structures and posts required to meet the operational requirements of the Permanent Defence Force in accordance with the upper limits in ranks provided for in the ECF. Any future promotions will of course be subject to a final decision on the estimates for Defence. In this regard the Government is currently undertaking a Comprehensive Review of Expenditure and this will inform the resource envelope available for Defence over the coming years and the priorities within Defence.

Strength of the Permanent Defence Force, as at 30th September, 2011 as compared with ECF figures

LTGEN

MAJGEN

BRIGGEN

COL

LTCOL

COMDT

CAPT/LT

SM/ BQMS

CS/ CQMS

SGTS/ CPLS

PTES/ CADETS

TOTAL

Strength at 30 September 2011

1

1

7

35

131

330

827

75

421

2,987

4,643

9,458

ECF

1

2

9

43

152

370

774

96

540

3,250

4,763

10,000

Vacancies by rank

-1

-2

-8

-21

-40

+53

-21

-119

-263

-120

-542

Posts held for possible overseas appointments

1

2

4

15

22

Net Vacancies by rank

0

0

-1

-6

-17

-25

+53

-21

-119

-263

-120

-520

Question No. 111 answered with Question No. 108.

Departmental Properties

Bernard J. Durkan

Question:

112 Deputy Bernard J. Durkan asked the Minister for Defence the total receipts accruing from the various military installations closed down by his predecessors over the past number of years; the degree to which the anticipated value has been achieved by way of disposal or otherwise; and if he will make a statement on the matter. [31724/11]

On 15 July 1998 the then Government approved a programme of the closure and sale of six barracks considered surplus to military requirements. The barracks in question were located at Ballincollig, Fermoy, Naas, Castleblayney, Kildare, and Islandbridge, Dublin.The sale of 97 acres approximately at Murphy Barracks, Ballincollig was completed in 2003 for a total of €42 million. The bulk of the lands were purchased by O'Flynn Construction. The sale of a site comprising c.2.7 acres to the Southern Health Board for €1.73 million was completed in December 2004 and the sale of a further site comprising c.1.7 acres to the HSE South for a consideration of €1.1 million approximately was completed shortly thereafter. A half-acre site is being transferred to the Office of Public Works (OPW) for a consideration of €1.45 million to facilitate extension of the existing Garda Station located on Main Street, Ballincollig. As was agreed at the time of the closure and sale of Murphy Barracks, an area comprising approximately 27 acres of the property was transferred to Cork County Council for community use. An area comprising 19 acres approximately at the former Fitzgerald Camp, Fermoy, was sold to Cork County Council in 2001 for close to €1 million for economic development of the site in conjunction with the IDA.

Castleblayney Military Post, Co. Monaghan, comprising c. 10 acres, was sold to the North Eastern Health Board for approximately €0.8 million in 2002.

An area comprising 7 acres approximately at Devoy Barracks, Naas, Co. Kildare, was ceded free of charge to Naas Urban District Council, while a further 14 acres were sold to that authority for €8.9 million approximately. The balance of the Barracks lands — one acre — was sold to Kildare County Council for approximately €0.4 million in 2002. Clancy Barracks, Dublin, comprising 13.6 acres approximately, was sold to Florence Properties Ltd. for €25.4 million in 2004. The value of sales/disposals completed to date, in respect of the aforementioned five barracks is in the region of €80 million. The Government decided on 1st July 2003 that the former Magee Barracks in Kildare Town would be among the State lands released for inclusion in the Sustaining Progress Affordable Housing Initiative. On foot of this announcement Kildare County Council prepared a local area plan for the site, which encompassed a range of uses including community activities. However, in 2009, the local authority contacted the Department to state that it no longer wished to proceed with the development and had no interest in taking formal ownership of the property. The property will be disposed of by the Department, taking account of the market conditions, so as to maximise the return to the Defence Forces. In the Budget of October 2008 the closure of Longford and Monaghan Barracks, Rockhill House (Letterkenny), Lifford Military Post and St. Bricin's Hospital Dublin was announced. The sale of Monaghan to the local VEC for €3.1m was completed on 24 August 2010 while the sale of part of Longford to the VEC for €0.95m was completed on 16 July 2010. The position with Lifford and Rockhill is that discussions are at an advanced stage with Donegal County Council on the basis of them acquiring both premises over a 3-4 year period. Longford County Council has expressed some interest in acquiring Connolly Barracks and discussions with the Council are at a preliminary stage in this regard.

