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Dáil Éireann debate -
Thursday, 24 Nov 2011

Vol. 747 No. 5

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 10, inclusive, answered orally.

An Ghaeilge

Maureen O'Sullivan

Question:

11 D’fhiafraigh Maureen O’Sullivan den Aire Ealaíon, Oidhreachta agus Gaeltachta an ndéanfaidh sé cinnte de go mbeidh leanúnachas i maoiniú na n-eagraíochtaí Gaeilge sa Samhail Nua Mhaoinithe atá curtha le chéile ag Foras na Gaeilge; agus an aontaíonn sé nach bhfuil aon chiall le scéimeanna trí bliana, mar atá molta ag Foras na Gaeilge faoi láthair sa Samhail Nua Mhaoinithe, scéimeanna a dhéanfaidh cinnte de nach mbeidh na heagraíochtaí Gaeilge in ann tabhairt faoin bpleanáil teanga ar bhonn fadtéarmach, comhtháite; agus an ndéanfaidh sé ráiteas ina thaobh. [36433/11]

Peadar Tóibín

Question:

23 D’fhiafraigh Peadar Tóibín den Aire Ealaíon, Oidhreachta agus Gaeltachta an ndéanfaidh sé soiléiriú go mbeidh na heagraíochtaí Gaeilge in ann, faoi aon samhail nua mhaoinithe a bheidh á cur i bhfeidhm ag Foras na Gaeilge, leanúint leis na foirne reatha atá acu, in ionad scaoileadh le daoine trí iomarcaíocht agus iad a athfhostú ar théarmaí agus ar choinníollacha is lú fabhar ná mar atá acu faoi láthair. [36557/11]

Peadar Tóibín

Question:

26 D’fhiafraigh Peadar Tóibín den Aire Ealaíon, Oidhreachta agus Gaeltachta an ndéanfaidh sé soiléiriú go bhfágfar faoi na heagraíochtaí Gaeilge a mbuiséad féin a riaradh faoi aon samhail nua mhaoinithe a bheidh á cur i bhfeidhm ag Foras na Gaeilge, sa tslí go mbeidh na heagraíochtaí féin in ann a bheith iomlán freagrach as an bhfoireann a fhostaíonn siad agus as maoiniú na ngníomhaíochtaí a bhaineann leis na spriocanna cuí a bhaint amach [36556/11]

Gerry Adams

Question:

36 D’fhiafraigh Gerry Adams den Aire Ealaíon, Oidhreachta agus Gaeltachta cé mhéad fostaí atá ag Foras na Gaeilge i láthair na huaire, na folúntais a fógraíodh i mí Dheireadh Fómhair 2011 san áireamh; cén líon daoine atá fostaithe sna heagrais Ghaeilge atá bunmhaoinithe ag Foras na Gaeilge don bhliain 2011; an féidir meastachán a thabhairt ar íocaíochtaí tuarastail d’fhoireann Fhoras na Gaeilge in 2011 agus in 2012; agus an ndéanfaidh sé ráiteas ina thaobh. [36558/11]

Tógfaidh mé Ceisteanna Uimh. 11, 23, 26 agus 36 le chéile.

I dtús báire, ba mhaith liom a mheabhrú do na Teachtaí gurb í an Chomhairle Aireachta Thuaidh Theas atá freagrach as cinntí straitéiseacha a thógáil maidir le Foras na Gaeilge, atá mar áisíneacht den Fhoras Teanga.

Ag an gcruinniú den Chomhairle ar 12 Deireadh Fómhair 2011, nótáil na hAirí an dul chun cinn atá déanta ag Foras na Gaeilge go dtí seo i ndáil le punann dréacht-scéimeanna a ullmhú don tsamhail mhaoinithe iomaíoch nua, a bhfuil sé mar sprioc aici tairbhí suntasacha luach ar airgead a bhaint amach agus dualgais reachtúla Fhoras na Gaeilge a chomhlíonadh go héifeachtach.

D'iarr an Chomhairle ar Fhoras na Gaeilge an méid seo a leanas a dhéanamh:

tréimhse bhreise chomhairliúcháin 12 seachtain a reáchtáil i ndáil le punann na ndréacht-scéimeanna, go háirithe leis na heagraíochtaí bunmhaoinithe;

a chinntiú go dtabharfar deis do chomhlachtaí reachtúla bainteacha an tionchar a bheidh ag na dréacht-scéimeanna ar a réimsí feidhmiúcháin a bhreithniú;

an punann dréacht-scéimeanna a leasú de réir mar is gá agus mar is cuí, ag féachaint don phróiseas comhairliúcháin leathnaithe;

cás gnó mionsonraithe a ullmhú, le cúnamh neamhspleách más gá, chun tacú le punann na ndréacht-scéimeanna; agus

plean tionscadail athbhreithnithe a ullmhú, i gcomhar leis na Ranna Urraíochta, a thabharfaidh aird mar is cuí ar chur i gcrích an phróisis athbhreithnithe mar bheart práinne.

D'iarr na hAirí go bhfaigheadh siad tuarascáil eile ar an dul chun cinn ag an gcéad chruinniú rannach eile den Chomhairle san fhormáid teanga, a bheidh ar siúl i mí Feabhra 2012.

Ag eascairt ó na cinntí sin, tá céimeanna sa treis ag Foras na Gaeilge, i gcomhairle leis na Ranna Urraíochta, chun próiseas comhairliúcháin úr a reáchtáil. Ar an ábhar sin, tuigfidh na Teachtaí nach mbeadh sé cuí domsa aon bhreithiúnas sonrach a thabhairt ag an bpointe seo maidir leis an tsamhail mhaoinithe iomaíoch nua.

De réir an eolais atá curtha ar fáil ag Foras na Gaeilge, tuigtear dom go bhfuil 82 duine fostaithe ag na heagraíochtaí bunmhaoinithe. Is iad na heagraíochtaí bunmhaoinithe féin atá freagrach as pá agus coinníollacha eile fostaíochta a bhfostaithe.

Tuigtear dom fosta go bhfuil 60 duine san iomlán fostaithe ag Foras na Gaeilge, is é sin 51 duine atá fostaithe go buan agus 9 atá fostaithe ar chonarthaí go dtí 31 Nollaig 2012 atá ag plé leis an bhfoclóir nua Béarla-Gaeilge. Cé gurb é 70 post buan an cohórt iomlán foirne atá ceadaithe i bprionsabal ag an gComhairle Aireachta Thuaidh Theas d'Fhoras na Gaeilge, is é 58 an líon iarbhír de phoist bhuana atá ceadaithe ag an gComhairle don Fhoras. Bunaithe ar an gceadúchán seo, tá próiseas idir lámha ag an bhForas chun 7 bpost a líonadh faoi láthair. Is é€3.05 milliún an costas measta ar thuarastail Fhoras na Gaeilge i mbliana. Ní bheidh sonraí críochnaitheacha ar fáil faoin gcostas a bhainfidh le tuarastail an Fhorais in 2012 go dtí go mbeidh na buiséid don bhliain sin ceadaithe ag an gComhairle.

Cultural Activities

Martin Ferris

Question:

12 Deputy Martin Ferris asked the Minister for Arts, Heritage and the Gaeltacht his plans to increase awareness of the value and benefit of cultural activities; and if he will make a statement on the matter. [36581/11]

The arts, culture and creative sectors are important for the social, cultural and educative benefits that they bring to communities, large and small, around the country. They are an essential part of the narrative about the character of a new, different, changed and better Ireland. Indeed, I believe that dynamism in the arts and culture in turn leads to dynamism in a nation.

Part of my brief as Minister for Arts, Heritage and the Gaeltacht is to increase awareness of the value and benefit of cultural activities. I have already met the Minister for Education and Skills to discuss a range of ideas which are being further elaborated on by both Departments. The main aim of these proposals will be to increase engagement with the arts from the community up, with particular reference to young people.

The national cultural institutions, which operate under the aegis of my Department, also play an important role in increasing awareness of the value and benefit of cultural activities. In excess of 3.5 million people visited our cultural institutions in 2010, an increase of 7% on 2009 figures. The quality and diversity of the cultural exhibits and events on offer at our museums and galleries plays a key role in attracting such significant visitor numbers, and each has significant education and community programmes which are designed to create access to the institutions for all sectors of the public.

My Department also supports the annual Culture Night initiative which has been such a spectacular success since its inception in 2006. On Culture Night, arts and cultural organisations, including the national cultural institutions, extend their opening hours to allow for increased access. Indeed, one of our specific commitments in the Programme for Government is to expand the Culture Night concept and I have already set the wheels in motion in relation to this.

My Department also provides a range of funding to other cultural institutions and regional and local museums throughout the country, which support our high-level goal in relation to enhancing access to the arts, culture and film sectors and recognising the social and economic role of these sectors in Ireland. Examples of bodies funded in this way are the Hunt Museum, Archbishop Marsh's Library and Foynes Flying Boat Museum.

Question No. 13 answered with Question No. 7.

Cultural Tourism

Micheál Martin

Question:

14 Deputy Micheál Martin asked the Minister for Arts, Heritage and the Gaeltacht the way the commitment in the programme for Government regarding developing cultural tourism opportunities, when local authorities no longer have an arts officer, will be implemented following the publication of the comprehensive spending review; and if he will make a statement on the matter. [36600/11]

The legislation covering employment in local authorities is set out in the Local Government Act 2001, which is the responsibility of my colleague, the Minister for the Environment, Community and Local Government. Under section 159 of that Act, each County and City Manager is responsible for the staffing and organisational arrangements necessary to carry out the functions of the local authority for which he or she is responsible. A County or City Manager, who considers that there are insufficient staff resources to fulfil necessary obligations and functions, can apply to the Minister for the Environment, Community and Local Government for sanction to set aside the moratorium on public service recruitment.

I, as Minister with responsibility for the Arts, am pleased that in the months since taking office I have engaged with the arts community at community, local and national levels. I have met with many local arts officers. In addition, my Department, in conjunction with Kerry County Council, has prepared a pilot interactive local authority strategy, which, I believe, will lead to more co-ordination in arts and culture activities at community and at local levels. This strategy examines new approaches which will benefit the arts, craft and cultural tourism alike and can act as a template for any local authority which wishes to adopt a more interactive and consultative process.

Departmental Agencies

John Browne

Question:

15 Deputy John Browne asked the Minister for Arts, Heritage and the Gaeltacht the expected savings and the expected reduction in public service numbers from the rationalisation of State agencies in his Department as announced in the public service reform programme; and if he will make a statement on the matter. [36585/11]

As the Deputy will be aware, the Government recently announced a radical streamlining of State bodies, including in respect of a number of bodies funded from my Department's Vote Group. This includes decisions to:

combine the Irish Museum of Modern Art, Crawford Art Gallery and the National Gallery of Ireland, while retaining their separate identities;

merge the National Archives and the Irish Manuscripts Commission into the National Library, while maintaining their separate identities;

merge the functions of the Language Commissioner with the Ombudsman's Office; and

examine options around shared services and the board structure of the National Museum of Ireland and the National Library of Ireland.

In addition, decisions have also been taken to critically review by June 2012 the streamlining and shared services agenda in respect of a number of other bodies funded from my Department's Vote Group, including the Chester Beatty Library, the Placenames Commission, the Heritage Council and Culture Ireland. More details in this regard can be accessed on the Department of Public Expenditure and Reform website at www.per.gov.ie.

The Deputy will, of course, be aware of the real benefits that will come from a less crowded administrative landscape, resulting in greater democratic accountability, less duplication of effort and clearer lines of responsibility for citizens — all leading to a more transparent, accountable and efficient public service. In relation to savings that will arise from the rationalisation measures announced by Government, it has been estimated that savings of up to €20 million can be expected in relation to enhanced service efficiencies.

With regard to the reduction of public service numbers across public bodies funded from my Department's Vote Group, I anticipate that these numbers will reduce over the coming period in line with my Department's Employment Control Framework. Indeed, the intended streamlining of State bodies can be expected to provide opportunities to redeploy staff to the areas of greatest need in the public service.

I should also say that shared services have the potential to transform the efficiency of State bodies and my Department is actively pursuing this issue. Sharing of back-office and other services will offer significant long term savings in the operation of State bodies generally and options in this regard are being examined by my Department.

Question No. 16 answered with Question No. 7.

Foras na Gaeilge

Brian Stanley

Question:

17 D’fhiafraigh Brian Stanley den Aire Ealaíon, Oidhreachta agus Gaeltachta an raibh aon phlé ag an Aire leis an gComhairle Aireachta Thuaidh-Theas nó le Foras na Gaeilge roimh chinneadh a dhéanamh bac a chur ar an dara céim de dhílárú Fhoras na Gaeilge go Gaoth Dobhair, Contae Dhún na Gall. [36568/11]

Thóg an Chomhairle Aireachta Thuaidh Theas cinneadh i mí an Mhárta 2006 go ndéanfaí 30 post de chuid Fhoras na Gaeilge a lonnú i nGaoth Dobhair, Co Dhún na nGall. D'aontaigh an Chomhairle go raibh an cinneadh seo le cur i bhfeidhm ar bhonn céimnithe. Is é an staid reatha maidir leis an gcinneadh seo ná go bhfuil 11 post de chuid Fhoras na Gaeilge lonnaithe i nGaoth Dobhair faoi láthair, is é sin 9 bpost buan (le folúntas amháin) agus 2 phost ar chonradh.

Mar chuid de phlean an Rialtais maidir le hathchóiriú na seirbhíse poiblí a fógraíodh ar 17 Samhain 2011, dúradh nach raibh i gceist dul ar aghaidh le clár díláraithe an Rialtais i gcás líon substaintiúil comhlachtaí poiblí. Luadh sa chomhthéacs sin céim II den dílárú i gcás Fhoras na Gaeilge go Gaoth Dobhair. Ar ndóigh, ós rud é gur áisíneacht de chuid an Fhorais Teanga Forfheidhmithe Thuaidh Theas é Foras na Gaeilge, tá sé intuigthe gur faoin gComhairle Aireachta Thuaidh Theas a bheidh sé cinneadh críochnúil a thógáil maidir leis seo. Pléadh an cheist seo ag cruinniú iomlánach den Chomhairle in Ard Mhacha ar 18 Samhain 2011 agus nótáladh go mbeadh plé faoi seo ag an gcéad chruinniú eile den Chomhairle sa bhformáid rannach teangacha. Dá réir sin, tá dréacht-pháipéar ar an ábhar seo á ullmhú faoi láthair le bheith réidh le dul faoi bhráid na Comhairle ag an gcéad chruinniú eile sa bhformáid sin i mí Feabhra 2012.

Arts Plan

Bernard J. Durkan

Question:

18 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the extent to which he continues to liaise with the various interest groups throughout the country who are involved in the arts and various cultural activities such as Irish music or drama, live, recorded or broadcast; the extent to which he can provide for the promotion of such activities directly or indirectly; and if he will make a statement on the matter. [36619/11]

The Government's policy on the arts is to promote and strengthen the arts in all its forms, to increase access to and participation in the arts, and to make the arts an integral and valued part of our national life. I am continuing to work towards this goal with my Department and the agencies within its remit and I remain committed to securing the best possible level of funding for the arts sector. In that regard I meet regularly with arts and cultural groups throughout the country to ascertain their views on the sector and to assist me in formulating the most appropriate polices to progress their activities.

The State appreciates and values the contribution the arts sector makes to the internationally renowned artistic reputation of this country. Within the current economic constraints, that investment in the arts, culture and creative sectors is more important than ever, having regard to the employment intensity of the sector and their potential for assisting with cultural tourism initiatives. In the context of the 2012 estimates, I will, of course, be endeavouring to maximise continuing Government support for the arts and culture sector.

On a practical level, over the summer I launched Culturefox, a mobile website and app to promote all Irish arts events. The idea is that, because your smartphone is location aware, the Culturefox app immediately puts up on your screen all the arts events that are going on around you. It lets you read about them, book tickets and even gives you directions to the venue. The system is run by the Arts Council, and I understand that anyone running a bona fide arts event can upload and promote their event.

Genealogy Tourism

Denis Naughten

Question:

19 Deputy Denis Naughten asked the Minister for Arts, Heritage and the Gaeltacht the steps he is taking to promote the potential of genealogy tourism; his views that a more centralised approach to record keeping would assist its development; and if he will make a statement on the matter. [36436/11]

Aengus Ó Snodaigh

Question:

44 Deputy Aengus Ó Snodaigh asked the Minister for Arts, Heritage and the Gaeltacht the way he intends to support the provision of genealogical research into family histories and encourage roots tourism; and if he will make a statement on the matter. [36578/11]

I propose to take Questions Nos. 19 and 44 together.

As Deputies will be aware, I take a keen interest in genealogy issues. My own Department is responsible for the website www.irishgenealogy.ie, which contains nearly 3 million Church records of Baptism, Marriage and Burial from pre-1911, covering Dublin City, together with Counties Carlow, Cork and Kerry. There is no charge for accessing this website. It is also a valuable aid to those who wish to research their ancestry and, in conjunction with Fáilte Ireland and Tourism Ireland, it has a page dedicated to helping those who would like to visit the home of their forebears. To date in 2011, over 320,000 visitors have visited this website.

Since the National Archives digitised the 1911 and 1901 Census returns for all 32 Counties and made them available on-line in 2007, the use by the Irish public and the international Irish diaspora has been nothing short of remarkable, with almost 600 million hits registered on the website and 12.5 million visits. Irish addresses account for just under half the hits/users and the remainder are people in the UK, the United States, Canada and Australia, New Zealand and the EU in descending order. The 1926 Census was the first undertaken by an Irish Government and it is my intention to have the census returns digitised and made available on-line as a 1916 centenary project, subject to resources and the resolution of legal and other issues.

I would also draw the Deputies' attention to a full-day seminar that I held on 7th September 2011 in the National Library of Ireland. The seminar was attended by representatives from a wide range of organisations with an interest in genealogy matters. Its purpose was to evince a more co-ordinated approach to this area. Each organisation which attended was given an opportunity to make a presentation that outlined their views on the issue of digitising genealogical records and maximising the potential of roots tourism. This involved some 30 presentations over the course of the day. I am still considering the views of the various organisations on these important issues.

Stag Hunting

Barry Cowen

Question:

20 Deputy Barry Cowen asked the Minister for Arts, Heritage and the Gaeltacht if he intends to reverse the ban on stag hunting; and if he will make a statement on the matter. [36590/11]

The Wildlife (Amendment) Act 2010 made it an offence to hunt a deer with two or more dogs. This legislation had the purpose of banning stag hunting by riders and hounds. I have a broad remit to protect Ireland's wildlife and natural heritage. One of my biggest challenges will be to work towards greater common understanding of the issues we face in protecting our natural heritage. My Department also has significant challenges before it to ensure that Ireland is in full compliance with EU Directives on nature conservation, and that we ensure that the richness of Ireland's built and natural heritage contributes to national economic recovery. It is my view that the resources of my Department should be focused on those areas. I will continue to keep all provisions of the Wildlife Acts under review and introduce improvements to the law, where appropriate.

Údarais Ranna

Pádraig Mac Lochlainn

Question:

21 D’fhiafraigh Pádraig Mac Lochlainn den Aire Ealaíon, Oidhreachta agus Gaeltachta cathain a bheidh an t-athbhreithniú ar Acht na dTeangacha Oifigiúla críochnaithe; an bhfuil sé i gceist aige tionchar Acht na dTeangacha a leathnú, go dtí an tÚdarás um Bóithre Náisiúnta, mar shampla. [36560/11]

Jonathan O'Brien

Question:

28 D’fhiafraigh Jonathan O’Brien den Aire Ealaíon, Oidhreachta agus Gaeltachta cé rinne an cinneadh mar gheall ar Oifig an Choimisinéara Teanga a dhúnadh; cén dearcadh atá ag an Aire; agus an ndéanfaidh sé ráiteas faoi chúrsaí fostaíochta, buiséid, an chonartha, agus cóiríochta a bhaineann leis an gceist seo. [36569/11]

Tógfaidh mé Ceisteanna Uimh. 21 agus 28 le chéile.

Mar is eol don Teachta, d'fhógair mé ag tús mhí na Samhna go raibh mo Roinn chun athbhreithniú a dhéanamh ar Acht na dTeangacha Oifigiúla 2003, i gcomhréir leis an ngealltanas atá sonraithe i gClár an Rialtais 2011-2016. Faoi théarmaí tagartha an athbhreithnithe, déanfar athbhreithniú cuimsitheach ar fheidhmiú an Achta, a thógfaidh san áireamh leasuithe inmholta a chinnteoidh gurb iad na seirbhísí poiblí atá le soláthair trí Ghaeilge na seirbhísí is mó a bhfuil éileamh orthu.

Mar chuid den athbhreithniú, tá próiseas comhairliúcháin i gceist thar thréimhse 3 mhí le príomhpháirtithe leasmhara, lena n-áirítear Oifig an Choimisinéara Teanga, Ranna Rialtais agus comhlachtaí poiblí eile, eagraíochtaí Gaeilge agus Gaeltachta, chomh maith leis an bpobal i gcoitinne. Is é 31 Eanáir 2012 an spriocdháta chun aighneachtaí a chur faoi bhráid mo Roinne.

Maidir le comhlachtaí poiblí eile a thabhairt faoi scáth Acht na dTeangacha Oifigiúla, tá an cheist á breithniú ag mo Roinnse faoi láthair maidir le Rialacháin nua a dhéanamh leis an gcéad sceideal den Acht a uasdátú go cuí. Ar ndóigh, ní bheadh i gceist agam gníomh a ghlacadh faoin gceist sin go dtí go mbeidh an t-athbhreithniú ar an Acht déanta agus na nithe a éireoidh as meáite go cuí.

Maidir le hOifig an Choimisinéara Teanga, ní mór dom a mheabhrú don Teachta nach bhfuil an Oifig sin á scriosadh. Is é an cinneadh atá tógtha ag an Rialtas go ndéanfar feidhmeanna na hOifige sin a chónascadh le hOifig an Ombudsman agus go ndéanfar an cinneadh sin a chur i gcrích i gcomhthéacs an athbhreithnithe ar an Acht agus faoi réir cibé leasuithe reachtaíochta a mbeidh gá leo. Ina thaobh sin de, dírím aird an Teachta ar an bhfreagra a thug mé ar Cheist Tosaíochta Uimh. 28 inniu.

An Ghaeilge

Martin Ferris

Question:

22 D’fhiafraigh Martin Ferris den Aire Ealaíon, Oidhreachta agus Gaeltachta an bhfuil sé ar intinn aige an togra Líofa atá ag dul ó neart go neart sna sé chontae a lainseáil ar an taobh seo den teorainn. [36562/11]

Bhí an-áthas orm a bheith i láthair ag Stormont i mBéal Feirste ar 5 Meán Fómhair 2011 nuair a rinne an tAire Cultúir, Ealaíon agus Fóillíochta, Carál Ní Chuilín, "Líofa 2015" a sheoladh go hoifigiúil. Tréaslaím leis an Aire Ní Chuilín as an tionscnamh nuálach, samhlaíoch seo a bhfuil sé mar aidhm aige spreagadh a thabhairt do mhíle duine ó thuaidh a bheith líofa sa Ghaeilge faoin mbliain 2015.