The closure of St. Bricin's Hospital was linked to the decentralisation programme. It cannot be progressed until issues arising from the cancellation of the transfer under that programme, of Defence Forces Headquarters to the Curragh, have been addressed.

The total realised to-date in terms of sales of surplus property is €84m approx. This, together with income from the sale of other smaller military properties and married quarters has been re-invested in providing equipment and infrastructure for the Defence Forces.

Defence Forces Strength

Bernard J. Durkan

Question:

113 Deputy Bernard J. Durkan asked the Minister for Defence the current strength of the Air Corps, male and female, all ranks; the degree to which this is sufficient to meet all eventualities in the short and medium term; and if he will make a statement on the matter. [31725/11]

Bernard J. Durkan

Question:

114 Deputy Bernard J. Durkan asked the Minister for Defence the current strength of the Naval Service, male and female, all ranks; the degree to which this is sufficient to meet all eventualities in the short and medium term; and if he will make a statement on the matter. [31726/11]

Bernard J. Durkan

Question:

115 Deputy Bernard J. Durkan asked the Minister for Defence the current strength of the army, male and female, all ranks; the degree to which this is sufficient to meet all eventualities in the short and medium term; and if he will make a statement on the matter. [31727/11]

I propose to take Questions Nos. 113 to 115, inclusive, together.

I am advised by the Military authorities that the total strength of the Defence Forces at 30 September 2011, the latest date for which figures are available was 9,458, comprising 7,666 Army, 784 Air Corps and 1,008 Naval Service personnel. A comprehensive breakdown of the total strength of each branch of the Defence Forces across all ranks by gender, is provided in the attached tabular statement.

I am advised that the Defence Forces retain the capacity to undertake the tasks laid down by Government both at home and overseas. I have also made it clear that I will endeavour to ensure that the Defence Forces are organised, equipped and staffed so that they retain the operational capability to deliver the services required of them by the Government.

The Government is currently undertaking a Comprehensive Review of Expenditure and my Department has submitted a report as part of that process. The Government's decisions arising from the Comprehensive Review of Expenditure will further inform the resource envelope available for Defence over the coming years and the priorities within Defence. Delivering public services within a reduced resource envelope is a key challenge facing the entire public service.

Bernard J. Durkan

Question:

116 Deputy Bernard J. Durkan asked the Minister for Defence the current strength of the Defence Forces Reserve, Army, Naval Service and Air Corps; the degree to which the numbers have fluctuated in the past five years; and if he will make a statement on the matter. [31728/11]

I am advised by the military authorities that the strength of the Army Reserve and the Naval Service Reserve at 30 September 2011, the latest date for which figures are available, was 5,362. There were 5,107 personnel in the Army Reserve, 31 personnel in the Reserve Defence Force Training Academy and 224 personnel in the Naval Service Reserve. The strength of the Army Reserve and the Naval Service Reserve at 31 December in each of the years 2006-2010 is contained in the table.

Year

Strength

2006

9,134

2007

8,408

2008

7,671

2009

6,644

2010

6,083

I am aware that the numbers in the Reserve have declined over recent years. The total strength of the Reserve includes personnel who are categorised as effective and non-effective. As provided for in Defence Forces Regulation R5, personnel are removed from the effective strength of their Units and are placed on the non-effective list primarily for failure to meet minimum training requirements. These personnel remain liable for call out on permanent service or service in Aid to the Civil Power. Since 2004, with the role of the RDF Review Implementation Plan, the military authorities have increased their efforts to ensure that only those members who meet the requirements remain on the effective list. The number of personnel recruited to the Army Reserve and the Naval Service Reserve is dependent on funding being available for training. The Deputy will appreciate that there would be little point recruiting personnel if it is not feasible to provide for their training. The funds available for paid training days have reduced from €4.96 million in 2009 to €2.48 million in 2011. This allows for the recruitment of 200 recruits in 2011 whilst providing training for existing members of the Reserve (based on uptake of paid training over recent years).

This level of recruitment was agreed with the Military Authorities, having regard to the requirement to maintain the existing capabilities of the Reserve to the greatest extent possible.

The Deputy will be aware that there is a Value for Money Review of the Reserve Defence Force ongoing along with a Comprehensive Review of Expenditure (CRE). The resource envelope within which the Defence Organisation will have to operate from will be determined as a result of the CRE process. This will in turn impact upon the resources available to the Reserve. Any options/recommendations arising from the Value for Money Review report will have to be considered with due regard to the available resource envelope following the CRE.

Animal Diseases

Nicky McFadden

Question:

117 Deputy Nicky McFadden asked the Minister for Agriculture, Food and the Marine the advice he will provide for farmers who purchase cattle stock from other EU countries, specifically in regard to the health status of animals and securing sales outlets; and if he will make a statement on the matter. [31606/11]

Under Single Market rules, 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.

6,680 cattle were imported into Ireland in the period from July 1st 2011 to date. 2,968 of these were animals imported from Northern Ireland for direct slaughter. There is no legal impediment to the slaughter of imported animals in factories here but this is a commercial decision for the factory concerned. Under beef labelling rules, the member state(s) of birth, rearing and slaughter must be declared.

Tax Reliefs

Nicky McFadden

Question:

118 Deputy Nicky McFadden asked the Minister for Agriculture, Food and the Marine the tax reliefs currently available to young farmers; and his views on the importance of a tax system that is favourable to new entrants starting out in the farming sector. [31607/11]

The current Irish taxation system provides a number of reliefs specifically for young trained farmers. The main reliefs are

100% stamp duty relief on transfers of agricultural land and buildings to young trained farmers;

100% stamp duty relief on land purchased by young trained farmers; and

100% stock relief for young trained farmers.

To qualify for these reliefs a farmer must:

a) be under 35 years of age on the date of execution of the deed of transfer and

b) have attained one of the necessary qualifications and, where required, is the holder of the appropriate certificate(s) awarded by the Further Education and Training Awards Council (FETAC) in respect of Teagasc approved training courses.

There are a number of other conditions imposed by the Revenue Commissioners, who have primary responsibility for administering these reliefs.

Young farmers can of course also avail of other tax reliefs that benefit the general farming sector. These include

rental income exemption thresholds to encourage the long-term leasing of farmland;

Agricultural relief from Capital Acquisitions Tax;

Capital Gains Tax retirement relief; and

Tax relief on the dissolution of farm partnerships.

These reliefs are again primarily the responsibility of the Revenue Commissioners and the Minister for Finance. I want to encourage more young people to become involved in farming and I am delighted to see the renewed interest in the sector. I will continue to encourage new entrants, greater use of farm partnerships and the timely transfer of farms to the younger generation.

Grant Payments

Paul Connaughton

Question:

119 Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the reason the single farm payment for 2011 has not been paid to a person (details supplied) in County Galway; and if he will make a statement on the matter. [31628/11]

An application under the 2011 Single Payment Scheme was received from the person named on 16 May 2011, processing of which is now complete, thereby allowing payment to issue on 25 October 2011.

Paul Connaughton

Question:

120 Deputy Paul J. Connaughton asked the Minister for Agriculture, Food and the Marine the reason the single farm payment for 2011 has not been paid to a person (details supplied) in County Galway; and if he will make a statement on the matter. [31629/11]

An application under the 2011 Single Payment Scheme was received from the person named on 12 May 2011, processing of which is now complete, thereby allowing payment to issue on 25 October 2011.

Mattie McGrath

Question:

121 Deputy Mattie McGrath asked the Minister for Agriculture, Food and the Marine when a single farm payment will issue in respect of a person (details supplied) in County Tipperary; the reason for the delay; and if he will make a statement on the matter. [31638/11]

An application under the 2011 Single Payment Scheme was received from the person named on 9 May 2011, processing of which has recently been completed, thereby allowing payment under the Scheme to issue on 25 October 2011.