Mar is eol don Teachta, tá spriocanna uaillmhianacha maidir le húsáid na Gaeilge sonraithe sa Straitéis 20 Bliain don Ghaeilge 2010-2030. Tá sé ráite i gClár an Rialtais 2011-2016 go dtabharfaidh an Rialtas tacaíocht don Straitéis 20 Bliain agus go ndéanfar na spriocanna indéanta atá luaite inti a sheachadadh.

Ta mionsonraí tugtha i bplean forfheidhmithe mo Roinne faoin Straitéis don bhliain 2011 maidir leis na príomhghníomhaíochtaí a bhfuil mo Roinn ag díriú orthu i mbliana chun feidhm a thabhairt don Straitéis. Tá an plean seo foilsithe ar shuíomh gréasáin mo Roinne ag: http://www.ahg.ttp://www.ahg.@gov.ie./ie/Straiteis20BliaindonGhaeilge/Feid.

Question No. 23 answered with Question No. 11.

Departmental Bodies

Sandra McLellan

Question:

24 Deputy Sandra McLellan asked the Minister for Arts, Heritage and the Gaeltacht the way the recently announced plans for public sector reform will affect the role and functions of the Heritage Council; the way he intends to ensure the continued protection and enhancement of our national heritage; if service levels will be maintained and improved; the savings which are expected; and if he will make a statement on the matter. [36570/11]

Under the Public Service Reform programme announced by Government on 17th November last, the Heritage Council is listed as a ‘Body for Critical Review' by end-June 2012. The focus of the review is to examine the potential merger of the functions of the Council into my Department.

The Heritage Council has made a significant contribution since its inception in 1996 to vastly improving our collective appreciation and understanding of our rich national heritage. However, the Government is intent on putting in place a more streamlined public sector and there have been significant legislative and policy developments in the heritage area since the Council was established, which need to be taken into account. We need to consider how best to promote and cherish our heritage, and how best to deliver an accountable and high quality heritage service in the context of a smaller public sector and reduced resources. This will be the focus of the review over the next few months. Issues around levels of service and cost will be considered as part of the review, as will the context of the totality of resources available to my Department.

On the general issue of ensuring the continued protection and enhancement of our national heritage, my Department will continue, within available resources, to:

promote the role which Ireland's heritage has to play in making Ireland an attractive destination for sustainable tourism and inward investment, and

provide for the protection, conservation and development of our built and natural heritage in accordance with best practice and legal requirements, both nationally and internationally.

Departmental Funding

Richard Boyd Barrett

Question:

25 Deputy Richard Boyd Barrett asked the Minister for Arts, Heritage and the Gaeltacht if he will reverse the cut to the grant for a theatre (details supplied); and if he will make a statement on the matter. [36620/11]

It is not clear whether the Deputy is referring to capital or current funding in his Question. In 2011, the organisation referred to was paid a capital grant of €21,726 by my Department. Funding for arts and cultural capital projects is primarily from the Cultural Development subhead of my Department, which has an allocation of €7.8 million in 2011. This funding is fully committed and there is no scope for any further funding being provided. The Deputy will appreciate that, given the current economic situation, it is unlikely that a new capital infrastructure scheme will be announced in the near future. In any case, my Department has not received any further application for funding from the organisation in question.

Applications for current funding should be directed to the Arts Council. Under the Arts Acts 2003, the Arts Council is statutorily independent of the Minister in its funding decisions and in its processes and the Minister is not the responsible authority to the Dáil on these matters. Section 24(2) of the Arts Act 2003 precludes interference by the Minister in Arts Council funding decisions.

Question No. 26 answered with Question No. 11.

Inland Waterways

Sandra McLellan

Question:

27 Deputy Sandra McLellan asked the Minister for Arts, Heritage and the Gaeltacht the position regarding the Ulster Canal restoration project; the amount of moneys which will be allocated resulting from the recent capital expenditure review; and if he will make a statement on the matter. [36571/11]

As the Deputy will be aware, the North/South Ministerial Council (NSMC) Plenary Meeting in July 2007 agreed to proceed with the restoration of the section of the Ulster Canal between Clones and Upper Lough Erne. The then Government agreed to cover the full capital costs of the project, which were estimated at that time to be of the order of €35 million. However, Government Accounting procedures do not provide, in that sense, for the ‘ring-fencing' of funds for projects of this nature.

I am advised that it was always the intention that the Ulster Canal project would be funded from the Waterways Ireland annual allocations, as agreed through the annual estimates processes in this jurisdiction, as well as the deliberations of NSMC in relation to annual budgets. I am advised that it was also a key consideration throughout the process that the Ulster Canal project would be supported by a significant level of projected income from the commercialisation of certain Waterways Ireland assets — a scenario that was affected negatively by the economic downturn.

It was noted at the NSMC Plenary Meeting held in Armagh on Friday last 18 November 2011 that the Ulster Canal project is progressing incrementally. In this regard, an application for planning for the project was submitted in October with the relevant authorities in each jurisdiction and I trust that the Deputy will agree that this is a significant milestone. I can confirm to the Deputy that I intend to continue to explore all possible options that may assist in the advancement of this project. To that end, I met recently with senior officials of Monaghan County Council, Fermanagh District Council and Waterways Ireland to discuss approaches to setting up an inter-agency group that could examine ways in helping to advance the Ulster Canal project. I look forward to that work continuing in the period ahead.

Question No. 28 answered with Question No. 21.

National Asset Management Agency

Mick Wallace

Question:

29 Deputy Mick Wallace asked the Minister for Arts, Heritage and the Gaeltacht the contact he has had to date with the National Asset Management Agency regarding the use of NAMA buildings for cultural purposes; and if he will make a statement on the matter. [36583/11]

Mick Wallace

Question:

31 Deputy Mick Wallace asked the Minister for Arts, Heritage and the Gaeltacht if he has made any progress in commandeering some of the buildings held by the National Asset Management Agency for the benefit of the arts; and if he will make a statement on the matter. [36582/11]

Michael Colreavy

Question:

32 Deputy Michael Colreavy asked the Minister for Arts, Heritage and the Gaeltacht the position regarding the progress that has been made to date in securing properties under the control of the National Asset Management Agency that might be suitable for use as local arts facilities; if he will list those properties in question; and if he will make a statement on the matter. [36574/11]

I propose to take Questions Nos. 29, 31 and 32 together.

I refer the Deputies to my answer to a number of previous Parliamentary Questions on this matter. I have met the chair and chief executive of NAMA in relation to the potential use of NAMA buildings for cultural purposes. NAMA was set up to acquire loans from certain financial institutions and it does not own property as such. In most cases, the property securing these loans is under the control of the debtor and will remain so as long as the debtor continues to meet his obligations. In the case of certain debtors, NAMA has taken enforcement action and the property securing the loans is now under the control of receivers or other insolvency agents appointed by NAMA. My Department will continue engagement with NAMA in instances where assets of shared interest arise.

Foras na Gaeilge

Mary Lou McDonald

Question:

30 D’fhiafraigh Mary Lou McDonald den Aire Ealaíon, Oidhreachta agus Gaeltachta cén plean atá aige maidir le todhchaí na foilsitheoireachta i nGaeilge ach go háirithe forbairt Áis’, aonad dáileacháin atá faoi scáth Fhoras na Gaeilge. [36561/11]

Ar an gcéad dul síos, ní mór dom a mheabhrú don Teachta go bhfuil cúram maidir le foilsitheoireacht Ghaeilge, lena n-áirítear an tseirbhís dáileacháin leabhar Áis, ar Fhoras na Gaeilge, áisíneacht de chuid an Fhorais Teanga a thagann faoi scáth na Comhairle Aireachta Thuaidh Theas (CATT).

Ag a cruinniú in Ard Mhacha ar 12 Deireadh Fómhair 2011, nótáil an CATT go bhfuil athbhreithniú ar Áis curtha i gcrích ag Foras na Gaeilge. D'iarr an CATT ar Fhoras na Gaeilge plean forfheidhmithe mionsonraithe, i ndáil leis na moltaí san athbhreithniú ar Áis, a aontú leis na Ranna Urraíochta, is iad sin mo Roinn agus an Roinn Cultúir, Ealaíon agus Fóillíochta ó thuaidh. D'iarr an CATT freisin go dtabharfaí tuarascáil ar an dul chun cinn ag an gcéad chruinniú rannach eile den Fhoras Teanga i mí Feabhra 2012. Tuigim ó Fhoras na Gaeilge go bhfuil próiseas earcaíochta ar siúl i láthair na huaire chun dhá fholúntas foirne in Áis a líonadh.

Cé is moite de Áis, tagann An Gúm agus Clár na Leabhar Gaeilge faoi Fhoras na Gaeilge freisin. Tá An Gúm freagrach as áiseanna oideachais i nGaeilge a fhoilsiú agus tá Clár na Leabhar Gaeilge freagrach as scríbhneoireacht, foilsitheoireacht agus léitheoireacht na Gaeilge a chothú. Tá tuilleadh eolais maidir le Áis, An Gúm agus Clár na Leabhar Gaeilge ar fáil ar shuíomh gréasáin Fhoras na Gaeilge www.forasnagaeilge.ie.

Questions Nos. 31 and 32 answered with Question No. 29.

National Monuments

Gerry Adams

Question:

33 Deputy Gerry Adams asked the Minister for Arts, Heritage and the Gaeltacht the steps he has taken to secure the future of 14-17 Moore Street and to ensure that the area around Moore Street can be developed into a revolutionary quarter at the heart of Dublin city. [36577/11]

In January 2007, the Minister for the Environment, Heritage and Local Government placed a preservation order on Nos. 14 to 17 Moore Street under the National Monuments Acts. The order was made on the grounds that No. 16 is a monument, the preservation of which is of national importance by reason of its historical significance as the site of the final council of war and final headquarters of the Provisional Government. The effect of the order is that works affecting these properties, including any excavation or ground disturbance within, around or in proximity to them, will require my consent under section 14 of the National Monuments Act, 1930, as amended.

The proposed development of the Carlton Cinema site, of which Nos. 14 to 17 Moore Street form part, and for which approval has been granted by An Bord Pleanála, envisages the retention of these buildings and the provision of a commemorative centre to the 1916 Rising in No. 16. The developer's application to my Department for consent to these proposals under section 14 of the National Monuments Acts is being examined. As part of the process, I have visited the monument site and met various interest groups, including relatives of the 1916 leaders. My Department is currently in consultation with the National Museum of Ireland in relation to the application and a decision will be made on it as soon as possible. Any wider plans for the development of the Moore Street area would be a matter for the relevant landowners and the development authority, Dublin City Council.

Museum Projects

Mary Lou McDonald

Question:

34 Deputy Mary Lou McDonald asked the Minister for Arts, Heritage and the Gaeltacht the way the recent public sector reform proposals will affect the management of museums; if service levels will be maintained and improved; the savings which are expected; and if he will make a statement on the matter. [36575/11]

The Department of Public Expenditure and Reform has recently published Government proposals for Public Service Reform. Under this plan the Government proposes:—

to combine the Irish Museum of Modern Art, the Crawford Art Gallery and the National Gallery of Ireland, while retaining separate identities;

to merge the National Archives and the Irish Manuscripts Commission into the National Library while maintaining separate identities; and

that my Department will examine the issue of shared services and the Board structure of both the National Library and the National Museum.

It is too early at this stage to identify what the practical effect of these proposals will be. My priority, in implementing all of these decisions, will be the maintenance of service levels to the public and the maximization of shared efficiencies.

Caiteachas Rannach

Pearse Doherty

Question:

35 D’fhiafraigh Pearse Doherty den Aire Ealaíon, Oidhreachta agus Gaeltachta cé mhéid airgid atá le caitheamh ag an Roinn Ealaíon, Oidhreachta agus Gaeltachta roimh dheireadh na bliana ar an nGaeltacht agus cad iad na coistí nó cad iad na tograí atá ag fanacht leis an airgead. [36559/11]

Cuireadh soláthar airgid de €10.5m — idir reatha agus caipiteal — ar fáil do mo Roinn i mbliana chun freastal a dhéanamh ar an nGaeltacht. Ag an bpointe ama seo, tá an chuid is mo den soláthar sin caite. Ós rud é go bhfuil éilimh íocaíochta á bpróiseáil i rith an ama, ní bheidh soiléireacht ann faoin méid a bheidh caite i mbliana go dtí go ndúnfar cuntais mo Roinne don bhliain 2011. Ní heol dom go bhfuil aon ghrúpa ar leith ag fanacht ró-fhada ar airgead in aon chás ina bhfuil deontas ceadaithe agus na coinníollacha cuí comhlíonta.

Question No. 36 answered with Question No. 11.

Arts Plan

Dessie Ellis

Question:

37 Deputy Dessie Ellis asked the Minister for Arts, Heritage and the Gaeltacht the way he intends to maximise the potential of community arts projects as an important tool for social inclusion in areas of disadvantage; and if he will make a statement on the matter. [36579/11]

I am pleased to inform the House that in the months since taking office I have engaged extensively with the arts community at local and national levels. Following dialogue with local arts officers, a pilot interactive strategy has been put in place which, I believe, will lead to more co-ordination in arts and culture activities at community and at local level. I believe that the next 5 years can be an exciting time for the arts, culture and film sectors. Their integration into a new Department with the Irish language, islands and heritage responsibilities, makes eminent sense and I look forward to building on the self-evident synergies between these areas.

The Government's priorities for the arts are set out in the Programme for Government, while responsibility for the promotion of the arts at all levels throughout the country is devolved primarily to the Arts Council, as the principal agency through which State funding is channelled to the arts. Under the Arts Act 2003, the general functions of the Council include the following:

to stimulate public interest in the arts;

to promote knowledge, appreciation and practice of the arts; and

to assist in improving standards in the arts.

The Arts Council is a statutorily independent body, funded by my Department and independent in its day-to-day operations, including in relation to its funding decisions.

An Ghaeilge

Maureen O'Sullivan

Question:

38 D’fhiafraigh Maureen O’Sullivan den Aire Ealaíon, Oidhreachta agus Gaeltachta cén fáth go bhfuil dhá choiste curtha ar bun ag an Roinn Ealaíon, Oidhreachta agus Gaeltachta — ardchoiste a bhfuil ballraíocht ó REOG agus an Roinn Oideachais agus Scileanna air, agus fochoiste a bhfuil ballraíocht ag an dá Roinn sin chomh maith le Foras na Gaeilge agus an Chomhairle um Oideachas Gaeilge agus Gaeltachta (COGG) air — chun cúrsaí oideachais a phlé i gcomhthéacs na Straitéise 20 Bliain don Ghaeilge 2010 — 2030 nuair a leagadh amach go soiléir sa straitéis go mbeadh grúpa ardleibhéil amháin ann a bheadh na ceithre pháirtithe réamhluaite air, agus sa straitéis chéanna luaitear go mbeidh príomhról, ní ról tánaisteach, ag COGG i bhfeidhmiú na straitéise; agus an ndéanfaidh sé ráiteas ina thaobh. [36434/11]

Tá trí ghrúpa oibre ardleibhéil bunaithe ag mo Roinn i gcomhar le comhlachtaí poiblí eile chun dlús a chur le feidhmiú réimsí gnímh éagsúla den Straitéis 20 Bliain don Ghaeilge 2010-2030. I measc na ngrúpaí sin, tá grúpa oibre ardleibhéil bunaithe idir mo Roinn agus an Roinn Oideachais agus Scileanna chun tosaíochtaí a aithint maidir le cur i bhfeidhm na Straitéise i réimse gnímh an oideachais, ag tógáil san áireamh na laincisí ar acmhainní i láthair na huaire.

Is féidir leis an ngrúpa ardleibhéil seo cuireadh a thabhairt do pháirtithe leasmhara cur i láthair a dhéanamh ag cruinnithe den ghrúpa oibre, de réir mar is cuí. Chomh maith leis sin, is féidir leis an ngrúpa ardleibhéil seo foghrúpaí a bhunú freisin, de réir mar is cuí ar bhonn ad hoc, chun déileáil le ceisteanna a bhaineann le réimsí sainiúla oideachais.

Tá sé ráite sa Straitéis 20 Bliain go mbunófar grúpa ardleibhéil chun déileáil leis an tsaincheist a bhaineann le riachtanais shainiúla scoileanna Gaeltachta agus gaelscoileanna agus go mbeidh ionadaithe de chuid na bpáirtithe leasmhara ábhartha ar an ngrúpa ardleibhéil, lena n-áirítear an dá Roinn thuasluaite, an Chomhairle um Oideachas Gaeltachta agus Gaelscolaíochta (COGG), Foras na Gaeilge agus Údarás na Gaeltachta. Cé go bhfuil sé beartaithe an grúpa seo a bhunú amach anseo, táthar ag díriú faoi láthair ar obair an ghrúpa ardleibhéil idir na Ranna.

Heritage Sites

Pádraig Mac Lochlainn

Question:

39 Deputy Pádraig Mac Lochlainn asked the Minister for Arts, Heritage and the Gaeltacht the position regarding any contact or discussions between himself and/or his Department and the Bank of Ireland on making the Bank of Ireland premises in College Green, Dublin, available as a public building for use for cultural purposes; and if he will make a statement on the matter. [36573/11]

I refer the Deputy to my previous replies on this matter on 24 May, 2 June, 14 September and 18 October 2011. I have met the Chair and Chief Executive of Bank of Ireland and had a constructive engagement on the issues. That engagement will continue.

National Museum of Ireland

Clare Daly

Question:

40 Deputy Clare Daly asked the Minister for Arts, Heritage and the Gaeltacht the justification for the drive by the National Museum of Ireland to outsource a number of key posts and to account for the inadequate consultation with the affected staff and their unions. [36435/11]

Since the National Museum of Ireland became an autonomous statutory body under the National Cultural Institutions Act 1997, the Board of the Museum is statutorily responsible for operational matters and I, as Minister for Arts, Heritage and the Gaeltacht, do not have a statutory function in respect of such matters.

Commemorative Events

Seán Crowe

Question:

41 Deputy Seán Crowe asked the Minister for Arts, Heritage and the Gaeltacht the preparations that have been made regarding the commemoration of the 1916 Rising; and if he will make a statement on the matter. [36580/11]

I refer the Deputy to my previous reply on this matter on 8 November 2011. Following the Taoiseach's invitation to Party Leaders earlier this year, nominations for the Oireachtas Consultation Group on Centenary Commemorations, which includes the 1916 Centenary, were: Mark Daly; Aonghus Ó Snodaigh; Catherine Murphy; Maureen O'Sullivan; Kathryn Reilly; Mary White.

This Consultation Group, which is chaired by me, held its first meeting in July and I will shortly be arranging to hold another meeting. The Deputy will appreciate that planning for a commemoration programme will have to be sensitive to the current circumstances and I anticipate that this will be reflected in the scope and scale of any proposals emerging.

Stratéis Teanga

Dessie Ellis

Question:

42 D’fhiafraigh Dessie Ellis den Aire Ealaíon, Oidhreachta agus Gaeltachta cathain a fhoilseofar plean forfheidhmithe trí bliana an Aonaid Straitéise; agus cén dul chun cinn atá déanta ag an Aonad go dtí seo. [36567/11]

Tá mionsonraí tugtha i bplean forfheidhmithe mo Roinne don bhliain 2011 faoin Straitéis 20 Bliain don Ghaeilge maidir leis na príomhghníomhaíochtaí a bhfuil mo Roinn ag díriú orthu i mbliana chun feidhm a thabhairt don Straitéis. Tá an plean forfheidhmithe don bhliain 2011 foilsithe ar shuíomh gréasáin mo Roinne ag http://www.ahg.gov.ie/ie/Straiteis20BliaindonGhaeilge/FeidhmiunaStraiteise/. Tá dréachtphlean forfheidhmithe trí bliana don tréimhse 2012-2014 réitithe ag an Aonad Straitéise i mo Roinn. Ós rud é go bhfuil iliomad páirtithe leasmhara luaite faoin Straitéis, caithfidh mo Roinn dul i ndáil chomhairle leis na príomhpháirtithe leasmhara maidir leis an bplean seo sula bhfoilseofar é. Táthar ag súil go mbeidh an plean trí bliana foilsithe ar shuíomh gréasáin mo Roinne sar i bhfad.

Departmental Agencies

Pearse Doherty

Question:

43 Deputy Pearse Doherty asked the Minister for Arts, Heritage and the Gaeltacht the way the proposed merger of Culture Ireland into his Department will affect the function and role of Culture Ireland; the way he intends to ensure the continued promotion of Irish arts internationally; and if he will make a statement on the matter. [36576/11]

As the Deputy will be aware, the Government, as part of the Public Service Reform Plan, recently announced a radical streamlining of State bodies, including in respect of certain bodies funded from my Department's Vote Group. This includes decisions to combine or merge a number of such bodies. In addition, decisions have been taken to critically review, by June 2012, the streamlining and shared services agenda in respect of a number of other bodies funded from my Department's Vote Group, including in relation to the merging of the functions of Culture Ireland into my Department. More details in this regard can be accessed on the Department of Public Expenditure and Reform website at www.per.gov.ie.

The Deputy will be aware that it is recognised, most recently at the Global Irish Economic Forum last month, that arts and culture are Ireland's global calling card and one of our world-class, distinctive strengths as a nation. The international promotion of Irish arts through my Department's Culture Ireland programme has made a signficant impact — especially in the US this year with the Imagine Ireland programme — in restoring our global reputation at a critical time and expanding international markets and audiences for Irish artists. Equally, in the coming years, the promotion of Irish cultural and creative excellence in Europe and in key growth markets, such as China, offers vital opportunities for the country, working in tandem with the promotion of trade, investment, tourism, food and science. In particular, our EU Presidency in 2013 will present a platform to strengthen our cultural links with key European partners, such as Germany and France.

I am committed to ensuring that we will be able to continue to deliver the functions of Culture Ireland effectively in the future. The critical review requested by Government is already under way in my Department and I expect to be in a position shortly to take definitive decisions on the matter.

Question No. 44 answered with Question No. 19.

Tionscal na Feamainne

Seán Crowe

Question:

45 D’fhiafraigh Seán Crowe den Aire Ealaíon, Oidhreachta agus Gaeltachta an féidir leis ráiteas a dhéanamh ar thodhchaí Arramara Teoranta agus ar fhorbairt thionscal na feamainne. [36566/11]

Is comhlacht é Arramara Teo atá faoi lán-úinéireacht Údarás na Gaeltachta ó mhí Dheireadh Fómhair 2006, nuair a díoladh scairsheilbh an Stáit sa chomhlacht leis an Údarás ar luach ainmniúil.

Tuigtear dom ón Údarás go bhfuil saineolas, scil, taighde, acmhainní agus infheistíocht ag teastáil chun Arramara Teo a fhorbairt tuilleadh agus chun todhchaí an chomhlachta a chinntiú. Mar gheall ar sin, chinn an tÚdarás páirtnéir straitéiseach a lorg d'Arramara Teo, a mbeadh sé d'acmhainn aige na riachtanais sin a shásamh. Ceapadh na comhairleoirí airgeadais Farrell Grant Sparks le bainistiú a dhéanamh ar an bpróiseas seo i gcomhar leis an Údarás. Tá an próiseas fós ar siúl agus tuigtear dom go bhfuil spéis léirithe ag comhlachtaí Éireannacha agus idirnáisiúnta ann.