Patrick O'Donovan

Question:

122 Deputy Patrick O’Donovan asked the Minister for Agriculture, Food and the Marine the position regarding the single farm payment in respect of a person (details supplied) in County Wexford; when he expects payment will issue; and if he will make a statement on the matter. [31652/11]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 12th May 2011.

This application was selected for and was the subject of a Ground Eligibility 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.

Fishing Industry Development

Charlie McConalogue

Question:

123 Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the reason Killybegs port, County Donegal, has not been approved as a designated port for the landing of herring caught in the Celtic Sea; and if he will make a statement on the matter. [31658/11]

The ports of landing designated for herring from the Celtic Sea fishery have traditionally been ports on the South Coast. Recently a request has been received to consider the designation of Killybegs and Rossaveal for the landing of this stock. This request has been referred to the Celtic Sea Herring Management Advisory Committee for it's views on the request.

The Celtic Sea Herring Management Advisory Committee (CSHMAC) has been in place for a number of years to advise the Minister on the management arrangements for the stock. This Committee comprises representatives of industry and processors and is chaired by the Irish South and West Fish Producers Organisation (IS&WFPO). The Department is not represented on the Committee nor is any other State agency. However, the Marine Institute advises the Committee from time to time on scientific issues relating to the stock and was very involved with the Committee in the preparation of a Rebuilding Plan for the Stock which was accepted by the Minister and submitted to the EU Commission.

When the Committee has considered the request and communicated it's views I will come to a determination on the matter, based on a number of factors, including the views of the CSHMAC.

Milk Quota

Jim Daly

Question:

124 Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine the position regarding the allocation of additional milk quota in respect of a person (details supplied). [31664/11]

Allocations of milk quota from the National Reserve are granted on the basis of recommendations from the Milk Quota Appeals Tribunal. The Tribunal examines and makes recommendations on applications for additional quota from individual producers. The person named submitted an application to the Tribunal seeking an allocation of additional quota under the Hardship category. This application was examined on 23rd August 2011. The Tribunal did not recommend an allocation of additional quota on this occasion. The person named has been notified of the outcome.

Grant Payments

Mattie McGrath

Question:

125 Deputy Mattie McGrath asked the Minister for Agriculture, Food and the Marine when a single farm payment will be issued to a person (details supplied) in County Tipperary; the reason for the delay; the reason there is such a delay when maps were digitised last year; and if he will make a statement on the matter. [31669/11]

An application under the 2011 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 3 May 2011, following processing of which an over-claim on one of the parcels declared by the person named was identified. The person named has been written to regarding the matter and responded on 25 October. The application will now be further processed with a view to appropriate payment issuing at an early date.

Mattie McGrath

Question:

126 Deputy Mattie McGrath asked the Minister for Agriculture, Food and the Marine when a single farm payment will issue to a person (details supplied) in County Tipperary; the reason for the delay; and if he will make a statement on the matter. [31675/11]

An application under the 2011 Single Payment Scheme was received from the person named on 14 April 2011, following processing of which an over-claim on one of the parcels declared by the person named was identified. The person named has been written to regarding the matter and responded on 25 October. The application will now be further processed with a view to appropriate payment issuing at an early date.

Direct Payment Schemes

Denis Naughten

Question:

127 Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine if he will review the policy of directing single farm payments via garnishee orders in view of the fact that this is a direct European Commission payment to support farm incomes and production; and if he will make a statement on the matter. [31700/11]

A garnishee order is an order obtained by a third party and directed at a Minister for his compliance. It requires the Minister to pay any monies due to a debtor directly to that third party. Compliance with such a court order is not a matter of policy for a Minister to exercise at his discretion, but something he is legally compelled to do. If a Minister was not to comply with such a court order he could be held in contempt of court.

Accordingly, I have no option but to continue the practice of redirecting payments under the Single Payment Scheme where required to do so by garnishee order.

Common Agricultural Policy

Michael Healy-Rae

Question:

128 Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine the position regarding farm entitlements (details supplied); and if he will make a statement on the matter. [31702/11]

While it is too early at this stage to comment on the specific circumstances of the person named, as the EU Commission's CAP post-2013 proposals have only recently been published, I anticipate very detailed discussions before the final shape of agreement becomes clear. I would strongly advise farmers to be particularly cautious about making decisions based on the published proposals, as the past experience has been that proposals are altered during the negotiating process.

Since taking office, I have engaged actively with the Commission and the European Parliament to put Ireland's case and I have worked, in particular, to build up alliances with like-minded Member States to ensure a successful outcome for Ireland to these negotiations that will underpin the future development and prosperity of this vitally important sector. I am fully committed to continuing this work.

Grant Payments

Michael Moynihan

Question:

129 Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine the position regarding a single farm payment in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [31738/11]

An application under the 2011 Single Payment Scheme was received from the person named on 27 April 2011, following processing of which an over-claim on one of the parcels declared by the person named was identified. The person named has been written to 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.

Medical Cards

Patrick O'Donovan

Question:

130 Deputy Patrick O’Donovan asked the Minister for Health if a person (details supplied) in County Limerick who has been approved for a medical card may have it backdated to when they first applied to cover the cost of medical expenses incurred while the application was being processed; and if he will make a statement on the matter. [31615/11]

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

Health Services

Paul Connaughton

Question:

131 Deputy Paul J. Connaughton asked the Minister for Health the reason the Health Service Executive has discontinued payment to persons (details supplied) in County Galway; and if he will make a statement on the matter. [31596/11]

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

Question:

132 Deputy Michael P. Kitt asked the Minister for Health his plans to provide a personal assistant to persons with muscular dystrophy; and if he will make a statement on the matter. [31600/11]

Question:

134 Deputy Michael P. Kitt asked the Minister for Health his plans for regular physiotherapy services in respect of persons with muscular dystrophy; the number of persons with muscular dystrophy who receive physiotherapy; the number who have no service at all; if essential equipment is available for them within a reasonable waiting time; and if he will make a statement on the matter. [31602/11]

I propose to take Questions Nos. 132 and 134 together.

The Health Service Executive provides specialist health and personal social services to people with a disability including those with muscular dystrophy. In 2011 expenditure on specialist disability services is in excess of €1.5 billion. Those services and supports include, but are not limited to, personal assistance/supports, physiotherapy and aids and appliances.

I have arranged for the Deputy's question to be referred to the Health Service Executive for direct reply to the Deputy.

Medical Cards

Question:

133 Deputy Michael P. Kitt asked the Minister for Health his plans to issue medical cards to every person with muscular dystrophy, due to the higher need for medical interventions; and if he will make a statement on the matter. [31601/11]

Under the provisions of the Health Act 1970, medical cards are provided to persons who, in the opinion of the Health Service Executive, are unable without undue hardship to arrange general practitioner medical and surgical services for themselves and their dependants. The assessment for a medical card is based on the means of the applicant and his/her dependants.

At the request of my colleague Dr James Reilly, Minister for Health, the HSE recently set up a clinical panel to assist in the processing of applications for discretionary medical cards where there are difficult personal circumstances. This should be of particular benefit to persons diagnosed with muscular dystrophy whose income is in excess of the standard income guidelines.

It is of course the Government's intention to extend free GP services to the entire population during the course of this Government.

Question No. 134 answered with Question No. 132.

Patrick O'Donovan

Question:

135 Deputy Patrick O’Donovan asked the Minister for Health the position regarding a medical card application in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [31640/11]

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

Hospital Waiting Lists

Denis Naughten

Question:

136 Deputy Denis Naughten asked the Minister for Health further to his parliamentary reply to a Topical Issue debate of 29 September 2011, when children will be treated at the urgent care centre in Roscommon County Hospital; and if he will make a statement on the matter. [31648/11]

The issue raised by the Deputy is currently being considered by the HSE.