Tá sé mar bhunriachtanas den phróiseas go mbeidh saineolas, acmhainní gnó agus cumas infheistíochta ag aon pháirtí a roghnófar ionas go mbeidh na gnéithe sin mar bhunchloch forbartha d'Arramara Teo. Treiseoidh an cur chuige seo cumas Arramara Teo chun táirgí breisluacha a fhorbairt a thacóidh le hinmharthanacht an chomhlachta agus na hearnála próiseála feamainne. Tuigtear dom fosta ón Údarás go bhfuiltear ag súil moladh faoin bpáirtnéir straitéiseach a chur faoi bhráid bhord an Údaráis go luath. Tá mé dóchasach go rachaidh an próiseas seo chun leasa Arramara Teo, a chuid fostaithe, lucht bainte feamainne agus na hearnála próiseála feamainne i gcoitinne. Aithníonn an tÚdarás an poitéinseal fáis agus forbartha atá ag an earnáil seo. Is chuige sin atáthar ag lorg páirtnéara a bheidh in ann breisluach a chur le táirgí Arramara Teo agus bonn láidir a chur faoin bhfostaíocht san earnáil thábhachtach seo.

Government Appointments

Terence Flanagan

Question:

46 Deputy Terence Flanagan asked the Minister for Finance if he will respond to correspondence (details supplied) regarding a proposed Government appointment; and if he will make a statement on the matter. [36693/11]

I presume the Deputy is referring to the nomination of Mr. Kevin Cardiff to the European Court of Auditors. The nomination process is underway in the European Parliament. The Government has been notified of the outcome of the vote by the European Parliament's Committee on Budgetary Control on the nomination and is taking the matter under consideration .

Tax Reliefs

Kevin Humphreys

Question:

47 Deputy Kevin Humphreys asked the Minister for Finance when he will publish the report on the consultation on legacy property-based tax reliefs examining the economic impact of curtailing these reliefs which closed to submissions on 29 July 2011; if he will implement the provisions included in Finance Act (No. 1) 2011 allowing for restrictions on these legacy property tax reliefs, and guillotining of all outstanding reliefs; and if he will make a statement on the matter. [36697/11]

As the Deputy has stated the public consultation on "legacy" property-based tax reliefs undertaken by my Department concluded at the end of July. Over 700 submissions were made by individuals and organisations during the consultation period. The consultation formed a major part of the economic impact assessment on the potential effects of amending, curtailing and/or abolishing such reliefs in line with the Programme for Government commitment to reduce, cap or abolish property tax reliefs and other tax shelters which benefit very high income earners. It is anticipated that the results of the impact assessment process will be available for consideration in the context of the forthcoming budget. As is customary, I do not propose to comment in advance of the Budget on any matters that might be the subject of Budget decisions.

Kevin Humphreys

Question:

48 Deputy Kevin Humphreys asked the Minister for Finance if he will provide the figure of the forgone revenue to the State for providing a tax exemption to employees for fees paid to professional bodies for 2010 and to date in 2011; and if he will make a statement on the matter. [36698/11]

Kevin Humphreys

Question:

50 Deputy Kevin Humphreys asked the Minister for Finance if he will provide the figure of the cost of tax relief for subscriptions to professional bodies in 2010; and if he will make a statement on the matter. [36700/11]

Kevin Humphreys

Question:

51 Deputy Kevin Humphreys asked the Minister for Finance the reason tax relief for subscriptions to professional bodies has not been completely abolished as provided for in budget 2011, whilst tax relief on trade union subscriptions has; and if he will make a statement on the matter. [36701/11]

I propose to take Questions Nos. 48, 50 and 51 together.

Income Tax relief in respect of trade union subscriptions was abolished in Finance Act 2011. This was in line with a recommendation of the Commission on Taxation. The removal of this relief which previously applied to a large number of employees, suggested that, in order to provide a degree of equity, a similar measure should be implemented for those employees who are members of professional bodies. This was also accomplished by means of Finance Act 2011.

I am informed by the Revenue Commissioners that for the tax years 2004 to 2010, Section 118(5E) Taxes Consolidation Act (TCA) 1997 provided that expenses incurred by an employer on behalf of an employee in connection with the payment (or reimbursement) of annual membership fees of a professional body were exempt from tax where such membership was regarded as "relevant to the business" of the employer. Following the enactment of Section 7 of the Finance Act 2011, this tax exemption is not available for the tax year 2011 and subsequent tax years.

However, separate and distinct from the tax exemption provided for in Section 118(5E) TCA 1997, Section 114 TCA 1997 provides for a tax deduction in respect of expenses incurred wholly, exclusively and necessarily by an individual in the performance of the duties of his or her office or employment. In the context of annual membership fees of a professional body, whilst each case is examined on its own facts and circumstances, Revenue operate in accordance with guidance published in 2011.

As regards professional subscriptions paid by a self-employed individual or by a practice, such subscriptions are a normal business expense in the accounts of the individual or practice in arriving at profit for tax purposes. In relation to costs, I am informed by the Revenue Commissioners that, as regards employees, during the tax year 2010, Section 118(5E) TCA 1997 referred to above provided for a tax exemption as regards professional fees paid by an employer on behalf of an employee. As such tax exemption was given at source by employers, figures are not available as to its cost.

For professional subscriptions paid by an individual who is an office holder or employee, costing figures are not available in respect of expenses claims for tax relief under Section 114 TCA 1997 on the cost of such subscriptions wholly, exclusively and necessarily incurred by that individual in the performance of the duties of his or her office or employment. Such costs are subsumed into the overall tax cost of allowing relief under section 114 for the various types of expenses that are wholly, exclusively and necessarily incurred by individuals in the performance of the duties of an office or employment.

As regards professional subscriptions paid by self-employed individuals or by a practice, as such subscriptions are a normal business expenses in the accounts of the individuals or practice in determining profit for tax purposes, again tax costing figures are not available as the costs are subsumed into the overall tax costs of allowing tax relief for business expenses. In circumstances where there is a need to maximise tax revenues as much as possible it is considered that the available tax relief should be tightly focused on fees that were absolutely essential to the performance by an individual of his or her job, profession or business.

Kevin Humphreys

Question:

49 Deputy Kevin Humphreys asked the Minister for Finance if he will provide the figure of the cost of tax relief for trade union subscriptions in 2010; and if he will make a statement on the matter. [36699/11]

Income Tax relief in respect of trade union subscriptions was introduced in 2001. In 2008, the relief was increased to €350, which equated to a €70 tax credit per annum for union members. The most recent year for which the necessary detailed information is available regarding tax relief for trade union subscriptions is the income tax year 2009, in which the cost to the Exchequer is estimated at approximately €26.7 million.

This tax relief was abolished in Budget 2011. The Commission on Taxation recommended that the relief should be discontinued on the basis that membership of a trade union is more likely to be influenced by the benefits of membership. Furthermore, the Commission considered that there was a significant element of deadweight associated with this tax relief.

Questions Nos. 50 and 51 answered with Question No. 48.

Tax Code

Brendan Smith

Question:

52 Deputy Brendan Smith asked the Minister for Finance the annual cost to the Exchequer of the VAT reductions announced earlier in the summer; if there was any monitoring to check that the VAT reductions were passed on; if such monitoring is still ongoing; if any action has been taken or is proposed against firms that reduced their charges for a few weeks following VAT reductions and have since put their charges back up again; if the matter can be reported on; and if he will make a statement on the matter. [36715/11]

The Finance (No. 2) Act 2011 provided for a second reduced VAT rate, of 9%, on a temporary basis in respect of certain tourism-related services and goods for the period 1 July 2011 to end 2013. This measure was estimated to cost €120 million in 2011, €350 million in 2012 and in 2013, and €60 million in 2014. Businesses must account for VAT at the 9% rate on these specified goods and services provided by them on or after 1 July 2011. Where the goods and services are supplied to another VAT-registered business a VAT invoice must be issued, charging VAT at the new rate. However, where the supplies are to unregistered customers there is no obligation to show the VAT separately. Businesses dealing with unregistered customers are not legally obliged to reduce their (VAT-inclusive) pricing to reflect the lower VAT rate, but would be expected to do so.

However, in reducing the VAT burden on activities related to the tourism industry, the introduction of the 9% VAT rate is aimed at contributing towards boosting tourism and the creation of additional jobs in that sector. With this in mind, the VAT reduction will be kept under review and evaluated before end 2012 in order to determine its effectiveness in aiding the industry. If it is shown that the VAT reduction has little or no effect in aiding the industry then the measure is open to being reformed or abolished. In addition, checks on the correct operation of VAT, including the rates of VAT applied are integral parts of Revenue's audit and compliance programmes.

House Repossessions

Pearse Doherty

Question:

53 Deputy Pearse Doherty asked the Minister for Finance if he will provide figures for each of the covered institutions for 2009, 2010 and 2011 detailing the cost of the banks’ spending on legal fees related to house repossession cases; and if he will make a statement on the matter. [36717/11]

I am informed by each of the covered institutions that the amount spent on legal fees in relation to house repossession cases in the period 2009-2011 is as follows:

2009

2010

2011 (to date)

Total

IBRC

1,378,440

1,643,542

1,161,068

4,183,050

AIB/EBS

822,985

677,567

593,175

2,093,727

BOI

67,000

262,000

206,000

535,000

ILP

21,000

24,000

90,000

137,000

2,289,425

2,607,109

2,050,243

6,948,777

Tax Code

Ciaran Lynch

Question:

54 Deputy Ciarán Lynch asked the Minister for Finance his plans to change the tax treatment of redundancy payments in either the private sector or the public sector; and if he will make a statement on the matter. [36720/11]

It is a long-standing practice of the Minister for Finance not to comment in advance of the Budget on any tax matters that might be the subject of Budget decisions.

Simon Harris

Question:

55 Deputy Simon Harris asked the Minister for Finance the basis on which the decision was taken to charge VAT on entrance fees to historic houses, stately homes and gardens and open farms; the reason for the discrepancy in the VAT rate to be applied to historic houses and stately homes compared to open farms; if any evaluation of the impact of this change on the tourist trade has been conducted; and if he will make a statement on the matter. [36723/11]

With regard to the decision to charge VAT on entrance fees to historic houses and open farms, I have been informed by the Revenue Commissioners that fees charged for entry to historic houses, stately homes and gardens (collectively referred to as historic houses) and open farms were until recently treated as VAT exempt "lettings of immovable goods". This VAT exempt treatment followed a 1970s Revenue Appeal Commissioner's decision, in a particular case, relating to a right granted to a person to enter a house and gardens.

Irish VAT legislation must be in accordance with the EU VAT Directive and must be interpreted in a manner set out in decisions of the European Court of Justice (ECJ). Having regard to a number of decisions of the ECJ, and a recent challenge by the owner of an historic house to the existing exemption from VAT of such activities, the entry fees to historic houses, and other facilities such as open farms, could no longer be treated as fees for VAT exempt lettings. Therefore, in order to be compliant with EU law it was necessary to bring such fees within the charge to VAT. A start date of 1 January 2012 was chosen to allow a lead in time to prepare for the 2012 season. Full details of the changes were set out in a VAT Information Leaflet issued in August 2011.

In relation to the different VAT treatment applied to historic houses and open farms, paragraph 8 of Schedule 3 of the Value-Added Tax Consolidation Act 2010 provides that the reduced rate (at 9%) applies to admissions to exhibitions of objects of historical, cultural, artistic or scientific interest where these objects are displayed in a manner similar to a museum or art gallery. So, for example, the display of furniture, paintings, etc. in a grand hall in an historic home is a display of historical or artistic interest. However, as paragraph 8 does not apply to admission fees to open farms; such fees cannot apply at the 9% rate and as such are liable to VAT at the standard rate of 21%.

I would point out however that an exemption from VAT may still apply to historic houses and open farms in certain circumstances. Historic houses and open farms, like any other service business, may opt not to register for VAT if their entrance fee turnover is under the registration threshold of €37,500 per annum. Where this is the case VAT will not apply to admission fees.

In the case of historic houses and gardens, separate from their turnover, they may in addition qualify for VAT exemption under the "activities in the public interest" provisions set out in paragraph 3(5) of Schedule 1 of the Value-Added Tax Consolidation Act 2010. This provides that an exemption may apply where the supply is of a cultural service by a cultural body. In this regard, cultural bodies for the purpose of this exemption are determined on a case-by-case basis by Revenue, generally where such exemption would not distort competition and the body is non-profit making.

While the impact of this new ruling on the tourist trade has not been evaluated, the change in the VAT treatment of entrance fees to historic houses and open farms was not optional; it was required in order to be compliant with the EU VAT Directive as interpreted by the ECJ. I will, however, look at this issue further in the context of the Budget.

Pension Provisions

Joe Carey

Question:

56 Deputy Joe Carey asked the Minister for Finance if he will clarify the deductions from the pension of a public or civil servant as administered by the paymaster general; and if he will make a statement on the matter. [36734/11]

Under Section 9 of the Ministers and Secretaries (Amendment) Act, 2011 responsibility for all functions relating to public sector superannuation matters was transferred to the Minister for Public Expenditure and Reform, who has responsibility for the Superannuation Vote (Civil Service pensions) and for pensions payable from the Central Fund. The Paymaster General's Office in my Department acts as the paying agency for these pensions on instructions from the Department of Public Expenditure and Reform. Pension payments are subject to the Public Service Pension Reduction at the following rates:

First €12,0000%

Between €12,000 and €24,0006%

Between €24,000 and €60,0009%

Above €60,000 12%

In addition, pensions are subject to statutory deduction for taxation and Universal Social Charge, but the actual amounts deducted would depend on the individual circumstances of each payee. Pensioners may also have voluntary deductions, for example, contributions to a health insurer.

Banking Sector Regulation

Eoghan Murphy

Question:

57 Deputy Eoghan Murphy asked the Minister for Finance if his attention has been drawn to the fact that an Irish credit union, the EBS, was offering its customers a protected growth bond, which in a letter guaranteed the customer would get their full investment returned after four years plus a 14% fixed return, however in the terms and condition at the bottom of the letter it stated that Irish Life and Permanent would not make up any shortfall, so in fact the EBS might not be in a position to return a person’s full original investment; and if he will make a statement on the matter. [36766/11]

EBS is a wholly owned subsidiary of AIB and as the Deputy will be aware, notwithstanding the fact that the State is a 99.8% shareholder in AIB, the bank is run on a commercial arms length basis. The Government does not interfere in the day to day commercial decisions taken by the board and management of the bank including its product offerings. The matter referred to in the Deputy's question would clearly fall into this category and I have no direct function in the matter. The Central Bank of Ireland has a role in ensuring that the best interests of consumers of financial services are protected. The Central Bank of Ireland's Consumer Protection Code stipulates the general principles that regulated entities must adhere to in all dealings with customers or potential customers. A copy of the Code can be sourced on the Central Bank's website at the following link: http://www.centralbank.ie/consumer/info/Pages/default.aspx

Disabled Drivers

Paul Connaughton

Question:

58 Deputy Paul J. Connaughton asked the Minister for Finance if he will provide clarification in relation to the issue of VRT claims; in response to Parliamentary Question No. 120, this Deputy was informed that to date no claim has been refused in instances in which the VRT was already paid, yet that appears to have been the case in relation to a refusal in respect of a person (details supplied) in County Galway; his plans to circulate information to persons involved in adapting cars for disabled persons informing them that persons purchasing cars with a view to having them modified for disabled persons should first check to see if the VRT has previously been reclaimed on the vehicle; and if he will make a statement on the matter. [36774/11]

I am informed by the Revenue Commissioners that Section 134(3) of the Finance Act 1992 (as amended) and Statutory Instrument No. 353 of 1994 (Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations, 1994 (as amended) provide for permanent relief from the payment of specified maximum amounts of VAT and VRT for persons registered under the scheme. A claim under the above scheme was received in the Central Repayments Office on 19th October 2011 from the person (details supplied). This claim was processed on the basis of the invoice supplied, which referred to adaptations carried out on a V.W. Transporter. A cheque issued on 1st November 2011 in respect of the repayment of VAT incurred on these adaptations. In this case, the vehicle was a used vehicle which was purchased privately rather than from an authorised dealer. No VRT was incurred by the named person and there is no further repayment due in respect of this vehicle.

Correspondence has been circulated to the Irish Wheelchair Association and The Disabled Drivers Association of Ireland clarifying aspects of the legislation governing this Scheme.

Budget Statement

Gerry Adams

Question:

59 Deputy Gerry Adams asked the Minister for Finance if he or officials in his Department were aware that documents given to the troika, and the European Commission in particular, would be forwarded to the German finance ministry and via them to the Bundestag budgetary committee; and if he had any constructive knowledge of this in relation to the legal obligations on the German Government under the EFSF guidelines or otherwise. [36781/11]

Gerry Adams

Question:

60 Deputy Gerry Adams asked the Minister for Finance the circumstances in which documents relating to budget 2012 came to be seen by members of a German parliamentary committee before they were seen by members of Dáil Éireann. [36782/11]

I propose to take Questions Nos. 59 and 60 together.

As I said in my reply to parliamentary question number 36529/11 yesterday, I wish to make clear that I and my colleagues in Government are deeply concerned that this draft confidential information has become public before Government had finally made all of the necessary budgetary decisions. Furthermore, we are concerned at the manner in which this information was put into the public domain.

As the Deputy will be well aware, we are in a programme of financial support with the EU and the IMF. As part of this programme, we are obliged to share information with the EU Commission, the ECB and the IMF — the External Partners. Such information is shared on a confidential basis, with the understanding that its circulation is restricted. As such, certain draft technical information which is clearly signalled as being still subject to Government decisions is transmitted to the External Partners. This information flow is part of the necessary transmission of information which is required to facilitate discussions amongst senior officials at Eurogroup Working Group level.

Following each review mission by the external partners, the Irish authorities agree updated programme documents, specifically the Letters of Intent, the Memorandum of Understanding on Specific Economic Policy Conditionality, the Memorandum of Economic and Financial Policies and the Technical Memorandum of Understanding. These are discussed between the partners and authorities in draft format before being signed and published.

Each review considers both the performance against targets to date, and progress in relation to future commitments. A key concern at all stages of the process is the sustainability of the fiscal position. In that context, the external partners requested information about Ireland's next steps, specifically measures to be introduced in the Budget. While the Government agreed to provide broad outlines in October, it was also explained that the final shape of the budget would not be known until budget day.

While the overall scale of adjustment required each year out to 2015 was published in the Government's Medium Term Fiscal Strategy, the External Partners sought further specific information to facilitate approval of the review and thus the next drawdown of funds under the programme. It was in this context that the Departments of Finance and Public Expenditure and Reform provided some additional data on budgetary options on the understanding that this was for internal use by the External Partners as well as for background briefing by the Commission to the EuroGroup Working Group and the Economic and Financial Committee only. This information was marked both draft and confidential and was contained within square brackets in the text — which is the normal way of showing that the relevant text remains to be finalised and subject to further decision making. On many occasions during the Troika review mission and since then, we highlighted that such material was indicative and had to be agreed by Government before the documents could be finalised.

As I understand it, and notwithstanding the strict confidentiality applied to the material supplied to the Troika, this information was sent by Commission staff to the German Finance Ministry. It was then forwarded by them to their Parliament. Neither Government nor the Irish officials were informed that this transmission of confidential budgetary documentation would take place. Further, that this occurred before the information was agreed by Government and then provided to the Oireachtas serves only to heighten our concerns. Since becoming aware of the leak and the internal Commission process that they have in place we have raised our serious concerns with the Commission, and also with the German authorities.

Germany's Parliamentary requirement arises from its position as a guarantor of the EFSF and its own legal and constitutional provisions. The process by which this is implemented is a matter for the German authorities. We were nevertheless surprised to learn that documents that we provided found their way to the German parliament.

In conclusion, I will repeat that the Government did not approve the transmission of this information to the German Parliament, and that I and my Government colleagues are very concerned at this development. We must nevertheless recognise that we remain in a programme, and continue to rely on the support of the External Partners. In expressing our concern, we need also to continue working with our partners. On Tuesday, I laid the relevant draft documents before the Houses of the Oireachtas, in order to make the information available to all.

Tax Code

Frank Feighan

Question:

61 Deputy Frank Feighan asked the Minister for Finance the reason the reduction in VAT rate to 9% on services does not extend to beautician services. [36819/11]

VAT is charged on the supply of goods and services, and the rate applying is subject to the requirements of EU VAT law with which Irish VAT law must comply. While many tourist related services were made subject to a new temporary lower reduced VAT rate of 9% from 1 July, it is not possible to extend this treatment to the goods and services that remain subject to the 13.5% rate. While hairdressing services apply at the new temporary 9% rate, services consisting of the care of the human body, including beautician services, remain subject to the 13.5% rate.

This arises from the fact that many of goods and services to which Ireland applies a reduced rate of VAT, including services related to care of the human body, have their basis under an EU derogation that provides that as we applied a reduced rate to these items on 1 January 1991, we are entitled to continue applying that reduced rate to those items. However, this continuation of reduced rate application is conditional on the rate being no less than 12%. These are known as ‘parked' items, and are provided for under Article 118 of the EU VAT Directive. As beautician services are part of these parked items, it is not possible for Ireland to apply the rate of 9% to them.

It is for this reason that the Finance (No. 2) Act 2011 introduced a 9% VAT rate in respect of tourist activities such as restaurant and hotel accommodation services, while other tourist activities such as tour guide services and the short-term hire of cars, boat, caravans and mobile homes remain liable to VAT at the 13.5%. However, it should be noted that in the majority of EU Member States services consisting of the care of the human body apply at their standard VAT rate of up to 25% in some cases, compared to 13.5% in Ireland.

Kevin Humphreys

Question:

62 Deputy Kevin Humphreys asked the Minister for Finance if he will reduce the number of days per year required for tax residency from 183, 50%, to at least below 100, and similarly reduce the two year figure of 280 to increase the tax take from high net worth persons; and if he will make a statement on the matter. [36822/11]

Kevin Humphreys

Question:

63 Deputy Kevin Humphreys asked the Minister for Finance if he will introduce a rule, as applies in the UK for tax residency, that if one comes to Ireland regularly each year and is in Ireland for an average of 91 days or more in a tax year, usually worked out over a maximum of four consecutive tax years, that one will be deemed to be resident for taxation purposes; and if he will make a statement on the matter. [36823/11]

I propose to take Questions Nos. 62 and 63 together.

The taxation of individuals in the State is broadly in line with that prevailing in most other OECD jurisdictions. In general,

(a) individuals who are resident in the State for tax purposes are taxable here on their worldwide income and gains; and

(b) individuals who are not resident here for tax purposes pay tax here only on income arising in the State and income derived from working here; those who are neither resident nor ordinarily resident are only liable to Irish tax on gains from certain assets in the State.

The current residence rules are based on counting days of presence in the State. An individual is regarded as resident if s/he is present in the State for 183 days in the current year and 280 days between the current year and the previous year. These rules are in place since 1994. Prior to 1994, the Irish tax residence rules were derived from case law rather than statute law and were broadly similar to the UK tax residence rules, which are still derived from case law. The "91 days over four years" test, also called the "habitual residence" test, was abolished in Ireland in 1994 and replaced by the "280 day" test.