Sean Conlan

Question:

137 Deputy Seán Conlan asked the Minister for Health the reason a person (details supplied) in County Monaghan has not yet received an appointment for an audiology assessment; and if he will make a statement on the matter. [31649/11]

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

John McGuinness

Question:

138 Deputy John McGuinness asked the Minister for Health if a medical card will be issued in view of the medical circumstances of a person (details supplied) in County Kilkenny. [31653/11]

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

Hospital Waiting Lists

Ciaran Lynch

Question:

139 Deputy Ciarán Lynch asked the Minister for Health if an appointment for April 2013 in respect of a person (details supplied) in County Cork in the ophthalmology department at Cork University Hospital will be brought forward in view of the debilitating condition; and if he will make a statement on the matter. [31660/11]

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

Maureen O'Sullivan

Question:

140 Deputy Maureen O’Sullivan asked the Minister for Health if his attention has been drawn to the fact that the new regulations he issued under the Health (Changes for In-Patient Services) (Amendment) Regulations 2011 has meant a considerable increase in the weekly accommodation charge for those living in Health Service Executive hostels; and if he will make a statement on the matter. [31661/11]

Provision of quality public long term care is expensive and it is fair and equitable that those in receipt of such care should pay towards its cost in accordance with their means. The funding derived from charges is directly applied by the HSE towards the provision of health services.

The Health (Amendment) Act 2005 and the subsequent Health (Charges for In-Patient Services) Regulations 2005 as amended by the (Health Charges for In-patient Services) (Amendment) Regulations 2011 provide the legislative basis for long stay charges. Under the legislation the maximum weekly charge cannot exceed 80% of the maximum rate of the weekly State Pension (non-contributory). The legislation provides for two different classes of person for the purpose of levying a charge:

Class 1 — those receiving in-patient services on premises where 24 hour nursing care is provided currently pay charges based on income but subject to a maximum of €175 per week (the maximum weekly charge payable by those in this class prior to the revision of charges from 23 July 2011 was €153.25) and

Class 2 — those receiving in-patient services on premises where 24 hour nursing care is not provided pay charges based on income but subject to a maximum of €130 per week (the maximum weekly charge payable by those in this class prior to the revision of charges from 23 July 2011 was €114.95).

The new maximum charge for Class 1 (€175.00) represents just under 80% of the weekly State Pension (non-contributory) while the new maximum rate for Class 2 (€130.00) represents almost 60%. These revisions were reasonable in light of increases in the rate of the State Pension (non-contributory) since the charges were last increased in January 2009 and were structured to ensure that those paying charges retain a minimum income for personal use i.e. at least €33 per week for those paying Class 1 rates and at least €64 per week for those paying Class 2 rates.

Section 53(4) of the Health Act 1970, as amended, provides that the HSE may reduce or waive a charge imposed on a person in order to avoid undue financial hardship to that person. To assist in the fair application of the provisions of the Act and the related Regulations, the HSE has developed national guidelines for the determination and levying of charges for in-patient services, which include the need to have regard to the income of the person, the provisions of the Regulations and the patient's individual circumstances.

Care of the Elderly

Paudie Coffey

Question:

141 Deputy Paudie Coffey asked the Minister for Health further to Parliamentary Questions Nos. 559 and 560 of 15 June 2011, if he will provide an update of the review of the care and welfare regulations in designated centres with a particular focus on supported care homes; and if he will make a statement on the matter. [31670/11]

Paudie Coffey

Question:

142 Deputy Paudie Coffey asked the Minister for Health if he will quantify the number of care homes that are not nursing homes that have requested a review of the care and welfare regulations in designated care centres; and if he will make a statement on the matter. [31671/11]

I propose to take Questions Nos. 141 and 142 together.

My Department has initiated a review of the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2009, as amended. These Regulations set out detailed requirements regarding, among other things, staffing and environmental conditions for all designated centres.

The Carlow/Kilkenny area currently has 7 supported care homes located within its remit — five based in Kilkenny and two based in Carlow. In Waterford there are 2 similarly run facilities. The total capacity for all 9 units is approximately 200 beds. All 9 are providing residential services for older adults. Each group receives financial support from the Health Service Executive under Section 39 of the Health Act and income is also generated from resident fees and fundraising.

Part of the review process submissions were invited and received from interested parties, including the care homes referred to by the Deputy. The Department also met with a representative from the care homes. Due consideration is being given to the issues raised including the nature and status of the care homes.

It is expected that the review will be completed shortly and that amending regulations will introduced in 2012.

Health Services

Gerald Nash

Question:

143 Deputy Gerald Nash asked the Minister for Health the Health Service Executive’s plans to make alternative arrangements for non-GMS patients who are no longer facilitated for referrals at the HSE phlebotomy facility in the Laurence Centre, Drogheda, County Louth, from the 17 October, 2011; and if he will make a statement on the matter. [31678/11]

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

Hospital Waiting Lists

Thomas P. Broughan

Question:

144 Deputy Thomas P. Broughan asked the Minister for Health the number of consultant ENT at the Mater Hospital, Dublin 7; the number of persons on the waiting list to see the consultant; the average waiting time; the steps being taken to reduce the waiting time; and if he will make a statement on the matter. [31687/11]

Thomas P. Broughan

Question:

145 Deputy Thomas P. Broughan asked the Minister for Health the number of consultant neurologists at the Mater Hospital, Dublin 7; the number of persons on the waiting list to see the consultant; the average waiting time; the steps being taken to reduce the waiting time; and if he will make a statement on the matter. [31688/11]

I propose to take Questions Nos. 144 and 145 together.

As these are service matters, they have been referred to the HSE for direct reply.

Vaccination Programme

Billy Kelleher

Question:

146 Deputy Billy Kelleher asked the Minister for Health the common and rarer side effects of the HPV vaccine; and if he will make a statement on the matter. [31694/11]

The Irish Medicines Board (IMB) has responsibility for investigation of adverse reactions to medicines. Since the first authorisation of Gardasil, the IMB has continuously monitored its safety. This monitoring includes review of global safety data in addition to national experience with use of Gardasil.

Expected adverse effects from the vaccine, as described in the product information, include malaise, headache, dizziness, syncope (fainting), fatigue, skin and injection site reactions and gastrointestinal symptoms. Anaphylaxis is a well known but rare adverse event following immunisation which can occur following any immunisation. The adverse events reported to date to the IMB are within the acceptable limits as outlined in the Gardasil Summary of Product Characteristics and there are no safety concerns regarding the vaccine.

Billy Kelleher

Question:

147 Deputy Billy Kelleher asked the Minister for Health if the Health Service Executive paid for vaccination teams for the HPV vaccination programme; if not, the body which paid for same; and if he will make a statement on the matter. [31695/11]

The HPV immunisation programme is funded by the Health Service Executive.

Hospital Services

Tony McLoughlin

Question:

148 Deputy Tony McLoughlin asked the Minister for Health if consideration will be given to the provision of routine early gestational ultrasound scans and routine foetal anomaly scans to all pregnant women attending for care at Sligo General Hospital; and if he will consider providing the resources required. [31697/11]

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

Medical Council Registration

Michael Healy-Rae

Question:

149 Deputy Michael Healy-Rae asked the Minister for Health the position regarding Irish Medical Council registration (details supplied). [31701/11]

My Department has been informed by the Medical Council that the applicant referred to by the Deputy had initially submitted incomplete documentation to the Medical Council, causing a delay in the processing of this application. The Council has confirmed that the rest of the documentation has now been received and this applicant is now eligible for registration. This has been confirmed to the applicant by the Medical Council.

Health Services

Finian McGrath

Question:

150 Deputy Finian McGrath asked the Minister for Health the position regarding educational support in respect of a person (details supplied). [31711/11]

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

Medical Cards

Finian McGrath

Question:

151 Deputy Finian McGrath asked the Minister for Health if he will review a matter (details supplied) regarding a medical card. [31713/11]

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

Hospital Services

Denis Naughten

Question:

152 Deputy Denis Naughten asked the Minister for Health the timetable of the completion of the project to allow X-rays taken at Roscommon County Hospital to be read remotely; when a computerised medical records system will be introduced to allow patient records at Roscommon to be accessed remotely; and if he will make a statement on the matter. [31752/11]

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

Hospital Staff

Emmet Stagg

Question:

153 Deputy Emmet Stagg asked the Minister for Health if he will request the Health Service Executive to immediately seek cover for the State’s paediatric rheumatologist while on maternity leave (details supplied); and if he will also request a report from the HSE on the reason provision was not made for such cover in the first instance. [31754/11]

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.