Finance (No. 2) Act 2008 introduced changes for 2009 and subsequent years whereby an individual is regarded as present in the State for a day if he or she is present in the State at any time during that day. Previous to this change an individual had to be present in the State at midnight on the day for that day to be counted.

The "183 day" residence test is common among OECD countries and is a feature of most tax treaties. The "280 day" test ensures that people with a consistent physical presence in the State are treated as being resident. As the Commission on Taxation pointed out, even if the number of days of presence to become tax resident was reduced, individuals could still manage their affairs so as not to be present in the State to avoid becoming resident.

A reduction in the number of days of presence to become resident would increase the possibility that individuals who were not trying to manipulate the day counting rules — for example, those working here on short term contracts — would be resident both in Ireland and their home country in a tax year. If certain income was taxable in both countries, they might be required to apply for relief under a Double Taxation Agreement. A change such as is suggested might therefore lead to additional administrative burdens for no extra tax yield, could deter individuals from moving to Ireland for work, and affect our ability to maintain and expand our tax treaty network.

For these reasons, I have no plans at this time to change the current day counting tests. As with all areas of taxation, the tax residence provisions are constantly kept under review and any changes will be determined in the context of Budget and Finance Bill.

Tax Collection

Michael McGrath

Question:

64 Deputy Michael McGrath asked the Minister for Finance if the Revenue have any discretion in relation to the application of interest and penalties in the case of a business being late with the payment of certain taxes due to cash flow problems; if he acknowledges that the application of punitive interest and penalties could result in the business having to wind up; and if he is considering any policy change in this area. [36829/11]

The Revenue Commissioners are charged with responsibility for the timely collection and recovery of a range of taxes and duties due to the Exchequer. I know that Revenue has a clear focus on making sure that every person and business complies with the requirement to file the relevant returns and to pay the appropriate tax or duty on a timely basis. That is an appropriate and correct focus for Revenue and one that I fully endorse.

In that regard Revenue provides a range of supports and services to individuals, businesses, tax practitioners and agents to facilitate and support a voluntary compliance culture. Where timely compliance is not forthcoming then in accordance with the powers and sanctions provided to Revenue by the Oireachtas, a range of sanctions can be applied by Revenue such as, for example, charging of interest on late payment of taxes and duties or the application and collection of penalties for failure to file returns on time. Interest on late payment of tax operates not only as a compensation for the Exchequer for the late payment of monies due to it but also as an essential support for timely voluntary compliance by ensuring a level playing field between those who meet their obligations on time and those who pay late or who may attempt not to pay at all.

Penalties for the late or non-filing of returns is recognition, for example, of the importance of compliance with an essential tenet of the self-assessment system i.e. that you file your return on time with Revenue. It underpins the voluntary compliance culture that is a welcome feature of the behaviour of the vast majority of individuals and businesses in this country. On the matter of businesses deciding to wind up, I am advised by the Revenue Commissioners that in their experience the marginal cost of interest or penalties is not a determining factor in the decision.

I know, however, that Revenue is conscious of the difficult economic and financial climate that prevails and how this can pose challenges for business and individuals in being timely compliant. Revenue responded to the difficult environment by actively encouraging businesses experiencing particular payment difficulties to work proactively with them when such difficulties start to arise to find an agreed way through those difficulties and quickly restore voluntary timely compliance. Revenue has, for example, published material for businesses experiencing tax payment difficulties on its website at www.revenue.ie. I commend Revenue for the work that it has done in that regard and in the practical support and assistance it is providing to viable businesses. I am aware that tax practitioners and representative bodies have recognised the Revenue efforts in this regard also.

Overall I am satisfied that the current regime of interest and penalty sanctions for late filing of returns and late payment of tax and duty achieves the correct balance in supporting timely compliance and securing the monies due to the Exchequer on a timely basis. I am satisfied that Revenue's actions in the charging and collection of interest and in the application of penalties for failure to file returns are reasonable having regard to the importance of timely compliance and the need to ensure a level competitive playing field across businesses and individuals.

Tax Code

Michael McGrath

Question:

65 Deputy Michael McGrath asked the Minister for Finance the revenue that would be raised by creating a new rate of universal social charge of 8% for income over €100,000, €125,000 and €150,000 respectively for a single person and €200,000, €250,000 and €300,000 for a married or civil partnership couple; and if he will make a statement on the matter. [36841/11]

The Universal Social Charge (USC) is an individualised charge and as such the yields are calculated for individual incomes of more than €100,000, €125,000 and €150,000 rather than dual incomes of more than €200,000, €250,000 and €300,000. In addition, it is assumed that the Deputy proposes to create two new top rates of USC which would be 8% for PAYE income earners and 11% for self employed income earners on individual incomes of €100,000, €125,000 and €150,000.

On that basis, I am advised by the Revenue Commissioners that the estimated full year yield to the Exchequer, estimated by reference to 2012 incomes, of creating the proposed new rates of USC for incomes over €100,000, €125,000 and €150,000 respectively would be of the order of €70 million, €55 million and €50 million respectively. These figures are estimates from the Revenue tax-forecasting model using actual data for the year 2009 adjusted as necessary for income and employment trends for the year 2012. They are therefore provisional and may be revised.

Tax Collection

Bernard J. Durkan

Question:

66 Deputy Bernard J. Durkan asked the Minister for Finance if and when a P21 will issue in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [36865/11]

I have been informed by the Revenue Commissioners that a form P21 will issue to the person in question over the next couple of days.

Tax Code

Gerald Nash

Question:

67 Deputy Gerald Nash asked the Minister for Finance the position regarding the implementation of further measures announced in budget 2010 with respect to the treatment of non-residents for tax purposes; the revenue that has been raised from these measures to date; the amount of revenue he expects these measures to yield; the number of non-residents for tax purposes that these measures have affected according to the most recent figures at his disposal post 15 November deadline; the number of non-residents; and if he will make a statement on the matter. [36879/11]

I assume the measure to which the Deputy refers is the Domicile Levy announced in Budget 2010 and introduced in Finance Act 2010. The Deputy will be aware that a Domicile Levy of €200,000 is charged on an individual who is Irish-domiciled and an Irish citizen whose worldwide income exceeds €1m, whose Irish located property is greater than €5m, and whose liability to Irish income tax was less than €200,000.

Where a person liable to pay the levy has paid income tax, s/he will be entitled to a credit for the tax paid in calculating the amount of the levy. The levy applies to both resident and non-resident individuals who meet the above criteria. I am informed by the Revenue Commissioners that the first valuation date for the Domicile Levy was 31 December 2010 and the tax return and payment of the Domicile Levy for 2010 was due on 16 November 2011. As of today, ten returns have been received in relation to the Domicile Levy for 2010. The tax paid in relation to these ten returns was €1,479,813.

It is not possible to estimate the full amount of revenue that may be raised from the Domicile Levy into the future. As the "Pay and File" deadline date and the deadline date for payment via Revenue On-line Services (ROS) have passed, no further yield from the Domicile Levy for the 2010 tax year is expected in 2011, unless a late return is received.

To date the Domicile Levy has affected seven non-resident individuals. Many non-resident individuals who file Irish tax returns would not be subject to the levy, either because they are not Irish citizens, they have a foreign domicile, or their worldwide income or the value of their Irish located property are below the threshold amounts shown above. In 2009, some 8,493 Irish income tax returns showed one or both spouses as non-resident. The equivalent figures for 2010 are not yet available.

Interest Rates

Aodhán Ó Ríordáin

Question:

68 Deputy Aodhán Ó Ríordáin asked the Minister for Finance if he will give clarification regarding mortgage interest rates (details supplied); and if he will make a statement on the matter. [36884/11]

Neither the Central Bank nor I, as Minister for Finance, have a statutory role in the setting of interest rates charged or paid by financial institutions regulated by the Central Bank. Based on the recent advice received from the Central Bank, I have no plans to recommend to Government that legislation be introduced to compel lenders to reduce their standard variable rates. The question of how interest rates paid on deposits should be treated would also have to be considered in the context of such legislation. However, I will keep the matter under review.

The Central Bank have informed me that, using their existing powers, they will engage with lenders which appear to have standard variable mortgage rates set disproportionate to their cost of funds. Credit institutions are not primarily or always funded from the ECB, but rather from a number of sources.

Tax Code

Michael McGrath

Question:

69 Deputy Michael McGrath asked the Minister for Finance the revenue that would be raised in a full year from reducing the standard fund threshold for superannuation funds to €1.2 million; and if he will make a statement on the matter. [36890/11]

The Standard Fund Threshold (SFT) is the maximum allowable pension fund on retirement for tax purposes which was introduced in Budget and Finance Act 2006 to prevent over-funding of pensions through tax-relieved arrangements. The SFT was reduced in Budget and Finance Act 2011 by over 50% to a level of €2.3 million with effect from 7 December 2010 with transitional arrangements to protect the capital values of the pension rights of individuals where these exceeded the reduced SFT on that date. There is currently no underlying data available to my Department or to the Revenue Commissioners on which to base reliable estimates of the savings from a further reduction in the SFT to the level indicated in the question.

Information on the numbers and values of individual pension funds or on individual accrued benefits are not generally required to be supplied to the Revenue Commissioners by the administrators of pension schemes and personal pension arrangements. For these reasons, the estimated savings included in respect the Budget and Finance Act 2011 change in the SFT were quite conservative, based as they were, on incomplete data and using very broad assumptions.

My Department has been engaging with representatives of the pensions industry with a view, among other things, to gathering private pensions-related data which may be of value into the future in estimating the costs of potential changes in the pensions' tax area. These engagements are ongoing.

Michael McGrath

Question:

70 Deputy Michael McGrath asked the Minister for Finance the revenue that would be raised from a 2% increase in the standard rate of VAT and if his estimate assumes a change in the volume of sales in response to such an increase; and if he will make a statement on the matter. [36891/11]

I am informed by the Revenue Commissioners that the revenue that would be raised from a 2% increase in the standard rate of VAT is estimated at €670 million in a full year. This estimate does not take into account any behavioural change on the part of taxpayers as a consequence of such a measure.

Michael McGrath

Question:

71 Deputy Michael McGrath asked the Minister for Finance the revenue that would be foregone from exempting persons on gross incomes of less than €15,000 from payment of the universal social charge and separately the revenue that would be foregone by exempting medical card holders from payment of the universal social charge; and if he will make a statement on the matter. [36892/11]

I am advised by the Revenue Commissioners that the estimated full year cost to the Exchequer, estimated by reference to 2012 incomes, of increasing the existing exemption threshold of €4,004 per annum for the Universal Social Charge (USC) to €15,000 per annum would be €120 million. These figures are estimates from the Revenue tax-forecasting model using actual data for the year 2009 adjusted as necessary for income and employment trends for the year 2012. They are therefore provisional and may be revised.

I am further advised by the Revenue Commissioners that as medical cardholders are not generally separately identified on tax records there is no statistical basis on which an estimate of the cost of exempting medical cardholders from the USC could be compiled. However, based on information derived from the Survey on Income and Living Conditions (SILC) conducted by the Central Statistics Office, it is tentatively estimated that the full year cost to the Exchequer of exempting medical card holders from the USC would be €175 million in 2012 and €245 million from 2015 when the transitional concession ceases.

Interest Rates

Michael McGrath

Question:

72 Deputy Michael McGrath asked the Minister for Finance if he has examined the recently published study on interest rate restrictions in the EU; his views on the feasibility of the use of interest rate restrictions to prevent providers of credit from charging consumers excessive interest rates; and if he will make a statement on the matter. [36893/11]

I assume that the Deputy is referring to the 2010 "Study on Interest Rate Restrictions in the EU (Final Report) (Ref. No. ETD/2009/IM/H3/87)" which followed wide consultation with Member States and is available on the European Commission website. It should be noted that the views expressed in the study are the views of the consultants who drafted the study and not those of the European Commission.

The Study, which runs to over 400 pages, provides the European Commission with an overview of the many types of interest rate restrictions that exist in EU member states and assesses the relevance of such restrictions. Importantly it concludes that interest rate restrictions, where they are applied, do not affect ordinary mortgage loans because actual rates are usually far removed from the interest rate ceilings set, and also that interest rate restrictions can affect the supply of credit, as recently pointed out by the Deputy Governor of the Central Bank. I understand that the Study's findings will be taken into account by the European Commission if developing any future position on interest rate restrictions. Neither the Central Bank nor I, as Minister for Finance, have a statutory role in the setting of interest rates charged or paid by financial institutions in Ireland regulated by the Central Bank.

In a recent letter to the Taoiseach, the Deputy Governor of the Central Bank stated that the power to exercise close regulatory control over retail interest rates is not sought by the Central Bank at this time. The Deputy Governor goes on to point out the difficulties which would result from Central Bank powers to set interest rates. These include a reduction in the availability of credit particularly to less secure customers, a chilling effect on entry of sound competitors in the market and an impediment to progress towards the re-establishment of bank management practices that could ensure a healthy and free standing banking system no longer dependent on the Government for bail outs.

Based on the advice received from the Central Bank I have no plans to recommend to Government that they introduce legislation to compel lenders to reduce their standard variable rates. However, I will keep the matter under review.

National Pensions Reserve Fund

Michael McGrath

Question:

73 Deputy Michael McGrath asked the Minister for Finance the degree of liquidity attaching to the discretionary portfolio held within the National Pensions Reserve Fund; if he will confirm how quickly the funds could be accessed; and if he will make a statement on the matter. [36896/11]

For the Deputy's information, the Commission valued the NPRF at €14.9 billion at 30 September 2011. The directed portfolio (the part of the Fund which is managed by the Commission on foot of directions from the Minister for Finance) was valued at €9.6 billion, while the discretionary portfolio, the investment of which remains the Commission's responsibility, was valued at €5.3 billion at 30 September 2011. The National Pensions Reserve Fund (NPRF) Commission publishes a performance and portfolio update quarterly on the NPRF website www.nprf.ie. The value and asset allocation of the discretionary portfolio as at 30 September 2011 as published on the website is as follows:

Asset Class

€m

% of Discretionary Portfolio

Large Cap Equity

1,047

19.8%

Small Cap Equity

114

2.2%

Emerging Markets Equity

334

6.3%

Quoted Equity

1,495

28.3%

Eurozone Government Bonds

0

0.0%

Eurozone Inflation-linked Bonds

63

1.2%

Eurozone Corporate Bonds

275

5.2%

Cash

1,018

19.3%

Financial Assets

1,356

25.7%

Private Equity

888

16.8%

Property

510

9.7%

Commodities

213

4.0%

Forestry

30

0.6%

Infrastructure

275

5.2%

Absolute Return Funds

188

3.6%

Alternative Assets

2,104

39.8%

Value of equity market protection (put options)

328

6.2%

Total Discretionary Portfolio

5,283

100%

I am informed by the NTMA as Manager of the Fund that all the discretionary portfolio investments in quoted equity, financial assets and the equity market put options can be accessed relatively quickly — generally within a period of between one and three weeks. As regards the investments in alternative assets —

(i) the investments in commodities are held through investment funds which can be cashed in at any time,

(ii) the absolute return investments are held through investment funds which can generally be sold within a month,

(iii) the investments in infrastructure are listed securities which can generally be accessed within a period of between one and three weeks, and

(iv) the investments in forestry, private equity and property, with a total value of €1,428 million, are illiquid.

In addition, I understand that the NPRF has (i) outstanding commitments to invest further monies in private equity, property and infrastructure funds totalling some €950 million, of which €420 million is to Innovation Fund Ireland, the Irish Infrastructure Trust and other Irish venture capital funds, and (ii) contracted sales of some €160 million that are expected to close in the fourth quarter of 2011. The effect of these two factors is to increase the amount of illiquid assets by approximately €790 million. Drawdown of committed monies on a phased basis is a normal feature of investment in such funds. Other than in the case of Irish-based investments, these outstanding commitments were all made in the period 2005 to 2008.

Tax Reliefs

Michael McGrath

Question:

74 Deputy Michael McGrath asked the Minister for Finance the cost to the Exchequer per annum of the remaining property related tax reliefs; when these reliefs will expire; and the amount of money that would be saved for the Exchequer if they were ended immediately or on a more phased basis over a number of years. [36902/11]

It is assumed that the Deputy is referring to the cost, in terms of tax foregone, of the following two property based tax incentive schemes that remain in the tax code: Mid-Shannon Corridor Tourism Infrastructure Investment (only 80% of expenditure can qualify in certain areas) and Qualifying Specialist Palliative Care Units (subject to Commencement Order). I am informed by the Revenue Commissioners that based on information regarding the cost of the Mid-Shannon Scheme, which has been received and collated for the tax year 2009, the latest year for which data is available, the annual yield to the Exchequer from the abolition of this relief could be in the region of €0.2 million. The Palliative Care Units Scheme was not commenced.

All other such schemes have been terminated, subject to transitional arrangements for certain schemes where projects were already in the pipeline. However, due to their nature these reliefs continue to entail ongoing costs on the Exchequer in terms of tax foregone.

I am informed by the Revenue Commissioners that the information provided in tax returns on the annual amounts of claims for property based tax reliefs is not sufficiently detailed to provide a basis for deriving an estimate of the remaining legacy cost to the Exchequer. I am not therefore in a position to provide the information requested by the Deputy related to savings. The estimated annual cost to the Exchequer of all "legacy" property-related tax schemes in 2009 was €341.8m.

As the Deputy will be aware an economic impact assessment of potential changes to the "legacy" property-based tax relief schemes is currently underway. This assessment includes an examination of the benefits that may accrue to the Exchequer in terms of additional tax yield from restrictions to the reliefs.

Retail Trade

Michael McGrath

Question:

75 Deputy Michael McGrath asked the Minister for Finance if he will provide an estimate of the amount of shopping in Northern Ireland by persons residing in the Republic of Ireland for each of the years 2008, 2009 and 2010; and if he will make a statement on the matter. [36903/11]

I am informed by the Revenue Commissioners that a number of studies have been undertaken in the last few years to determine the level of cross-border shopping and how much this affects Exchequer revenue. The Report on the Implications of Cross Border Shopping, which was undertaken on behalf of the Minister for Finance by the Revenue Commissioners and the Central Statistics Office, was published in March 2009. This was followed on 4 December 2009 by the results of a survey of cross-border shopping as part of the CSO Quarterly National Household Survey (QNHS) conducted in Quarter 2, 2009. On 12 November 2010, the results of the QNHS cross-border shopping survey for the year to Quarter 2, 2010 were released.

The report undertaken by Revenue and the CSO estimates the value of cross-border shopping in 2008 in the range of €350m to €550m and the potential loss in VAT and excise revenues at between €58m and €90m (for reference, the higher estimate represents 0.4% of the total VAT and 0.6% of excise revenue in 2008). In addition to the VAT and excise loss, there is a possible corporation tax revenue loss that is tentatively estimated to be in the range of €15m to €24m. However, it should be noted that all estimates for corporation tax revenue should only be considered as indicative of the potential loss given the difficulties in calculating a figure for the direct impact of cross border shopping on such activities.

Total household expenditure on cross border shopping in Northern Ireland between Quarter 2 2008 and Quarter 2 2009 was estimated at €435 million. The combined VAT and excise revenue loss is estimated at €63m and a possible corporation tax revenue loss in the range of €19m.

The results of the most recent report for Q2 2010 indicate that 14% of households in the Republic made a shopping trip to Northern Ireland in the twelve months to Q2 2010, compared to 16% in the previous year. While there was an increase in cross border shopping in the border area from 41% to 43% over the year; there was a marked decrease in shopping activity by people from Dublin, where 15% made a shopping trip in 2010, compared with 21% in 2009.

The QNHS also showed that the majority of trips involved purchases of groceries, alcohol, clothing and durables, similar to the previous year. The report estimated that the total expenditure in the year to Q2 2010 on cross border shopping trips at €418 million, reduced slightly from €435 million in the previous year. Based on the data contained in the survey, Revenue has estimated that the VAT, Excise and Corporation Tax losses in this period due to cross border shopping was in the region of €80 million, a similar level to the €81 million the previous year and suggesting that the level of cross border shopping had stabilised.

The statistics in the QNHS Reports were broadly in line with the results of the March 2009 Report on the Implications of Cross Border Shopping, which noted that the main causes of price differentials between goods in Northern Ireland and the Republic were operating costs, profit margin (mark-up), taxes and a significant depreciation of Sterling against the Euro. While variations in the VAT rates widened some price differentials, their impact remained small compared to the significance of the change in the exchange rate.

Michael McGrath

Question:

76 Deputy Michael McGrath asked the Minister for Finance if he will provide an estimate of the amount of products purchased over the Internet by Irish residents from foreign based suppliers in each of the years 2008, 2009 and 2010; and if he will make a statement on the matter. [36904/11]

An estimate of the amount of products purchased over the internet by Irish residents from foreign based suppliers is not available. In general, the amount of VAT and other taxes collected from internet trading is not separately identifiable as businesses are obliged to calculate and return VAT and other taxes by reference to their entire taxable activities, which includes both traditional forms of business and internet sales.

Motor Fuels

Michael McGrath

Question:

77 Deputy Michael McGrath asked the Minister for Finance if he has put a figure on the annual cost to the Exchequer of the use of illegal washed diesel. [36905/11]

I am informed by the Revenue Commissioner, who are responsible for the collection of mineral oil tax and for tackling the illicit trade in fuel products that they are aware of the threat to the Exchequer posed by laundered fuel. The predominant illicit activity in the mineral oil area in both Northern Ireland and the Republic is the laundering of marked diesel and its sale through illegal outlets. In both jurisdictions the respective difference in excise rates between marked (rebated) and normal diesel offers a considerable incentive for oil laundering and this illicit activity poses a serious threat to the Exchequer and the economy on both sides of the border.

The Deputy will appreciate that it is not possible to accurately estimate the loss to the national exchequer from individual activities within the shadow economy such as fuel laundering. Revenue employs a broad range of compliance and enforcement strategies to detect and counteract illegal practices involving mineral oils. These include ongoing analysis of the nature and extent of the problem; development and sharing of intelligence with agencies on both sides of the border; the conduct of intelligence driven operations using covert surveillance to identify oil laundry locations; seizure of illicit product, laundering equipment and vehicles; physical sampling at road checkpoints; closure of unlicensed or improperly licensed outlets and seizure of stock and prosecution of those involved in illegal activities in relation to mineral oils.

So far this year, nine oil laundries have been detected, together with 327,000 litres of laundered fuel, and nine oil tankers and twenty-nine other vehicles have been seized. Sixteen persons were arrested in the course of these operations and files have been sent to the Director of Public Prosecutions, who has to date issued directions to prosecute on indictment in respect of two of these cases. The Deputy will appreciate that there is some time-span between the detection of an offence and the appearance of a defendant before the courts. So far in 2011, in addition to the 327,000 litres of fuel seized in the course of raids on oil laundries, a further 516,270 litres of illicit mineral oil has been seized, the large majority from retail outlets or in the course of delivery to such outlets. Revenue has obtained two convictions in the courts this year against the proprietors of filling stations that were found to be selling laundered mineral oil as auto diesel.