Search and Rescue Service

Bernard J. Durkan

Question:

154 Deputy Bernard J. Durkan asked the Minister for Transport, Tourism and Sport the current strength of the air sea rescue services; his intention and ability to retain and improve such services; and if he will make a statement on the matter. [31720/11]

The responsibility for the coordination and deployment of Ireland's air sea rescue services rests with the Irish Coast Guard of my Department. The Coast Guard co-ordinates a multi-disciplinary approach in undertaking search and rescue operations. It has available to it a range of service providers and assets, including the National Maritime Operations Centre in Dublin and sub-centres in Malin and Valentia, fifty two volunteer Units located mainly around the coast, contracted search and rescue (SAR) helicopters, Royal National Lifeboat Institution (RNLI) and community rescue boat teams, air mobile fire and ambulance teams and a variety of other resources. I am satisfied that the approach taken in Ireland is on a par with other air sea rescue organisations throughout Europe.

Despite the current difficult financial climate continuous improvements are being made to our search and rescue services. In particular, three elements of the air sea rescue service are scheduled for improvement over the next 24 months. Firstly I have sanctioned a €2 million investment to upgrade the Coast Guard's boat and vehicle fleet. Secondly, following on from the recent opening of a new Coast Guard Station on Achill Island, two further volunteer stationhouses will open in Crosshaven and in Goleen, Co Cork in 2012. Thirdly, during 2012 and 2013 the Coast Guard will introduce a new generation of search and rescue helicopters to replace the existing fleet.

The Coast Guard search and rescue helicopter services operate around the clock from four bases around the country - Dublin, Shannon, Sligo and Waterford, flying some 2,700 hours per year. The number of missions has increased by 8% over the last four years and the number of persons assisted or saved by 33%.

Port Development

Gerry Adams

Question:

155 Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport the developments that have taken place at Dundalk Port, County Louth, since he announced his intention to amalgamate Dundalk Port with Dublin Port; and his plans for future developments at Dundalk Port. [31620/11]

All of the functions, assets, staff and liabilities of Dundalk Port Company were transferred to Dublin Port Company on 12 July last. At the time of transfer I stated my hope that commercial activity would continue at the port, but that such decisions were now a matter for Dublin Port Company.

Since the transfer, Dublin Port Company has cut costs at the port, has introduced a redundancy programme and has restructured operations. As part of this re-structuring process and in an effort to ensure continued activity at the port, the Company advertised for expressions of interest to operate the port.

Earlier this month, Dublin Port Company announced that, following a public tender process, a local company, O'Hanlon & Sons Contractors Limited, had been awarded the contract to operate the port.

I welcome this development and hope it will allow continued commercial port activity in Dundalk.

Gerry Adams

Question:

156 Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport the position regarding the development of a future ports policy; when he will publish his proposals on this area; and if he will make a statement on the matter. [31621/11]

My Department has been carrying out a review of ports policy over the past year.

A public consultation was held, with submissions received from various stakeholders, including industry representatives, non-governmental organisations and other bodies.

A number of common themes emerged around the following issues:

The organisational structure and State ownership of the sector

The interaction between ports policy and the planning system

Corporate Governance of the State port companies

Environmental issues

There are of course differing opinions under these headings; however, what is common to all stakeholders is recognition of the critically important role the commercial ports play in our economy.

The ports around our coast are very diverse and the policy needs to take account of this in order to ensure that the ownership and governance structures allow the ports to develop in a manner befitting their individual circumstances.

The objective is an overarching policy framework that will underpin the sector's future growth and ensure that Ireland is served by the first class port infrastructure it requires.

At this stage, I am fairly clear as to what the questions are in relation to future ports policy. However, the answers require further consideration. It is still my intention to publish a revised policy in the next few months.

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