Revenue is currently engaged in a vigorous campaign targeting specific locations nationwide, with the intention of immediate closure of unlicensed outlets and the challenging of other instances of non-compliance. As part of this drive, warning letters have been issued to unlicensed retail outlets and a number of these have been effectively closed down by the actions of Revenue enforcement teams. This campaign is ongoing and Revenue is in the process of seizing illicit product and closing down a further number of unlicensed or otherwise illegal retail outlets. This month alone, in a recent targeted enforcement operation by Revenue officers, ten filling stations, one fuel depot and two private dwellings in counties Dublin, Galway and Louth were raided. A total of 158,000 litres of fuel were seized from three of these premises, including two tankers of fuel, and approximately €39,000 was detained under the Proceeds of Crime legislation.

Revenue is also reviewing the effectiveness of legislation and regulations in relation to combating the illicit trade in mineral oil and I expect to bring forward proposals to strengthen controls in relation to mineral oils in the context of the next Finance Bill. I am also pleased that Revenue is receiving very good cooperation from the major oil distributors in the State and from the Irish Petrol Retailers Association, which represents the majority of legitimate retail outlets, in their efforts to counteract the threat posed by the sale and distribution of illicit mineral oil.

Michael McGrath

Question:

78 Deputy Michael McGrath asked the Minister for Finance the annual cost to the Exchequer of subsidised agricultural diesel. [36906/11]

I am informed by the Revenue Commissioners that the cost to the Exchequer of the reduced rate for Marked Gas Oil in 2010 was €441m. This oil is used by the commercial, agricultural and construction sectors.

Michael McGrath

Question:

79 Deputy Michael McGrath asked the Minister for Finance his views on the proposal to leave all diesel white in colour and to allow agricultural users to receive a rebate for the diesel they purchase for agricultural use. [36907/11]

Revenue continuously keeps under review the effectiveness of legislation and regulations in relation to combating the illicit trade in mineral oil. This includes reviewing powers, penalties, etc, and making recommendations to my Department where legislative amendments are required. The ongoing review of effectiveness includes consideration of alternative approaches, as referred to by the Deputy, to tackling the illicit removal of fuel marker.

General consideration has been given, in this context, to a rebate system. However, Revenue advises me that such a system would pose different problems. It would involve the establishment of a very extensive repayment system, giving rise to a very significant administrative burden for oil traders, consumers and for Revenue and would pose significant cash-flow difficulties for those who currently use marked gas oil. Repayment regimes are vulnerable to abuse and liable to be exploited by criminal elements, such as those currently involved in fuel laundering.

Decentralisation Programme

Marcella Corcoran Kennedy

Question:

80 Deputy Marcella Corcoran Kennedy asked the Minister for Education and Skills the plans he has for the FÁS offices in Birr, County Offaly; if any of the money spent on renting and preparing the office accommodation can be recouped by the Exchequer; if the moneys paid out by FÁS for land in Birr to build a new headquarters can be recouped; and if he will make a statement on the matter. [36855/11]

The Government recently announced that the Decentralisation Programme which was introduced in 2003 should be cancelled in the light of the budgetary and staffing outlook. The Department of Public Expenditure and Reform will review, in liaison with the OPW and the relevant Departments, the viability and future prospects of a number of the projects including the transfer of the FÁS Headquarters to Birr, having regard to the current budgetary and staffing constraints affecting the public service generally. The future of the site in Birr will be considered following the completion of this review.

FÁS has made full use of the temporary office accommodation with the occupation of staff, a jobs club and an employment services clinic and as such will not be entitled to recoup any rent nor will any expenditure on fitting out the premises be recouped by the Exchequer.

School Transport

Brendan Griffin

Question:

81 Deputy Brendan Griffin asked the Minister for Education and Skills the policy regarding age limits for driving a school bus for Bus Éireann; and if he will make a statement on the matter. [36873/11]

Bus Éireann, which operates the school transport scheme on behalf of my Department has confirmed that a bus driver must be a minimum of twenty-one years to hold a licence to drive a bus by law. When recruiting bus drivers Bus Éireann also normally requires the applicant to have a minimum of at least two years driving experience. The upper age limit for driving a school bus for Bus Éireann is currently seventy years, subject to being passed fit by the CIE Chief Medical Officer following a medical examination that takes place on an annual basis after school bus drivers under contract to Bus Éireann reach the age of sixty-five years.

EU Funding

Jack Wall

Question:

82 Deputy Jack Wall asked the Minister for Education and Skills his plans to address the concerns expressed in a submission (details supplied) regarding EU funding; and if he will make a statement on the matter. [36912/11]

On the basis of the information currently available to me, the scale of the redundancy event in question does not appear to meet the minimum criteria prescribed under the European Globalisation Adjustment Fund (EGF) Regulations to enable an application for co-financing assistance to be made by the Department either on a company specific or on a sectoral basis. The Department continues to monitor all collective redundancies nationally in order to assess whether sustainable EGF applications can be made in those cases where all relevant EGF regulatory criteria are met.

Pension Provisions

Dara Calleary

Question:

83 Deputy Dara Calleary asked the Minister for Education and Skills the position regarding an ill health retirement payment in respect of a person (details supplied) in County Donegal. [36675/11]

The person in question has been in contact with officials in my Department in respect of making application for ill health retirement pension benefit. This is a two part process. One form is completed by the applicant and sent with relevant supporting medical evidence to the Occupational Health Service provider and the other form is also completed by the applicant and sent to my Department. When both these application forms are received, the application will be processed. The payment of a pension benefit will depend on the outcome of the application process. Information regarding the ill health retirement pension benefit application process has been provided to the applicant and is available on my Departments website.

Schools Building Projects

Joanna Tuffy

Question:

84 Deputy Joanna Tuffy asked the Minister for Education and Skills the progress of the proposed extension for a school (details supplied) in County Dublin; the timeframe for completion; and if he will make a statement on the matter. [36682/11]

The building project for the school referred to by the Deputy is currently at an advanced stage of architectural planning. In January of this year, my Department issued authorisation to the school and its design team to complete stage 2(b) of architectural planning. Upon completion of Stage 2(b) the Design Team will submit the required documentation to my Department. When this has been received and reviewed, officials from my Department will be in contact with the Board of Management with regard to the further progression of the project.

Redundancy Payments

Paschal Donohoe

Question:

85 Deputy Paschal Donohoe asked the Minister for Education and Skills the expected timeline for the processing of redundancy payments to former special needs assistant staff; if he expects these payments to be made prior to Christmas; if this is not possible, the reason for same; and if he will make a statement on the matter. [36742/11]

Redundancy applications from Special Needs Assistants are processed by my Department in date order of receipt and every effort is being made to process these applications as quickly as possible. Applications received in June 2011 are currently being processed. Extra resources have been assigned to the Redundancy Unit to ensure that Special Needs Assistants that have been made redundant will have their claims for payment processed as quickly as possible. My Department is also now prioritising the processing of redundancy applications from those SNAs who have not obtained alternative employment in a non-teaching capacity in primary, secondary or community/ comprehensive schools in the current school year.

Schools Refurbishment

Dara Calleary

Question:

86 Deputy Dara Calleary asked the Minister for Education and Skills the reason grant assistance has been refused in respect of a school (details supplied) in County Mayo. [36747/11]

I can confirm that the school to which the Deputy refers had applied to my Department seeking funding to replace temporary accommodation in the school. As the Deputy will be aware, the Government's Medium Term Infrastructure and Capital Investment Framework, which was published on 10th November 2011, sets out the demographic challenge facing the education system in the coming years. Given the constraints on capital funding, the Government has to prioritise school building projects and the very real need to ensure that every child has access to a school place. It is unlikely, therefore, that funding will be available for the works referred to by the Deputy in the foreseeable future.

Higher Education Grants

Tom Fleming

Question:

87 Deputy Tom Fleming asked the Minister for Education and Skills if he will acknowledge the fundamental role played by the student grant schemes in supporting families; if he will refrain from increasing fees or reducing grants in budget 2012; and if he will make a statement on the matter. [36749/11]

As the Deputy will be aware, the reality of our economic situation presents significant challenges that have to be reconciled with limitations on public resources. This is a very stark reality, which, unfortunately, means that changes to any public service provision, including the student grant scheme, cannot be ruled out.

I empathise with students and I am very conscious of the played by the student grant scheme in supporting families who are putting their children through further and higher education. However, the state of the public finances is such that tough decisions have to be made to control public expenditure and to ensure sustainability in the long run. For this reason it is the responsibility of Government to take into consideration all areas of public service provision when formulating Budget 2012. Ultimately, our budgetary decisions now will play a major part in creating a sustainable economy and in regaining our economic independence. I will take the concerns of students into consideration during the budgetary process in this context and I will try to protect, to the greatest extent possible, the most disadvantaged students in further and higher education.

School Accommodation

Eoghan Murphy

Question:

88 Deputy Eoghan Murphy asked the Minister for Education and Skills his policy regarding free parking places for staff at the schools where they work; if they are entitled to free parking places on public roads in the vicinity of the school; if the school is entitled to subsidise parking by staff on public roads; and his views on whether it is appropriate for a school to give up valuable space for permanent car parking that could be used more appropriately for children in the school. [36765/11]

My Department makes provision for car parking spaces within the vested school site in the context of general school design. The level of provision may depend on the particular school project, the site conditions prevailing and the requirements of Local Authorities.

Individual school authorities are responsible, in the first instance, for ensuring the safety and welfare of children and others in their care, including traffic management measures and general school organisation. The matter of parking on public roads does not come within the remit of my Department and is appropriate to the relevant Local Authority. The position relating to a school subsidising staff parking on public roads from within its own resources is a matter for the individual school authority.

Construction Contracts

Terence Flanagan

Question:

89 Deputy Terence Flanagan asked the Minister for Education and Skills the number of school building project construction contracts awarded in the past ten years to a company (details supplied); the school involved in each project; the current status of each project; if he will detail in respect of each project if the work is being or has been completed satisfactorily within the agreed budget and the agreed timeframe in respect of any project past its agreed finish date; if he will detail any unresolved issues or any problems which remain outstanding; and if he will make a statement on the matter. [36771/11]

The details of major school building projects which commenced since 2008 involving the company to which the Deputy refers are contained in the attached document.

Contractual disputes can and do occur on a proportion of all building projects. When these arise there are informal procedures, in addition to formal procedures within the contract, to deal with such disputes. Most of the projects on the attached list relate to contractual arrangements between individual schools and the contractor to which the Deputy refers. As such, the detailed records sought by the Deputy would be retained by the individual contracting authorities and their Design Teams. The compilation of such information would take a significant amount of official time to compile. Furthermore, without a detailed knowledge of each individual project and the site specific issues involved, the details compiled could be open to misinterpretation.

However, if the Deputy has a specific query on a specific project and where it is considered that the release of such information would not adversely affect my Department's ability to resolve any extant or future contractual or legal issues which may arise, then I would be happy to provide the details required.

County

Roll No.

School

Sector

Project

Year commenced

Current position

Carlow

17501Q

Bennekerry NS, Bennekerry

Primary

New 16 classroom school

2011

On site

Cavan

61060M

St Patrick’s College, Cavan, Co. Cavan

Post-primary

New School for 625 pupils

2010

On site

Dublin City

18646B

Springdale NS, Lough Derg Rd., Raheny

Primary

New School

2009

Substantial Completion

Dublin City

19583I & 19431I

St Joseph’s Jnr & Snr Ballymun

Primary

Refurbishment

2009

Substantial Completion

Dublin Fingal

20231H

St. Benedicts Ongar NS, Littlepace

Primary

New 24 classroom school

2009

Substantial Completion

Dun Laoghaire Rathdown

19474D

St. Colmcille’s Junior NS, Knocklyon, Templeogue, Dublin 16 (Linked to 19742C)

Primary

New 58 classroom school for St Colmcille’s Junior & Senior schools.

2011

On site

Dun Laoghaire Rathdown

19742C

St. Colmcille’s Senior NS, Knocklyon, Templeogue, Dublin 16 (Linked to 19474D)

Primary

as above

2011

On site

Galway

91514U

Glenamaddy Community School, Glenamaddy

Post-primary

New 500 pupil school

2008

Substantial Completion

Kildare

13350A

Scoil Bhride, Athgarvan

Primary

4 Classroom extension, plus ancillary accommodation

2010

Substantial Completion

Kildare

16345A

Scoil Bhride, Nurney, Co. Kildare

Primary

New 8 classroom

2010

Completed

Kildare

17674B

SN Aine Naofa, Ard Cloc, Straffan

Primary

New 16 Classroom school

2010

On site

Kilkenny

15160G

Marymount N.S., The Rower, Inistioge

Primary

Extension/ Refurbishment

2010

Substantial Completion

Mayo

72050U

St. Brendan’s College, Belmullet

Post-primary

Extension/ Refurbishment

2008

Completed

Meath

16655P

Scoil Naise na Dearmhai, Longwood

Primary

New 12 classroom School

2008

Substantial Completion

Meath

20180Q

Scoil Eoin National School, Navan

Primary

New 16 classroom school

2010

Substantial Completion

Offaly

17637S

SN Sheosaimh Naofa, Beál Átha na gCarr, Tullamore

Primary

New 8 classroom school

2010

On site

South Dublin

76097U

Adamstown Community College

Post-primary

New 1000 pupil school

2008

Completed

Westmeath

18812P

Loch an Ghair NS Mullingar

Primary

New 8 classroom school.

2009

Substantial Completion

Wicklow

09760V

Powerscourt NS, Powerscourt, Enniskerry, Co. Wicklow

Primary

New 4 classroom school

2011

On site

FÁS Training Programmes

Finian McGrath

Question:

90 Deputy Finian McGrath asked the Minister for Education and Skills the position regarding a FÁS course in respect of a person (details supplied). [36776/11]

I understand from FÁS that the TEFL training course does not qualify for support from FÁS. FÁS did provide the person in question with a form on 17 May 2011 to be completed by the relevant Training Provider giving information on the programme in question. This form was returned to FÁS on 13 July 2011. I also understand from FÁS that at no time did FÁS give a commitment to the person in question to provide funding towards the cost of attending this training course.

Higher Education Awards

Finian McGrath

Question:

91 Deputy Finian McGrath asked the Minister for Education and Skills the basis on which the conferring of a PhD was stopped (details supplied). [36785/11]

I understand that the matter referred to by the Deputy arose out of issues with the assessment leading to the award. Under the Qualifications (Education and Training) Act, 1999, the conduct of assessment and issuing of awards are matters for the institution concerned and the Higher Education and Training Awards Council.

State Examinations

Éamon Ó Cuív

Question:

92 Deputy Éamon Ó Cuív asked the Minister for Education and Skills if there is an upper age limit set down by him for the employment of invigilators for State and third level examinations; and if he will make a statement on the matter. [36814/11]

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations including organising the holding of examinations, supervising the examinations, making arrangements for the marking of work presented for examination and determining procedure to enable the review and appeal of results of examinations at the request of candidates. In view of this, I have forwarded your query to the State Examinations Commission for direct reply to you.

Universities and Institutes of Technology are autonomous academically independent institutions within the meaning of the Universities Act, 1997 and the Institutes of Technology Act, 2006. Under the terms of these Acts the operational management of the institutions, including the recruitment and appointment of staff, is the responsibility of their management authorities. Accordingly, my Department has no role in the employment of invigilators in the higher education sector.

School Staffing

Éamon Ó Cuív

Question:

93 Deputy Éamon Ó Cuív asked the Minister for Education and Skills if teachers who retire from teaching in the next three months will be eligible to be rehired as teachers until the end of the school year; if so, the reasons for same; the cost that such a decision would entail; the estimated number of young teachers that will not get employment as a result; and if he will make a statement on the matter. [36815/11]

Following discussions with the second level management bodies I have, in the last week, published an information note on the subject of re-employment of retiring teachers of post-primary examination classes. These measures will be confined to teachers teaching State examination classes in post-primary schools and do not apply to teachers with no exam classes or to primary school teachers.

Post-primary schools may re-employ teachers who retire between 1 December 2011 and 29 February 2012 and who, immediately before their retirement, have been teaching students preparing to sit the Junior or Leaving Certificate examinations in 2012. These teachers may be re-employed until the summer holidays for the teaching duties for which they were timetabled immediately before their retirement. Where a teacher's pre-retirement duties included both teaching and non-teaching duties, such as in the case of an Assistant Principal or Deputy Principal, the teacher may be re-employed for his or her teaching hours only. There is no additional cost of this measure. Those teachers who have retired would, in any event, receive their pension and lump sum. In the event that retired teachers were not re-employed for classes preparing for the Junior and Leaving Certificate then other teachers would be recruited to fill these teaching hours. Those retired teachers re-employed until the end of the teaching year will be paid at the reduced rate applicable to post Jan-2011 new entrant teachers.

I am aware that there are a large number of qualified and registered teachers who are unable to source work at the current time. I am also very alive to the pressures our young people are under to perform well in their State exams. I believe that the approach being adopted strikes the right balance between the needs of students who face into significant examinations, the retiring teachers who have invested a huge amount of time and effort in preparing students for their examinations and those teachers who are looking forward to the opportunities presented by the increased level of retirements at a time of constrained resources.

Schools Refurbishment

Brendan Smith

Question:

94 Deputy Brendan Smith asked the Minister for Education and Skills if he will urgently review an application submitted under the emergency works scheme and previously under the summer works scheme 2011 to him in respect of necessary facilities that must be provided without further delay in respect of a school (details supplied) in County Cavan; if he will give further consideration to the detailed request made in the submission in view of the fact that he has given a welcome commitment to take a personal interest in this application; and if he will make a statement on the matter. [36824/11]

I wish to advise the Deputy that my Department has recently received a cost estimate for the works concerned. A decision will be conveyed to the school authority as soon as this information has been assessed.

Residential Institutions Redress Scheme

Dominic Hannigan

Question:

95 Deputy Dominic Hannigan asked the Minister for Education and Skills if he has received any correspondence on the statutory trust fund for industrial school survivors; the steps he is taking to ensure that the trust, when set up, is run in a manner that is desired by the majority of survivors; and if he will make a statement on the matter. [36826/11]

On 5th July last, I announced that the Government was proceeding with legislation to provide for the establishment of a statutory fund to support the needs of victims of residential institutional abuse, as endorsed by Dáil Éireann in the aftermath of the publication of the Ryan Report in 2009. The legislative proposals followed extensive consultations with survivors of residential abuse and the groups which support them, together with a public consultation process. In this context, the report on the consultation process and the General Scheme of the Residential Institutions Statutory Fund Bill were published on my Department's website.

Some former residents advocated a simple distribution of the available money rather than the establishment of the Statutory Fund. However, as I outlined when I published the legislative proposals, I believe that the Fund should target resources at services to support former residents' needs. The General Scheme outlines the range of services proposed.

I had a very constructive meeting with groups representing survivors of residential institutional abuse on 22nd July last, when we discussed the Government's approach to the proposed Statutory Fund. Attendees at that meeting raised a number of issues regarding aspects of the proposed approach as set out in the General Scheme of the Residential Institutions Statutory Fund Bill. I have also received a number of submissions from groups and individuals in relation to the proposed legislation. Work is progressing on the drafting of the Bill and the various views expressed to date are being considered as the drafting process continues.

Departmental Expenditure

Michael McGrath

Question:

96 Deputy Michael McGrath asked the Minister for Education and Skills the total cost of State support, including current and capital expenditure, in 2011 to fee-paying schools; and if he will make a statement on the matter. [36845/11]

As the Deputy may be aware, there are 55 fee-charging schools in the State. Fee-charging schools do not receive capitation grants or related supports. The only current funding provided to fee-charging schools by my Department in 2011 is the Assistive Technology grant for students with particular special educational needs. Almost €22,000 was paid to fee-charging schools in respect of this grant to date this year (as at 21 November 2011). The total amount of capital funding provided to fee-charging schools this year, up to 21 November, is €2.15m. It must be noted that this is just over 0.4% of the entire capital budget for education in 2011.

In addition to this funding, teachers employed within the approved annual staffing allocation granted by my Department in fee-charging schools are paid by the State; an arrangement that predates the introduction of free education arrangements and which has existed since the foundation of the State. The estimated cost of these posts in 2011 is in the order of €100m. I am already on record as saying that this is not a simple matter as these arrangements, which are historic and of long standing, impact upon a substantial number of schools which cater for religious minorities.

School Enrolments

Michael McCarthy

Question:

97 Deputy Michael McCarthy asked the Minister for Education and Skills the number of schools here which are considered to be all-girl schools but which have boys enrolled; and if he will make a statement on the matter. [36870/11]

In 2010/11, on the basis of the annual returns made by schools, 13 of the schools considered to be all girls schools had a total of 73 boys enrolled. These boys were enrolled in special classes in the schools concerned.

Special Educational Needs

Terence Flanagan

Question:

98 Deputy Terence Flanagan asked the Minister for Education and Skills if he will pay home tuition funding until a place becomes available in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [36871/11]

The Deputy will be aware that the National Council for Special Education (NCSE) have been fully engaged in identifying placement options for the child in question. The NCSE has advised my Department that, irrespective of the assessed levels of ability of the child, there are schools placements available for this child. I also understand from my officials that the parents of this child have been advised of their placement options by the NCSE. It is now a matter for the parents of the child concerned to engage with the schools in question and to apply to have their child enrolled to a school.

The purpose of the Home Tuition Scheme is to provide a compensatory educational service for children who are unable to attend school for a number of reasons such as chronic illness, or for whom there are no available placements. Home tuition was approved for the child in question by my Department from the start of the school year until the end of September 2011 as there was no available placement. Home Tuition was subsequently extended until 14th October 2011, for the purpose of completing the enrolment process. My Department may consider whether there is a requirement to extending this period further to facilitate transitional arrangements, as an exceptional measure, once a school based placement has been accepted by the parents.

Employment Rights

Joanna Tuffy

Question:

99 Deputy Joanna Tuffy asked the Minister for Education and Skills if contractors employed on school building projects are obliged to abide by labour agreements with regard to pay and conditions for tradespeople; if such matters are policed at present; if there are any plans to reform the process of awarding school building contracts to ensure that agreed pay and conditions are adhered to by contractors; and if he will make a statement on the matter. [36876/11]

All Contractors employed on school building projects are required to ensure that rates of pay and conditions of employment, including pension contributions, comply with all applicable law and that those rates and conditions are at least as favourable as those for the relevant category of worker in any employment agreements registered under the Industrial Relations Acts 1946 to 2004.

My Department has produced a guidance document called DTP Practice Note 5 — Pay and Conditions of Employment 1st Edition October 2010 (http://www.education.ie/servlet/blobservlet/ pbu_dtp_pay_conditions_note_5.pdf). This practice note sets out the duties of the Contractor and the Employer’s Representative (usually the Project Architect) under the relevant contract used for individual school building projects. Where complaints regarding compliance with employment rights legislation arise, the appropriate statutory body for investigating such complaints is the National Employment Rights Authority (NERA). Its remit includes both inspection and enforcement (and prosecution) services. NERA’s website is http://www.employmentrights.ie.

The Deputy may be interested to know that I have asked the relevant officials in my Department to discuss a proposal suggested by the Irish Congress of Trade Unions which may lead to a higher level of compliance on all school building projects funded by the state. Discussions on this will continue in the coming period.

Special Educational Needs

Clare Daly

Question:

100 Deputy Clare Daly asked the Minister for Education and Skills if he considers applied behaviour analysis to be a science; the names of the professionals who have advised him regarding same; and if he will furnish Dáil Éireann with a copy of the report. [36888/11]

It is understood that the Deputy's question refers to my Department's policy on the education of children with autism. My Department's policy is centred on an inclusive approach promoting the use of a range of autism specific interventions including TEACCH, PECs and Applied Behavioural Analysis (ABA). Under this approach, each child can benefit from a number of different interventions to ensure the optimum individualised educational programme for him/her. Educational intervention for children with ASD needs to be child-centred and tailored to meet the needs of each child, rather than matching the needs of a child to one particular or exclusive intervention.

In arriving at the preferred policy which is currently in place, my Department has considered published research, including the Report of the Task Force on Autism (2001) and the Evaluation of Educational Provision for Children with Autistic Spectrum Disorders (2006), both of which are available on my Department's website and have informed the policy. My Department was also mindful of contributions of many other experts at international conferences/visits which have also informed the development views. It is not possible to exhaustively list all of the contributions and contributors who have informed and influenced the Department of Education and Skills position on educational provision for children with autism.

The report of the Task Force on Autism and the Evaluation of Educational Provision for Children with Autistic Spectrum Disorders (2006), describes Applied Behavioural Analysis as an approach and contains significant and comprehensive commentary on this approach. I see no reason to call this description of Applied Behavioural Analysis into question.

Flood Relief

Finian McGrath

Question:

101 Deputy Finian McGrath asked the Minister for Public Expenditure and Reform if he will provide an update on further dredging the Tolka River along Richmond Road, Dublin 3, in view of future flooding concerns; and if he will also provide an update on a national strategy on coastal flooding which would include the views of local residents. [36713/11]

The River Tolka Flood Relief Scheme was undertaken by the Office of Public Works (OPW) on behalf of Dublin City Council, Meath County Council and Fingal County Council, who acted as the contracting authority and who undertook all public consultation before and during the construction works. The relevant councils also brought the works through the planning process. The final element to the scheme is being implemented by Fingal County Council with the replacement of a bridge in Mulhuddart. Maintenance of the channel in the area referred to by the Deputy is currently a matter for Dublin City Council. OPW is not aware of any particular location in that area where maintenance would be required.

The views of local residents will be taken fully into consideration in preparing plans for the management of coastal flood risk. This will be done within the Catchment-based Flood Risk Assessment and Management (CFRAM) Programme, which will initially identify areas of potential significant risk of coastal flooding and for possible further assessment. Management plans will be prepared on a catchment basis, including coastal areas, which will outline the appropriate measures to best manage the coastal flood risk. Draft management plans will be subject to public consultation and Strategic Environmental Assessment will also be undertaken in respect of the proposed measures.

OPW has appointed engineering consultants to 5 of the 6 river basin districts and the final one is at tender stage. OPW expects to make the final appointment in the coming weeks. It is expected that a public consultation on the Eastern area CFRAM will take place early in 2012. Further public consultation will also be necessary under the existing Environmental Impact Assessment, Planning or Exhibition Processes prior to detailed design stage.

Departmental Expenditure

Robert Troy

Question:

102 Deputy Robert Troy asked the Minister for Public Expenditure and Reform the reductions to Members’ pay, expenses and pension entitlements that have taken place in the previous three budgets. [36739/11]

The previous three budgets cover the period from the Supplementary Budget in April 2009 to Budget 2011 which was announced in December last. Significant reductions have been effected to the pay, expenses and pensions of Oireachtas members in the period and since the current Government took up Office.

The pay rates of Oireachtas members have been reduced through the application of the Financial Emergency Measures Acts 2009. This legislation applied the pension related deduction with effect from March 2009 and the pay reduction from January 2010 to all public servants including members of the Oireachtas. This represented a cumulative reduction of 15% in respect of members of the Dáil and 13% for members of the Seanad. Also, under the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act 2009, the payment of Long Service Increments to members ceased with effect from the formation of the current Oireachtas. The cost of allowances in the nature of pay paid to members in respect of parliamentary duties as Chairs of Oireachtas Committees, Party Whips, Members of the Oireachtas Commission etc. has been reduced by the Government in the current Oireachtas by some 50% from 2010.

For senior Office Holders including An Taoiseach, Ministers, Ministers of State, Ceann Comhairle, and Leas-Cheann Comhairle, the cumulative reductions in salaries including those announced by the Government on taking office, have resulted in significantly higher reductions ranging from 24% to 37%.

In conjunction with the Oireachtas Commission a major reform of the system of expense allowances for Oireachtas members was made last year. The new system provided for a single, transparent and verifiable parliamentary allowance system to cover the parliamentary and representation costs of Deputies, Senators and Ministers. This major reform carried through the reductions already imposed on Oireachtas members' expenses in 2009. The mileage allowance was reduced by 25% and other allowances were reduced by 10%. New lower limits have also been set to the entitlement to prepaid envelopes for Members. This is now 1,250 envelopes per month for Deputies and 750 envelopes per month for Senators.

In relation to pensions, a number of measures have been implemented. Following the recent General Election, members who are elected to either House may not be paid an office-holder pension while a sitting member. This measure was provided for in the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act 2009. The Public Service Pension Reduction (PSPR) applies to former members of the Oireachtas. In addition, the pay reductions applied to members' salaries since 2010 will impact on pension benefits for those retiring after the end of the ‘grace period', i.e. from March 2012 onwards. Those retiring on pension before that date are subject to the PSPR.

Decentralisation Programme

Dara Calleary

Question:

103 Deputy Dara Calleary asked the Minister for Public Expenditure and Reform the position regarding the review of decentralisation projects that have been selected for review; when a final decision will be made on their progress and specifically on the review process involving the proposed Charlestown, County Mayo, location. [36803/11]

My Department is reviewing, in liaison with the OPW and the relevant Departments, the viability and future prospects of 22 decentralisation projects. I will bring proposals to Government later in the year in relation to these. These projects, detailed in the table, include those where temporary accommodation was provided for advance parties of various sizes pending permanent accommodation for the entire project; those with permanent accommodation that now face the prospect of significant staffing shortfalls due to the change in the staffing outlook; and some that have business/operational effectiveness issues that require further consideration.

The review of the 17 advance party projects, including the one currently at Tubbercurry (for Charlestown), will take account of property and cost issues; the possibilities for integration with other regional or national offices; staffing and IR issues; and any business, operational effectiveness and related considerations that pertain, including any proposals to curtail and close down programmes and agencies.

The majority of advance party projects were decentralised as viable/stand alone units and moved in accordance with detailed implementation plans. In the event that any significant changes to individual projects are necessary in the light of the review, my Department will work through the implications of any decision, in consultation with decentralising organisations, and the unions as appropriate.

Decentralisation Projects to be reviewed*

Location

Advance Parties

Total Posts due to decentralise

Staff moved to organisation at end January 2011

Athy

Office of Revenue Commissioners (Advance Party)

253

73

Birr

FÁS (Advance Party)

398

20

Carlow

Jobs Enterprise and Innovation (Advance Party)

257

103

Cavan

Communications Energy & Natural Resources (Advance Party)

301

57

Claremorris (Phase I)

Office of Public Works (Advance Party)

104

31

Clifden

Pobal (Advance Party)

42

25

Dundalk

Sustainable Energy Ireland (Advance Party)

34

11

Portarlington

Data Protection Commissioner (Advance Party)

23

23

Portlaoise (for Portarlington)

Equality Tribunal (civil service) (Advance Party)

42

8

Portlaoise (for Portarlington)

NCCA (civil service) (Advance Party)

37

12

Portlaoise

Agriculture Food and the Marine (Advance Party)

595

317

Roscrea

Equality Authority (civil service) (Advance Party)

41

16

Shannon

Enterprise Ireland (Advance Party)

292

66

Tipperary Town

Justice & Equality (INIS) (Advance Party)

186

63

Thomastown

Health & Safety Authority (Advance Party)

116

33

Thurles

Garda Headquarters CGVU & FCPS (Advance Party)

199

133

Tubbercurry (for Charlestown)

Environment Community and Local Government (Advance Party)

164

100

17 Projects

2,898

1,091

Projects with Staffing Shortfalls or Business/Operational Effectiveness issues to be considered

Location

Advance Parties

Total Posts due to decentralise

Staff moved to organisation at end January 2011

Curragh

Defence Forces

413

0

Clonakilty**

BIM

90

20

Limerick

Development Cooperation, Foreign Affairs & Trade

134

134

Newbridge ***

Department of Defence

201

165

Roscommon

Property Registration Authority

230

77

5 Projects

1,068

396

Overall Total 22 Projects

3,966

1,487

*The projects to be reviewed include some where permanent accommodation has been provided but where there are staffing shortfalls or business/operational effectiveness issues that require consideration.

**The Sea Fisheries Protection Authority (47 staff) were subsequently allocated some of the space provided for BIM.

***To review HQ designation only.

Proposed Legislation

Brendan Smith

Question:

104 Deputy Brendan Smith asked the Minister for Public Expenditure and Reform when the Construction Contracts Bill will be introduced in Dáil Éireann; and if he will make a statement on the matter. [36690/11]

You will be aware that the Programme for Government contains a commitment to introduce new legislation to protect small building subcontractors that have been denied payments from bigger companies. In this regard, my colleague Minister of State Mr Brian Hayes has been working with Senator Quinn to develop the Construction Contracts Bill, which is now before the Dáil, into a robust piece of legislation. In order to address a number of issues that were raised during the consultation on the Bill a Regulatory Impact Assessment (RIA) was carried out. The RIA was completed and published on 27 September. The Report is available on my Department's website: www.per.gov.ie/reports.

The RIA examined issues relating to payment practices in the construction sector and assessed the need for legislative intervention. It found that legislation is desirable to improve payment practices and to allow swift resolution of payment disputes by way of adjudication, allowing projects to be completed without wasting time and money in litigation. In addition, the RIA examined the main proposals to amend the Bill that were raised during the Seanad debate and subsequent consultation. It found that there were merits to considering amending the Bill in a number of respects e.g. to bring lower value contracts within its scope and to make the adjudicators award binding in payment dispute cases. It concluded that any such amendments should be formulated in such a manner that would protect the taxpayer.

Minister Hayes is now reflecting on the findings of the RIA and is preparing legislative proposals which will be brought to Government shortly for approval. It is essential that the solution to this issue needs to be balanced so as to avoid imposing regulatory or cost burdens on parties in dispute, the State or others.

Pension Provisions

Gerry Adams

Question:

105 Deputy Gerry Adams asked the Minister for Public Expenditure and Reform if he will provide a breakdown of the pensions paid to retired judges of the Supreme Court; if he will include the names, their pensions entitlements and any other public service pensions they receive; and the total cost to the State each year in paying such pensions in tabular form. [36783/11]

It has not been possible for the Office of the Paymaster General to provide the data in the time available. It will be provided to the Deputy by the end of this week. Any inconvenience caused to the Deputy by this delay is regretted.

Gerry Adams

Question:

106 Deputy Gerry Adams asked the Minister for Public Expenditure and Reform if he will provide a breakdown of the pensions paid to retired judges of the High Court; if he will include the names, their pensions entitlements and any other public service pensions they receive; and the total cost to the State each year of paying such pensions in tabular form. [36784/11]

It has not been possible for the Office of the Paymaster General to provide the data in the time available. It will be provided to the Deputy by the end of this week. Any inconvenience caused to the Deputy by this delay is regretted.

Departmental Properties

Michael McGrath

Question:

107 Deputy Michael McGrath asked the Minister for Public Expenditure and Reform if the Office of Public Works has carried out an exercise to benchmark the rent it pays for buildings to the rent paid for similar buildings by the private sector; his views on the ability to reduce the rental bill incurred by the State; and if he will make a statement on the matter. [36850/11]

The Office of Public Works constantly benchmarks the rent it pays against rent paid for similar buildings in the private sector. Property consultants CBRE were commissioned in 2008 to benchmark OPW rental performance against market outcomes. The consultants found that overall, OPW are achieving comparable value for money. OPW has adopted a twin track approach to reducing the annual rent bill:(a) rationalisation of the leasehold portfolio through targeted surrenders of leases and (b) pro-active pursuit of reductions at rent reviews, notwithstanding "upward only" review provisions in leases.

Under the property rationalisation programme, leases surrendered in 2010 resulted in a reduction of €8.75 million in annual rental value. Leases surrendered so far this year will achieve an annual rental value saving of €3.17million. Rent reductions in 2010-2011 to date, achieved by negotiation, reduced the annual rental bill by a further €2.75 million. The rent reduction strategy and the property rationalisation programme will continue to be rolled out in the next 3 years and will be regularly reviewed and adjusted to achieve maximum savings in the annual rental bill.

State Bodies

Michael McGrath

Question:

108 Deputy Michael McGrath asked the Minister for Public Expenditure and Reform the amount of money which will be saved from current expenditure in 2012 from the announced closure and amalgamation of certain State bodies; and if he will make a statement on the matter. [36852/11]

The radical streamlining of state bodies is a key deliverable of the Government's Reform Programme and will, I believe, lead to a more transparent, accountable and efficient public service. It should not be viewed solely as a costs saving exercise. The Government believes that real benefit will come from a less crowded administrative landscape resulting in greater democratic accountability, less duplication of effort and clearer lines of responsibility for citizens. As set out in the published documents the direct savings likely to accrue from the rationalisation of State Bodies are estimated at about €20 million.

Public Service Agreements

Michael McGrath

Question:

109 Deputy Michael McGrath asked the Minister for Public Expenditure and Reform the net expected savings to current expenditure in 2012 from the implementation of the Croke Park deal including the redundancies across the public sector; and if he will make a statement on the matter. [36853/11]

The estimates allocation and overall budgetary process will set out the approach to be taken to Government expenditure. This framework does not assign specific savings targets to those areas that are covered by the Public Service Agreement 2010-2014. However, the Agreement provides for an annual review of the savings generated from its implementation. The first such review undertaken by the Implementation Body, which was published in June 2011, established that sustainable Exchequer pay bill savings of €289m had been achieved during the first year of the Agreement (i.e. the 12 months to end March 2011), driven primarily by the reduction in public service numbers of 5,349 over that period. The Body’s report also provided evidence of significant non-pay savings achieved across the public service over the review period. Further reports will be published by the Implementation Body on an annual basis.

The Government's new Public Service Reform Plan announced on 17th November last provides for reducing the total number of Public Service employees by some 23,500 by 2015 compared to the total number at the end of 2010. In 2011, it is expected a further reduction of some 5,000 in staff numbers across the Public Service to bring the numbers below 300,000 (whole time equivalents) by the end of 2011. New high level targets for each sector in respect of 2012 will be set out at Budget time. In total, it is expected that by 2015, Public Service numbers are expected to have fallen by 37,500 since 2008 (a reduction of almost 12%). When delivered, this will have reduced the gross pay bill by over €2.5 billion (or 15%) since 2008.

This reduction excludes the effect of the pension related deduction on the exchequer paybill which gives rise to a further saving of some €900m on an annual basis. The public service number reductions are expected to be achieved through retirements and restrictions on recruitment except where existing exit mechanisms apply. The Croke Park Agreement provides the framework within which these reductions can be made and is a key enabler of the Government's public service reform programme.

State Agencies

Marcella Corcoran Kennedy

Question:

110 Deputy Marcella Corcoran Kennedy asked the Minister for Jobs, Enterprise and Innovation the plans he has for the offices of Shannon Development in Birr, County Offaly; if staff are to be moved to another location; if moneys spent on this office can be recouped by the Exchequer; and if he will make a statement on the matter. [36856/11]

The movement of staff within Shannon Development and the refurbishment of its offices are day to day matters for which I have no responsibility. I am informed by Shannon Development, however, that it currently has no plans for its offices in Birr or to relocate staff based there.

The Minister for Public Expenditure and Reform announced details of the Government's intention to reform the Public Sector on 17 November 2011. Shannon Development was identified as one of the agencies which will be subject to a review, in the context of the recommendations contained within the Mid West Task Force Report, and that such review is to be completed by end June 2012.

The recommendations of the Report of the Mid West Task Force relate mainly to the programmes and structures of the industrial development and other agencies in the region. My Department is currently in contact with a number of other Departments regarding the Report's recommendations. This consultation process will be completed shortly following which I will bring proposals to Government for discussion and decision.

Company Law

Jerry Buttimer

Question:

111 Deputy Jerry Buttimer asked the Minister for Jobs, Enterprise and Innovation in view of the high cost of company examinership procedures and that such costs effectively preclude many companies from using this option, if he will consider allowing examinership to be carried out at Circuit Court level for companies with turnovers below a certain predetermined level; and if he will make a statement on the matter. [36172/11]

Section 3(9)(a) of the Companies (Amendment) Act 1990 provides, in the context of an application to the High Court for the appointment of an examiner to a company, that where it appears to the High Court that the total liabilities of the company (taking into account its contingent and prospective liabilities) do not exceed €317,434.52, the High Court may order that the matter be remitted to the judge of the Circuit Court in whose circuit the company has its registered office or principal place of business. I am positively disposed to substantially increasing this current threshold of €317,434.52 in the context of the forthcoming Companies Bill which is currently being progressed by my Department in conjunction with the Office of the Parliamentary Counsel.

Job Creation

Finian McGrath

Question:

112 Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation the position regarding support for a start-up company and internship in respect of a person (details supplied) in Dublin 5. [36775/11]

The role of my Department is to drive Ireland's competitiveness and productivity by creating the conditions where enterprise, entrepreneurship and innovation can flourish and quality employment opportunities are grown and maintained. Funding is provided to a number of State Agencies under its aegis including the County and City Enterprise Boards (CEBs), through whom assistance is delivered directly to businesses.

The role of the CEBs is to develop indigenous potential and stimulate economic activity at a local level primarily through the provision of financial and technical support for the development of small and micro-enterprises. The Boards form a nationwide support network for small business and are considered to be a first point of contact for persons wishing to set up in business

While my Department provides funding to the CEBs neither I nor my Department officials have any role or function in the day-to-day decision making activities of the Boards. The CEBs are independent companies, limited by guarantee and therefore legal entities in their own right. Decisions on applications for assistance from the CEBs are made independently by the Boards, subject to eligibility criteria, on the advice of their evaluation committees, and any person wishing to consider starting up a business is therefore advised to contact their local CEB in the first instance.

Contact details for each of the CEBs is available on their national website www.enterpriseboards.ie. The Dublin 5 area falls within the catchment area of Dublin City Enterprise Board, 5th Floor, O’Connell Bridge House, D’Olier Street, Dublin 2, phone 01-6351144, email gswift@dceb.ie, website www.dceb.ie. In addition to the supports and services of the state agencies under the aegis of my Department, the promoter may also wish to be made aware that the Department of Social Protection also provides assistance through various Back to Work (Enterprise) Schemes and an Employer (PRSI) Incentive Scheme.

In addition and subject to certain eligibility criteria, persons returning to the workplace (having been unemployed for over a year) may be able to avail of Revenue's Job Assist. In this regard, the promoter may wish to contact the Departments of Social Protection at www.welfare.ie and Revenue at www.revenue.ie for further information.

With regard to internship placements, my Department participates in the "JobBridge National Internship Scheme" that provides work experience placements for interns for a 6 or 9 month period. Currently, my Department has no positions advertised, however positions will be advertised in line with business demands and therefore I would advise that interested persons regularly view the JobBridge website www.jobbridge.ie for details of placements as they arise across a variety of organisations.

Departmental Expenditure

Michael McGrath

Question:

113 Deputy Michael McGrath asked the Minister for Jobs, Enterprise and Innovation his views on the suitability of creating a single funding stream for all science, technology and innovation activities across all Departments; the associated savings that would result; and if he will make a statement on the matter. [36846/11]

While the areas around which public R&D budgets have been oriented to date (ICT, biotechnology, aspects of energy policy) were appropriate for building a broad base of national expertise in fundamental, underpinning science and technology we now need to leverage the strengths that have emerged from the investment that has taken place. We need to target investment so that we have critical mass in areas that link more precisely to sustaining or growing jobs.

The recommendations of the independently constituted Research Prioritisation Steering Group, chaired by Jim O'Hara, former General Manager, Intel Ireland, will be key in implementing efficiency and effectiveness in our system of public investment in R&D, and this will be complemented by other initiatives, notably the forthcoming legislation to extend the remit of Science Foundation Ireland to enable it to fund applied research.

The report of the Research Prioritisation Group has been completed and submitted to the Minister for Jobs, Enterprise and Innovation and myself and will shortly be brought to Government for consideration. Future focus of investment on the priority areas identified will require greater cohesion of funding across Departments and agencies. Achieving this cohesion is likely to be more impactful than a single funding stream per se.

Small and Medium Enterprises

Michael McGrath

Question:

114 Deputy Michael McGrath asked the Minister for Jobs, Enterprise and Innovation if he has a standard definition of a small and medium sized enterprise; the number of SMEs in operation here; the number of staff they employ in total; and any information he may have on the number with less than ten employees, less than five employees and so on. [36900/11]

The standard definition of a small and medium sized enterprise is defined in Commission Recommendation 2003/361/EC. Enterprises qualify as micro, small and medium-sized enterprises (SMEs) if they fulfil the criteria laid down in the Recommendation which are summarized in the following table. In addition to the staff headcount ceiling, an enterprise qualifies as an SME if it meets either the turnover ceiling or the balance sheet ceiling, but not necessarily both. My Department does not compile statistics on the number of SMEs in operation here or the number of staff they employ. Responsibility for statistical information rests with the Central Statistics Office.

Enterprise category

Number of Employees

Turnover

or

Balance sheet total

medium-sized

< 250

? € 50 million

? € 43 million

small

< 50

? € 10 million

? € 10 million

micro

< 10

? € 2 million

? € 2 million

FÁS Training Programmes

Eoghan Murphy

Question:

115 Deputy Eoghan Murphy asked the Minister for Social Protection if it is current policy for the training agency FÁS to financially assist and advertise events (details supplied) which promote Irish persons moving overseas for work. [36761/11]

FÁS promote vacancies within the European Union (EU) and the European Economic Area (EEA). This is as a result of Ireland's being part of a single European Labour Market. Any costs involved in the promotion of these vacancies are paid by way of grant from the European Commission.

With regard to non EU/EEA jobs and specifically in relation to the Canadian Job Fair held in Dublin on 12th and 13th November and Cork on the 8th November, FÁS (International Employment Services) were asked by the Governments of the Canadian Provinces of Newfoundland, New Brunswick, Prince Edward Islands and Labrador to assist the Irish Canadian Business Association with their organisation of these Job Fairs. They were anxious that Irish jobseekers going to Canada had the full facts of the Canadian visa requirements, full information on the recognition of their qualifications and were making the right decision for themselves and their families.

The Fair was attended by the Immigration Departments of the above Provinces who offered help and assistance with the immigration and visa process in addition to representing many Canadian employers with well paid opportunities. The Fair was also attended by almost 20 Canadian companies who wished to recruit directly. I understand from FÁS that they took a stand at both Fairs with a view to pointing out the alternatives to moving to Canada and in order to point out those areas where the Canadians were looking for workers and

To prevent, as far as possible, unprepared and unplanned migration to Canada.

To give people advice on their qualifications so as to maximise their earning potential.

To give people pre-departure advice and guidance.

FÁS contacted registrants to advise them that it was taking place. This was done by text messaging which was paid for by the Canadian Irish Business Association. All other costs were paid by the Association.

Community Employment Schemes

Dominic Hannigan

Question:

116 Deputy Dominic Hannigan asked the Minister for Social Protection if her attention has been drawn to the agreement between FÁS and FÁS community employment supervisors after a case in the Labour Relations Commission was settled with FÁS putting in place pensions for the supervisors; if her further attention has been drawn to the fact that FÁS has told this organisation (details supplied) that the agreement is off and no pension will be provided despite the LRC case; the employment relationship between FÁS and FÁS CE supervisors; and if she will make a statement on the matter. [36854/11]

The Labour Court recommended in July 2008 that an agreed pension scheme should be introduced for community employment (CE) scheme supervisors and assistant supervisors, and that such a scheme should be adequately funded by FÁS. Notwithstanding the positions of the Department in rejecting that liability for these costs falls to be met from public funds, this matter has been the subject of discussions between the Department of Public Expenditure and Reform, my Department, and the unions representing CE supervisors.

In the event that funding was required from FÁS, the implementation of the claim is not considered sustainable in light of the current and ongoing fiscal environment and the requirement to contain and reduce public expenditure. The costs of the introduction of any scheme are likely to be of the order of €3m with retrospective costs of the order of at least €30m. The Deputy should also note that FÁS is not the employer of CE supervisors and such employees are not public servants. Neither was FÁS a party to the Labour Court dispute on this matter. The responsibilities of the sponsoring organisations and the individuals concerned must also be recognised when considering pension provision arrangements.

Social Welfare Code

Michael McGrath

Question:

117 Deputy Michael McGrath asked the Minister for Social Protection her views regarding the impact on employment of the proposal to force employers to pay the first four weeks of illness benefit for an employee; and if she will make a statement on the matter. [36901/11]

The question of introducing a scheme of statutory sick pay is one of a range of options being examined with a view to meeting the commitments which this country has entered into with the EU/IMF/ECB to achieve substantial reductions in current spending.

I should say, however, that statutory sick pay schemes are the norm amongst most EU member states. The extent to which employers are liable varies significantly — for example two years in the Netherlands, twenty eight weeks in the UK and 9 days in Finland. The specific manner in which such schemes operate — in terms of coverage, payment rates, compensation for certain employers and so on also vary considerably. A preliminary analysis based on estimates of absenteeism indicates that if a sick pay scheme with a duration of four weeks were to be introduced, it would add between €1-2 per employee per week to the costs of employment.

Michael McGrath

Question:

118 Deputy Michael McGrath asked the Minister for Social Protection the amount of money which would be raised in a full year if all income including rents and dividends were subject to PRSI. [36899/11]

Workers are liable to pay PRSI on their earnings from employment. If an employee has income from self-employment this income is also liable to PRSI as is any other unearned income such as rental income or dividends. However, if an employee has unearned income only, there is no PRSI charge on the unearned income. It is not possible in the time available for reply to do detailed calculations on the amount of money that would be raised in a full year if all income including rents and dividends were subject to PRSI.

Social Welfare Benefits

Jack Wall

Question:

119 Deputy Jack Wall asked the Minister for Social Protection the reason rent allowance payment has been reduced in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [36679/11]

The person concerned is in receipt of her full entitlement to rent supplement based on her household circumstances. The first €95.23 of a maintenance payment is assessed in full where a one-parent family payment has been awarded.

Social Welfare Offices

Simon Harris

Question:

120 Deputy Simon Harris asked the Minister for Social Protection the privacy rights persons visiting social welfare offices are entitled to; the way she enforces these rights; her plans to introduce reforms in this area; and if her attention has been drawn to problems that many social welfare recipients have when visiting social welfare offices in terms of being asked to convey confidential information to staff in public places. [36692/11]

Social Welfare offices provide a number of services such as provision of information; acceptance, authorisation and maintenance of claims for Jobseeker's Benefit, Jobseeker's Allowance and One-parent Family Payment; acceptance of PPS Number applications, etc. Every effort is made by staff in these offices to provide for confidentiality and privacy of persons who present for any of these services.

As far as possible, the layout and design of the offices provide for facilities to ensure the appropriate level of privacy for customers and staff in the conduct of their business. Such measures include the provision of screens and wall panelling with high absorption ratings and piped music (playing at reasonable volume) in the public waiting areas to facilitate the privacy of customers in the course of conducting their business, and acoustic screening at customer service points. Also, where appropriate, business can be conducted in private interview rooms.

In addition, staff are constantly mindful to take appropriate measures to ensure and safeguard the confidentiality and privacy of customers' personal data and information. This is also considered in the context of refurbishment of offices and when new offices are being commissioned.

Social Welfare Appeals

Sean Conlan

Question:

121 Deputy Seán Conlan asked the Minister for Social Protection when a person (details supplied) in County Monaghan will receive a date for an oral hearing with the appeals office; and if she will make a statement on the matter. [36694/11]

The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order.

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.

Noel Harrington

Question:

122 Deputy Noel Harrington asked the Minister for Social Protection when the application for carer’s allowance will be fully processed in respect of a person (details supplied) in County Cork; when a decision will issue; and if she will make a statement on the matter. [36708/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 13 April 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 10 November 2011 and the appeal was assigned to an Appeals Officer on 15 November 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.

Question No. 123 withdrawn.

Departmental Staff

Pearse Doherty

Question:

124 Deputy Pearse Doherty asked the Minister for Social Protection if she will allocate temporary staff to process carer’s allowance applications, which are at present taking on average six months to process; and if she will make a statement on the matter. [36716/11]

The average time to award a carer's allowance claim is approximately 14 weeks and there are currently just under 8,000 new applications awaiting decision. The processing of new applications is a priority. All options to assist in the reduction of backlogs are under constant review by the scheme management and senior management within the Department.

Social Welfare Appeals

Sandra McLellan

Question:

125 Deputy Sandra McLellan asked the Minister for Social Protection if she will expedite an appeal in the case of a person (details supplied) in County Cork. [36731/11]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 16th November 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.

Community Employment Schemes

Paschal Donohoe

Question:

126 Deputy Paschal Donohoe asked the Minister for Social Protection if there will be any changes to the way an organisation (details supplied) will be able to employ and access participants on community employment schemes once the structures are introduced for SOLAS; and if she will make a statement on the matter. [36743/11]

The Government announced a new further education and training authority to be called SOLAS (Seirbhísí Oideachais Leanúnaigh agus Scileanna) in July 2011. SOLAS has a mandate to ensure the provision of high-quality further education and training programmes to jobseekers and other learners for the 21st century. These services were previously provided by FÁS. SOLAS will operate under the aegis of the Department of Education and Skills. As a result of the introduction of SOLAS and the transfer or the remaining employment and community services elements to the Department of Social Protection, FÁS will be disbanded. Changes being introduced in relation to SOLAS and the disbandment of FÁS should not impact on the operation of the community employment programme.

Social Welfare Appeals

Seán Ó Fearghaíl

Question:

127 Deputy Seán Ó Fearghaíl asked the Minister for Social Protection if a disability allowance appeal will be expedited in respect of a person (details supplied) in County Kildare; when a date will be set for the appeal to be finalised; and if she will make a statement on the matter. [36828/11]

The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order.

While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person's oral hearing will be heard, but s/he will be informed when arrangements have been made. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Departmental Agencies

Michael McGrath

Question:

128 Deputy Michael McGrath asked the Minister for Social Protection if consideration has been given to merging the Pensions Board with the Financial Regulator; the associate savings that would be realised; and if she will make a statement on the matter. [36836/11]

The Pensions Board is a regulatory body operating under the aegis of my Department. The statutory role of the Board is to monitor and supervise the operation of the Pensions Act 1990. The Act defines the functions of the Board as follows:

to monitor and supervise the operation of the Pensions Act and pensions development generally, including trust Retirement Annuity Contracts (RACs) and Personal Retirement Savings Accounts (PRSAs).

to issue guidelines or guidance notes on the duties and responsibilities of trustees of schemes and codes of practice on specific aspects of their responsibilities.

to issue guidelines or guidance generally on the operation of the Pensions Act and on the provisions of the Family Law Act, 1995, and the Family Law (Divorce) Act, 1996, relating to pension schemes.

to encourage and support the provision of appropriate training facilities for trustees of schemes.

to advise the Minister on all matters relating to functions assigned to the Board under the Pensions Act and on matters relating to pensions generally and to undertake such tasks as the Minister may, from time to time, request.

The recently published Public Service Reform document identifies the amalgamation of the Pensions Board with the Financial Regulator as an issue for critical review by mid-2012. The McCarthy report also recommended the amalgamation of both agencies and a review was carried out at that time which concluded that such an amalgamation should not take place due to the crisis in the pensions and financial sectors and the limited savings which would accrue. My Department undertook to re-examine the feasibility of amalgamating both agencies in 2012. This review will take place within the required timescale.

It should be noted that the Pensions Board is funded by levies on pension schemes. Therefore, there would not be financial savings accruing to the Exchequer. However, until the review takes place, it is not possible to quantify if there are other efficiency gains to be achieved from such an amalgamation.

Social Welfare Benefits

Michael McGrath

Question:

129 Deputy Michael McGrath asked the Minister for Social Protection the number of children in respect of which child benefit is currently paid; and if she will make a statement on the matter. [36847/11]

Michael McGrath

Question:

130 Deputy Michael McGrath asked the Minister for Social Protection the number of children in respect of which the increase for a qualified dependent child is paid; and if she will make a statement on the matter. [36848/11]

I propose to take Questions Nos. 129 and 130 together.

Increases in primary weekly social welfare payments are currently paid in respect of 490,157 qualified children. About three quarters of these increases are paid at full rate, in respect of 366,944 children, while the remaining 123,213 are paid at half rate. Payment of qualified child increases is made at half-rate, that is €14.90 per week, in cases where a claimant's spouse or partner has income above certain thresholds or where both of the child's parents are in receipt of a personal rate social welfare payment in their own right, in which circumstance each parent may receive a half-rate qualified child increase. Child benefit is currently paid in respect of 600,030 families and 1,142,728 children. All figures quoted are as at end October 2011.

Michael McGrath

Question:

131 Deputy Michael McGrath asked the Minister for Social Protection the number of welfare customers in receipt of a FÁS training allowance or community employment allowance in addition to their basic payment; the amount that would be saved from discontinuing this practice for new and existing customers, respectively; and if she will make a statement on the matter. [36849/11]

From 1st January 2011 policy and funding responsibility for FÁS functions in relation to employment and community employment services was transferred to this Department in accordance with the provisions of the Social Welfare (Miscellaneous Provisions) Act 2011. Responsibility for FÁS training programmes rests with the Minister for Education and Skills.

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 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. With respect to the detailed information requested by the Deputy, I have been informed that following an examination by FÁS and the Department that this data could not be compiled and verified in the time available given that it requires details of some 22,000 CE participants to be cross-referenced by FÁS and the Department of Social Protection. I propose to forward the data to the Deputy once it has been compiled and verified.

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 AllowanceFrom 29 December 2010Jobseekers BenefitFrom 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.

Social Welfare Appeals

Michael McGrath

Question:

132 Deputy Michael McGrath asked the Minister for Social Protection the position regarding an appeal in respect of a person (details supplied) in County Cork. [36869/11]

The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order.

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.

Redundancy Payments

Gerald Nash

Question:

133 Deputy Gerald Nash asked the Minister for Social Protection the amount in redundancy rebates due to be paid out in 2011 in respect of enterprises which have closed down Irish operations and relocated to other countries; and if she will make a statement on the matter. [36880/11]

Gerald Nash

Question:

134 Deputy Gerald Nash asked the Minister for Social Protection the amounts of money paid out under the redundancy rebate programme in respect of the social insurance fund to two companies (details supplied) which have closed down their Irish operations and have relocated elsewhere; and if she will make a statement on the matter. [36881/11]

I propose to take Questions Nos. 133 and 134 together.

€11.1m and €13.8m were paid out in respect of the companies concerned. Rebates to employers and lump sums paid directly to employees are paid from the Social Insurance Fund (SIF). The total amount paid out in redundancy rebates to employers to date in 2011 is €185.3m. My Department does not compile information on rebates paid out in 2011 in respect of enterprises which may have closed down their Irish operations and subsequently relocated to other countries.

Social Welfare Appeals

Seán Kenny

Question:

135 Deputy Seán Kenny asked the Minister for Social Protection when a decision will be made by the chief appeals officer in respect of a person (details supplied) in Dublin 5. [36886/11]

The Social Welfare Appeals Office has advised me that the disability allowance claim of the person concerned was disallowed following an assessment by a Medical Assessor who expressed the opinion that she was medically unsuitable for the allowance. An appeal was registered on 12 October 2011 and in accordance with the statutory procedures the relevant department papers and the comments of the Social Welfare services on the matter raised in the appeal have been sought. In that context, an assessment by another Medical Assessor will be carried out. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and is responsible for determining appeals against decisions on social welfare entitlements.

National Library

Brian Walsh

Question:

136 Deputy Brian Walsh asked the Minister for Arts, Heritage and the Gaeltacht if he will provide an assurance that access to public records will not be inhibited in any way by the merging of the National Archives and the Irish Manuscripts Commission with the National Library; and if he will make a statement on the matter. [36719/11]

It is my intention that the new arrangements to be put in place arising from the merger of the institutions will not hinder access to public records or the national collections.

Seirbhísí Farantóireachta agus Lastais

Éamon Ó Cuív

Question:

137 D’fhiafraigh Éamon Ó Cuív den Aire Ealaíon, Oidhreachta agus Gaeltachta cén uair dheiridh a bhí cruinniú den Choiste Monatóireachta do na Seirbhísí Farantóireachta chuig Oileáin Árann ann; cén uair a bheidh an chéad chruinniú eile den choiste ann; agus an ndéanfaidh sé ráiteas ina thaobh. [36778/11]

Bíonn cruinnithe rialta idir oifigigh mo Roinnse agus ionadaithe ó na hOileáin Árann maidir le cúrsaí farantóireachta agus lastais. Bhí an cruinniú is déanaí ann ar 19 Bealtaine 2011. Táthar ag súil go mbeidh an chéad chruinniú eile ann i mí na Nollag.

Éamon Ó Cuív

Question:

138 D’fhiafraigh Éamon Ó Cuív den Aire Ealaíon, Oidhreachta agus Gaeltachta cé na comhráití a bhí ag a Roinn le solathróir na seirbhíse lastais go hInis Meáin maidir leis na cúiseanna nach bhfuil sé ag baint úsáid as Céibh an Chalaidh Mhóir ar an oileán; agus an ndéanfaidh sé ráiteas ina thaobh. [36779/11]

Bíonn cumarsáid rialta idir oifigigh mo Roinnse, pobal Inis Meáin agus soláthraí na seirbhíse lastais sa chás seo chun teacht ar shocrú maidir le fadhbanna a thagann aníos ó am go ham. Mar a thuigfidh an Teachta, caithfidh an soláthraí tosaíocht a thabhairt do cheisteanna sábháilteachta i gcónaí. Sa chomhthéacs sin, athraíonn na cúinsí ó am go chéile ag brath ar an aimsir agus ar an mbád atá in úsáid ag soláthraí na seirbhíse lastais. Ciallaíonn na cúinsí athraitheacha seo nach féidir aon ché ar leith ar an oileán a úsáid de shíor. Ar ndóigh, tá oifigigh mo Roinnse agus an soláthraí lastais ar fáil i gcónaí le deacrachtaí a phlé, más ann dóibh.

Údarás na Gaeltachta

Éamon Ó Cuív

Question:

139 D’fhiafraigh Éamon Ó Cuív den Aire Ealaíon, Oidhreachta agus Gaeltachta cén fáth a bhfuil treoir tugtha ag a Roinn d’Údarás na Gaeltachta gan táillí boird a íoc le cuid de na baill thofa ar an mbord ó tharla nach mbaineann an treoir atá tugtha ag an Roinn Airgeadais ach le baill ainmnithe ar bhoird; agus an ndéanfaidh sé ráiteas ina thaobh. [36780/11]

Tuigtear dom gur eisíodh an treoir atá luaite ag an Teachta chuig Údarás na Gaeltachta, i gcomhréir le treoir, mar aon le soiléirithe ina leith, a fuair mo Roinnse ón Roinn Caiteachais Phoiblí agus Athchóirithe.

State Property

Éamon Ó Cuív

Question:

140 Deputy Éamon Ó Cuív asked the Minister for Arts, Heritage and the Gaeltacht the reason lands that were the subject of a court ruling in 1990 have not yet been transferred to a person (details supplied) in County Galway; and if he will make a statement on the matter. [36807/11]

My Department has sought to comply with the conditions of the settlement agreement in this case and in 1990 furnished the requisite documentation to the named persons' solicitor for completion of the transfer formalities. This transfer has not been effected and my Department has recently learned through the Chief State Solicitor's Office that the documentation has been misplaced by the named persons or their representatives. My Department would like to have this matter finalised as soon as possible and is now working with the Chief State Solicitor's Office, the persons involved and their solicitor with a view to resolving technical matters associated with the transfer.

Telecommunications Services

Finian McGrath

Question:

141 Deputy Finian McGrath asked the Minister for Communications, Energy and Natural Resources the position regarding the roll-out of the rural broadband scheme. [36786/11]

The Application Phase of the Rural Broadband Scheme closed on 29 July 2011. Approximately 5,000 applications have been received although not all of those applications will be eligible under the terms of the scheme. The Department has almost completed the processing of applications, which involved clarification of address details. This process will enable the Department to finalise eligible application numbers with a view to establishing services for these applications.

The next phase of the scheme is the Verification Phase. This is intended to provide the market with the opportunity to offer a service to applicants under the scheme and to verify any applicants who cannot be served by the market under prevailing market conditions. A total of 51 Internet companies expressed an interest in participating in this Phase of the Scheme. This includes all of the major national companies. A process of engagement with these companies is now under way and I expect that agreements on participation in the process will be agreed and finalised in the coming weeks.

Subject to agreement with the companies concerned, the Verification Phase should be carried out in early 2012. It is expected that some of the applicants under the Scheme will be offered a service by these companies during this phase. My Department expects to carry out a procurement process to select a service provider to offer a service to remaining applicants once the Verification Phase has been completed. Rollout of the service under the Scheme is expected to be completed by the end of 2012.

Broadcasting Services

Michael McGrath

Question:

142 Deputy Michael McGrath asked the Minister for Communications, Energy and Natural Resources the direct cost to the Exchequer of funding TG4; his views on the funding of TG4; and if he will make a statement on the matter. [36842/11]

The Communications Regulation (Postal Services) Bill was enacted on the 2nd August 2011. The Broadcasting provisions of this Act give legal effect to the distribution of some of the net licence fee monies to TG4, giving effect to a decision taken in Budget 2011. This figure has been determined to be €9.245m for 2011. The remainder of TG4's €32.75m current funding for 2011 is direct Exchequer funding. Section 124 of the Broadcasting Act 2009 requires the Broadcasting Authority of Ireland (BAI), within 3 years of enactment of the Broadcasting Act, to review the adequacy or otherwise of public funding to enable public service broadcasters to meet their public service objects.

I have considered the first such report completed and submitted by the Authority in this matter. My consideration of this matter was undertaken by me in the context of the provisions of Section 124(6) of the 2009 Act, which requires the Minister to publish a response to any recommendation made in the report by the Authority as to the adequacy or otherwise of public funding of the public service broadcasters. I will be arranging for copies of the report and my response to any recommendation contained in it to be laid before the Houses of the Oireachtas in the coming weeks.

Energy Conservation

Michael McGrath

Question:

143 Deputy Michael McGrath asked the Minister for Communications, Energy and Natural Resources his views on the opportunities to rationalise the energy efficiency schemes by the Sustainable Energy Authority of Ireland, the savings that could be realised; and if he will make a statement on the matter. [36843/11]

In launching Better Energy: the National Upgrade Programme, last May in the context of the Government's Jobs Initiative, I also announced the rationalisation of the existing domestic energy efficiency schemes under one Programme. Better Energy: Homes has subsumed the Home Energy Savings Scheme (HES), the Warmer Homes Scheme (WHS) and the Greener Homes Scheme (GHS). Measures being supported under the Better Energy programme are those designed to deliver the greatest energy savings, thus optimising the value achieved from the Exchequer funding. All measures are kept under regular review. The total capital allocation for Better Energy in 2011 is €91.4m. Decisions on funding for Better Energy in 2012 will be taken in the context of the 2012 Budget.

Pension Provisions

Joe Carey

Question:

144 Deputy Joe Carey asked the Minister for the Environment, Community and Local Government if he will clarify the deductions from the pension of a public or civil servant as administered by a local authority; and if he will make a statement on the matter. [36736/11]

Pensions of former employees of local authorities are subject to the Public Service Pension Reduction (PSPR). The rates and income bands for the PSPR are set out in the table. The PSPR applies to persons currently receiving public service pensions or who will start to receive them up to 29 February 2012. Persons who retire after 29 February 2012 will not be affected by this reduction as their pensions will be based on the reduced pay rates applicable in the public service since 1 January 2010.

Income Band

Rate

First €12,000

0%

Between €12,000 and €24,000

6%

Between €24,000 and €60,000

9%

Above €60,000

12%

In addition, pensions are subject to taxation, which is a matter for my colleague, the Minister for Finance.

Community Development

Joe Carey

Question:

145 Deputy Joe Carey asked the Minister for the Environment, Community and Local Government the position in respect of short and long-term plans for Pobal’s operation in Clifden, County Galway; and if he will make a statement on the matter. [36821/11]

Pobal (formerly Area Development Management Ltd.) was established by the Government in 1992 to access EU funding for the purpose of fostering local development, promoting social inclusion, reconciliation and equality and countering disadvantage through local social and economic development. Pobal currently manages the administration of schemes/programmes on behalf of a range of Government Departments and other public bodies. Pobal operates under the aegis of my Department and is a private company limited by guarantee. It is not a State agency and its staff are not Civil or Public Servants, nor are they encompassed by the Croke Park Agreement. My Department has no role in relation to the staffing of Pobal. All staffing and remuneration issues are a matter for the Board of Pobal.

As I understand it, Pobal was included in the Government's Decentralisation programme and 42 posts, in total, were to relocate to Clifden, Co. Galway under that programme. Pending the acquisition of a site, and the construction of a permanent building, Pobal acquired temporary office accommodation in Clifden; the office was opened in February 2006. There are currently 24 Pobal staff employed there.

On the 17 November 2011 my colleague the Minister for Public Expenditure and Reform, Deputy Brendan Howlin, published the "Public Service Reform Plan". The plan indicated that, "in light of the budgetary and staffing outlook, the Government has also examined the current position of the Decentralisation programme which was introduced in 2003 and has decided that it should be cancelled. This will mean that 40 projects will be cancelled, 32 others — particularly those where permanent accommodation has been provided — will be left in situ and 22 others are being reviewed. The Government will be making a decision on that review shortly". The Pobal Clifden office is included in the list of 22 projects to be reviewed.

Local Authority Charges

Olivia Mitchell

Question:

146 Deputy Olivia Mitchell asked the Minister for the Environment, Community and Local Government his plans to make changes to the operation of section 49 levies in view of the changed economic conditions. [36676/11]

Under sections 48 and 49 of the Planning and Development Act 2000, planning authorities may levy development contributions in respect of public infrastructure and facilities provided by, or on behalf of, the local authority that benefit development in the area, based on a scheme of contributions adopted by the elected members of the authority. The adoption of individual development contribution schemes is a reserved function of the elected members of each planning authority. As Minister my role is to provide the necessary statutory and policy framework within which individual development contribution schemes are adopted by each planning authority. In addition to the legislative framework my Department has also issued policy guidance on development contributions. Further draft guidance which will reflect current economic conditions is currently being prepared for consultation with relevant stakeholders.

Housing Services

Terence Flanagan

Question:

147 Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if he will meet with a committee (details supplied) regarding an apartment complex in Dublin 13; and if he will make a statement on the matter. [36688/11]

Dublin City Council is the designated authority with powers to enforce the statutory requirements arising under the Fire Safety Act, the Building Control Acts and the Planning and Development Acts, all of which are at issue in relation to Priory Hall. The Council is also the designated Housing Authority under the Housing Acts. My responsibility, as Minister, is to ensure that appropriate statutory requirements, technical standards and administrative provisions are put in place under the various acts. This responsibility has been fulfilled and is not in dispute.

The Minister has no role in relation to enforcement activity or in relation to the direct provision of housing services. Residents at Priory Hall and their representatives have previously been advised of this clear division of responsibilities. Dublin City Council has made commendable efforts to provide for the needs of residents to date and I urge the Council to continue to meet and communicate with the residents and to take all reasonable steps to support them at this vulnerable time.

Planning Issues

Kevin Humphreys

Question:

148 Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government the nature, scope and timeframe of the review of alleged planning irregularities in Donegal County Council and the six other county councils; and if he will make a statement on the matter. [36704/11]

Kevin Humphreys

Question:

149 Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government if the results will be published in the cases of both the internal review and any report by independent persons into alleged planning irregularities in county councils; and if he will make a statement on the matter. [36707/11]

I propose to take Questions Nos. 148 and 149 together.

The planning review announced by the former Minister, Mr. John Gormley, was intended to assess the application of planning legislation, policy and guidance within the development plan and development management systems at local level and to inform further policy development in these areas. A number of planning authorities, representing a broad geographical spread of both urban and rural areas as well as both large and small authorities, had been selected to assist in the review of policies and practices by reference to a number of cases raised with my Department.

The Programme for Government includes, inter alia , specific commitments better to co-ordinate national, regional and local planning laws in order to achieve better and more co-ordinated development that supports local communities, to develop a coherent plan to deal with the issue of unfinished estates and to ensure that there is adequate access and participation by citizens and public representatives in decision making and policy formation. The resources of my Department will be directed primarily towards supporting the implementation of the Government’s commitments in these areas.

My Department is currently finalising the review of a number of specific complaints, following the initiating of the process by the former Minister Mr. John Gormley. When this review is completed, I will issue a public statement outlining the complaints at issue, my response and any appropriate actions to be pursued in regard to further policy development and guidance, in line with commitments in the Programme for Government.

Local Authority Charges

Maureen O'Sullivan

Question:

150 Deputy Maureen O’Sullivan asked the Minister for the Environment, Community and Local Government the way a non-resident owner of a second home, but working outside Ireland in recent years, unaware of the non-principal private residence charge of €200 has been fined for non-payment of this for three years, even though their details are registered with the tax authorities and Private Residential Tenancies Board neither of which contacted them in the three years regarding payment. [36709/11]

The Local Government (Charges) Act 2009 provides the legislative basis for the €200 charge on non-principal private residences (NPPR), including the application of late payment fees. The Act places the onus on an owner of a residential property which is situated in the State to assess his or her liability for the charge in the first instance and there is no obligation on local authorities, who levy and collect the charge, to issue notifications or invoices.

Nationwide advertising took place in each year since the introduction of the charge in 2009 to ensure general awareness of the charge and the liability dates. In tandem, local authorities have undertaken their own advertising campaigns locally. Some advertising on the charge was also placed in publications/newsletters circulating in areas in which large Irish populations are residing abroad. Communications have also been issued to persons who paid the charge in respect of previous years reminding them of their possible liability for the charge. Significant efforts are being made to ensure that property owners are aware of the charge and the liability dates. However, the charge is based on self assessment principles and it is a matter for persons with a liability to pay the charge by the due date to avoid late payment fees.

Departmental Agencies

Eoghan Murphy

Question:

151 Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government the situation regarding the National Housing Agency building beside the Milltown Luas station on Richmond Avenue South, Dublin 6. [36759/11]

The disposal by the National Building Agency (NBA) of its offices at ‘Hatherton', Richmond Avenue South, Milltown, Dublin 6 is a matter in the first instance for the Board of the NBA. However, I understand that the offices in question are currently in the process of being sold.

Sheltered Housing

Simon Harris

Question:

152 Deputy Simon Harris asked the Minister for the Environment, Community and Local Government his policy regarding the construction of sheltered housing units; the funding that is provided for same; if he will list the organisations which he contracts to construct, maintain and operate sheltered housing; his future plans for this area; and if he will make a statement on the matter. [36788/11]

The vision for the future of the housing sector in Ireland, as set in the Government's Housing Policy Statement published in June 2011, is based on choice, fairness, equity across tenures and on delivering quality outcomes for the resources invested. The overall strategic objective will be to enable all households access good quality housing, appropriate to household circumstances and in their particular community of choice.

The main focus in terms of housing supports provided by Government will be on meeting the most acute needs — the housing support needs of those unable to provide for their accommodation from their own resources. The financial parameters within which we will be operating for the coming years rule out a return to very large capital-funded construction programmes by local authorities.

The provision of sheltered housing is mainly funded through my Department's Capital Assistance Scheme (CAS), which will continue to provide capital funding for the provision, by approved housing bodies, of housing to meet the accommodation needs of persons with specific categories of need, including older people, people with a physical, intellectual or mental health disability and homeless persons. Given that individual approved housing bodies may cater for a range of special housing needs and considering that the accommodation provided by these bodies under the CAS may be multipurpose, it is not possible to disaggregate the expenditure figures to provide information in relation to any specific category such as sheltered housing.

International Agreements

Éamon Ó Cuív

Question:

153 Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government when it is intended to fully implement the Aarhus Convention; the reason for the delay in implementation; and if he will make a statement on the matter. [36809/11]

The Programme for Government contains a commitment to complete ratification of the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters. The three pillars of the Convention are partially implemented in EU law by two Directives. The first of these deals with public access to environmental information and was transposed into Irish law through the European Communities (Access to Information on the Environment) Regulations 2007.

The second, known as the Public Participation Directive, deals with public participation in decision making and access to justice. Several pieces of legislation have been used to transpose the Public Participation Directive into law. The most recent measure is the Environment (Miscellaneous Provisions) Act 2011, which introduced new cost rules that apply in certain environmental cases. This Act also implements certain aspects of the Convention that are not implemented by EU Directives.

The effect of these measures is that Ireland has now implemented the provisions of the Convention. My Department is currently carrying out a final assessment of all implementation measures in co-operation with the Office of the Attorney General, with a view to ratifying the Convention during the first half of 2012.

Leader Programmes

Éamon Ó Cuív

Question:

154 Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government the discussions that have taken place between him and the EU Commission in relation to the decision by the EU Commission that non-commercial projects under the Leader programme require State aid approval if grants in excess of €200 are to be paid; and if he will make a statement on the matter. [36812/11]

State aid refers to any aid granted by a Member State which distorts or threatens to distort competition by favouring certain undertakings or goods. EU Member States are required, under State Aid rules that originate in the Treaty of Rome, to submit a notification to DG Competition in the European Commission when they propose to provide state support for schemes and programmes that could be considered to distort competition in any way. Commission Regulation EC 1998/2006 allows for aid of up to €200,000, known as de minimis aid, to be provided from public funds to enterprises over a period of three years as this amount is considered too small to have an effect on economic activity between competing forces.

In the original Rural Development Programme (RDP) document approved by the European Commission in July 2007, Ireland outlined that, as the aid to be granted under two of the Axis 3 measures of the RDP would not in any way distort competition, it would not constitute State Aid and would, therefore, not require notification to DG Competition. The measures concerned, Basic services for the economy and rural population — €49.61m and Village renewal and development — €54.2m, provide support for non-commercial community based projects and focus particularly on community infrastructure.

Recently Ireland was notified by the Commission that only DG Competition has the competence to judge whether or not state support can be deemed to be State Aid, and that a State Aid notification in the context of these two measures should have been submitted when the original programme was being prepared in 2006/2007.

The notification process was not undertaken at the time of programme design and Ireland is now required to complete the notification process as soon as possible and obtain the necessary state aid clearance in order to proceed with projects requiring grant aid in excess of €200,000. As the consequences of non-compliance with State Aid rules are significant, particularly for project promoters, it is necessary to suspend the allocation and approval of projects with grant amounts of over €200,000 in order to avoid non-compliance.

I am aware of the importance of addressing this issue as soon as possible and my Department is in the process of submitting the necessary State Aid request to DG Competition. As soon as the issue has been resolved we will notify all Local Development Companies.

Social and Affordable Housing

Michael McGrath

Question:

155 Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government if he is satisfied with the operation of the State agencies providing housing assistance; if he has proposals to rationalise the delivery of service in this area; and if he will make a statement on the matter. [36832/11]

The task of ensuring efficient and effective provision of housing services by both housing authorities and approved housing bodies is an ongoing one. On 16 June 2011 the Minister of State for Housing and Planning launched the Government's new housing policy statement which will serve as a framework for a sequence of legislative and policy initiatives in the short to medium-term building on new supply directions already initiated such as the social housing leasing initiative. The new framework for housing policy responds to current and emerging conditions in the housing sector, taking account of the dramatic cycle of rapid growth and sudden collapse in the residential property market.

We are committed to responding as quickly as possible, and on a larger scale, to social housing support needs through a variety of mechanisms including through increased provision of social housing by both local authorities and the voluntary and co-operative housing sector. In relation to efficiencies generally in the local government sector, the Local Government Efficiency Review Group, in its Report in July 2010, identified a number of efficiencies in the delivery of housing services. I have established an Implementation Group to oversee the implementation of relevant recommendations from the Report.

Motor Taxation

Michael McGrath

Question:

156 Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government the approximate saving that would be realised from the elimination of the off-the-road facility for the taxing of motor vehicles. [36895/11]

The estimated value of off-the-road declarations for 2011 is not yet available. I will forward the information to the Deputy when it becomes available. I am aware that current procedures governing the making of such declarations may be open to potential abuse. I intend to bring forward legislation to address the issue.

Local Authority Funding

Michael McGrath

Question:

157 Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government if he will show separately the development levy balance held in each of the local authority areas; his views on the restrictions that local authorities face in spending these levies; and if he will make a statement on the matter. [36897/11]

Audited information on the level of development contributions on hand for each local authority at end of year 2010 is not yet available. The audit of the 2010 local authority Annual Financial Statements (AFS) is scheduled for completion in March 2012.

The table shows the closing balances for development contributions for each authority, as per Note 11 of the 2009 AFS. Since 2007 local authority AFS have been prepared on an accruals accounting basis. As such, the closing balances listed here are comprised of both cash and debtors elements and are not equivalent to ‘cash on hand' amounts.

AFS 2009

Authority Name

Note 11Development LeviesBalance 31/12/09

County Councils

Carlow

1,989,094

Cavan

1,270,373

Clare

8,089,961

Cork

36,940,750

Donegal

7,122,773

Fingal

162,832,629

Dún Laoghaire Rathdown

116,170,009

Galway

9,115,005

Kerry

17,438,834

Kildare

25,311,892

Kilkenny

15,287,974

Laois

20,162,199

Leitrim

7,308,281

Limerick

11,674,980

Longford

7,318,026

Louth

36,277,239

Mayo

7,503,352

Meath

35,330,039

Monaghan

7,658,355

North Tipperary

10,656,300

Offaly

14,158,711

Roscommon

3,372,115

Sligo

1,202,854

South Dublin

58,185,224

South Tipperary

16,141,550

Waterford

7,108,954

Westmeath

10,988,457

Wexford

34,182,395

Wicklow

4,779,007

Total

695,577,331

City Councils

Cork

5,092,275

Dublin

67,655,629

Galway

6,779,070

Limerick

8,630,826

Waterford

3,114,018

Total

91,271,819

Town & Borough Councils

Clonmel

5,955,242

Drogheda

5,357,559

Kilkenny

7,920,139

Sligo

5,019,771

Wexford

1,908,281

Arklow

15,254,216

Athlone

7,004,957

Athy

2,530,290

Ballina

2,996,654

Ballinasloe

2,094,522

Birr

-71,466

Bray

8,408,493

Buncrana

1,340,751

Bundoran

1,024,983

Carlow

6,602,637

Carrick on Suir

1,307,905

Carrickmacross

492,635

Cashel

1,758,979

Castlebar

4,763,060

Castleblayney

672,890

Cavan

2,853,602

Clonakilty

3,728,007

Clones

158,263

Cobh

897,436

Dundalk

7,168,874

Dungarvan

443,671

Ennis

4,198,155

Enniscorthy

1,069,354

Fermoy

961,970

Kells

1,030,964

Killarney

8,025,313

Kilrush

453,493

Kinsale

1,597,328

Letterkenny

1,002,070

Listowel

791,626

Longford

677,910

Macroom

4,602,744

Mallow

7,398,509

Midleton

4,849,668

Monaghan

4,914,261

Naas

6,209,283

Navan

1,737,051

Nenagh

4,241,371

New Ross

4,495,612

Skibbereen

2,117,890

Templemore

754,652

Thurles

2,667,237

Tipperary

1,165,391

Tralee

3,958,863

Trim

1,381,178

Tullamore

2,364,783

Westport

721,427

Wicklow

2,079,991

Youghal

2,175,215

Total

175,235,659

Overall Total

962,084,809

Visa Applications

Michael Creed

Question:

158 Deputy Michael Creed asked the Minister for Justice and Equality the situation regarding a visa application for the spouse of an Irish citizen (details supplied); and if he will make a statement on the matter. [36703/11]

The "join spouse" visa application referred to by the Deputy was received in the Visa Office, Dublin on the 16 November 2011 and is awaiting processing. Applicants are advised to make their application at least eight weeks in advance of the proposed date of travel. It should however be borne in mind that the timeframe of eight weeks acts as a guideline only. The actual timeframe for decision is ultimately dependent on a number of factors including inter alia the number of applications on hand, the resources available to process them, the nature of the visa applied for and the degree of complication involved.

I can advise that each visa application is considered on its individual merits, the onus as always resting with the applicant to establish to the satisfaction of the Visa Officer as to why the visa sought should be granted. The applicant will be notified of the decision as soon as it is made.

Queries in relation to general immigration matters may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Billy Timmins

Question:

159 Deputy Billy Timmins asked the Minister for Justice and Equality the position regarding an application for a tourist visa in respect of a person (details supplied); and if he will make a statement on the matter. [36913/11]

The "visit" visa application referred to by the Deputy was received in the Visa Office, Beijing on the 7 November 2011. It was refused by the Visa Officer on the 18 November 2011 for a number of reasons. As is the case with all refused visa applications, the refusal decision and the reasons for that decision were sent by way of letter to the applicant. It is open to the person concerned to submit an appeal within two months of the date of refusal, in this case before the 18 January 2012. If doing so, the applicant would be advised to be in a position to address the concerns raised. Guidelines on the visa appeals process are available on the website of the Irish Naturalisation and Immigration Service (www.inis.gov.ie).

The Deputy may wish to note that in assessing any Visa application, the Visa Officer will consider various matters, including whether it is reasonable in the circumstances to conclude that the applicant would honour the conditions of the Visa and whether there is a significant risk that the applicant would overstay the period applied for. The Visa Officer will also have regard to all of the information available to them and to such factors as the applicant's ties and general circumstances in their country of origin or where they are ordinarily and legally resident. The onus rests at all times with the applicant to satisfy the Visa Officer that the visa sought should be granted.

Queries in relation to general immigration matters may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Prisoner Rehabilitation Programmes

Eoghan Murphy

Question:

160 Deputy Eoghan Murphy asked the Minister for Justice and Equality his plans to implement or assist in after care programmes for those who have just been released from prison. [36756/11]

The Irish Prison Service provides a range of rehabilitative programmes which have the dual purpose of providing prisoners with purposeful activity while serving their sentences and encouraging and equipping them to lead productive lives on release. Several programmes and services have a specific post-release focus.

The Prison Service funds the Gate Service operated by Business in the Community Ireland (BITC) which provides a training, education, and employment placement programme for prisoners and ex-prisoners. The GATE Service operates in seven of the country's fourteen institutions. The BITC Linkage Programme provides a similar service in the remaining institutions and operates in partnership with the Probation Service. The BITC Mentoring Service which is jointly funded by the Prison Service and Dormant Accounts Funding is in place in Castlerea, Cork and the Training Unit. Mentoring has been shown internationally to have a positive impact on the resettlement and desistance of ex-prisoners.

Focus Ireland operates a pilot homeless service in Cloverhill Prison which supports remand prisoners in accessing appropriate services and accommodation on the pathway to independent living. The project is supported by the Irish Prison Service, the Probation Service and the Health Service Executive (HSE). Homelessness support services are also provided in Cork and Limerick prisons. A weekly clinic service is provided in ten prisons by the Health Service Executive Community Welfare Service through the Homeless Persons Unit (HPU). Referrals generally are at the pre-release stage and Community Welfare Officers provide information and clinic services, and arrange emergency and other accommodation options, supplementary benefits and fast-tracked medical cards.

The Prison Education Centres, staffed by Vocational Education Committee teachers, provide pre-release and post-release programmes aimed at assisting prisoner resettlement. These are currently being reviewed as part of an ongoing comprehensive independent audit of prison education. Prisoner resettlement is also an objective of the Prison Service's integrated sentence management system. It is in operation in all prisons and seeks to provide integrated cross-disciplinary sentence management focused on the prisoner's resettlement from the moment of committal to release.

Residency Permits

Eoghan Murphy

Question:

161 Deputy Eoghan Murphy asked the Minister for Justice and Equality his views on the earned regularisation scheme proposal for undocumented persons and their families living in this country. [36757/11]

Éamon Ó Cuív

Question:

174 Deputy Éamon Ó Cuív asked the Minister for Justice and Equality if he intends introducing an earned regularisation scheme for undocumented migrants here who have been in the country for many years in view of the requests by the Irish Government to the US authorities for such a scheme for undocumented Irish in the US; and if he will make a statement on the matter. [36813/11]

I propose to take Questions Nos. 161 and 174 together.

I refer the Deputy to my reply below to Parliamentary Question No. 168 of 17 November 2011. The position is unchanged since then. The reply stated:

I am aware that there have been proposals of this nature and of course my Department will give due consideration to the issue. However great caution should be exercised before embarking on such a project. A proposal of this nature could give rise to very large, unpredictable and potentially very costly impacts across the full range of public and social services.

At EU level, the Member States, in agreeing the European Pact on Immigration and Asylum at the European Council in October 2008, made specific commitments "to use only case-by-case regularisation, rather than generalised regularisation, under national law, for humanitarian or economic reasons". While the Pact is not legally binding, the political commitment among the Member States, then and now, is clearly against any form of process that would in any way legitimise the status of those unlawfully present without first examining the merits of their individual case.

Any possible implication for the operation of the Common Travel Area would also have to be very carefully considered.

Prison Committals

Ciaran Lynch

Question:

162 Deputy Ciarán Lynch asked the Minister for Justice and Equality the average cost of holding a prisoner in custody in 2010, to include all current expenditure by other Government Departments on the provision of services to the prisoner such as teaching, computer maintenance and so on; and if he will make a statement on the matter. [36791/11]

The Deputy may wish to note that information on the average cost of an available staffed prison space is contained in the Irish Prison Service Annual Report for 2010 and on the Prison Service's website www.irishprisons.ie.

The average cost of an available staffed prison space during the calendar year 2010 was €70,513 (€77,222 in 2009), a decrease on the 2009 cost of €6,709 or 8.7%. The decrease in average cost is attributed to the following two factors:

a decrease in total costs of €20.7 million; and

an increase in bed capacity of 97 from 4,106 as at 31st December 2009 to an average bed capacity of for 2010.

Consistent with calculations in previous years, costs which are not under the direct control of the Irish Prison Service were excluded. Therefore, Teachers' salary costs were excluded from this exercise as these costs are not provided for under the Prisons budget allocation. Similarly, capital expenditure, including building/equipment assets and small works, is excluded from the calculations in the interest of facilitating comparison between prison types. The Irish Prison Service does not maintain the information required to calculate the average cost of the provision of services to prisoners provided by other Government Departments.

Prison Population

Ciaran Lynch

Question:

163 Deputy Ciarán Lynch asked the Minister for Justice and Equality the number of persons in prison and the number in each institution; the total number of prisoners not held in single cells or rooms and the number of these in each institution; and if he will make a statement on the matter. [36792/11]

It is not possible, in the time available, to provide a full breakdown of the information sought by the Deputy. My Department is in the process of collating this information which will be forwarded to the Deputy as soon as possible.

Ciaran Lynch

Question:

164 Deputy Ciarán Lynch asked the Minister for Justice and Equality the number of prisoners in total and in each institution that are at present in custody; the number required to slop out; the number required to use normal toilet facilities in the presence of others; the number that are sole occupants of a cell that has a normal flush toilet installed or have access at all times to normal toilet facilities; and if he will make a statement on the matter. [36793/11]

It is not possible, in the time available, to provide a full breakdown of the information sought by the Deputy. My Department is in the process of collating this information which will be forwarded to the Deputy as soon as possible.

Ciaran Lynch

Question:

165 Deputy Ciarán Lynch asked the Minister for Justice and Equality the number of prisoners, in total and in each institution, that are locked up for 23 hours or more in a normal day; for 22 to 23 hours in a normal day; for 20 to 22 hours in a normal day; for 18 to 20 hours in a normal day; and if he will make a statement on the matter. [36794/11]

The information requested by the Deputy is set out in the table (as of 21 November, 2011).

Prison/Place of Detention

Number in custody on 18-20 hour lock up

Number in custody on 20-22 hour lock up

Number in custody on 22-23 hour lock up

Number in custody on 23 hours or more lock up

Arbour Hill

0

0

0

0

Castlerea

0

0

0

25

Cloverhill

0

0

3

0

Cork

20

0

0

1

Dóchas Centre

0

0

0

0

Limerick

0

0

25

0

Loughan House

0

0

0

0

Midlands

4

5

0

28

Mountjoy

64

0

0

59

Portlaoise

0

0

23

0

Shelton Abbey

0

0

0

0

St. Patrick’s Institution

0

42

0

2

Training Unit

0

0

0

0

Wheatfield

0

0

0

63

Total

88

47

51

178

The Deputy will be aware that the primary role of the Irish Prison Service is the provision of safe and secure custody for prisoners. The majority of prisoners on lock up are those who would be considered to be under threat or "at risk" in the general population due for example to gangland feuding, drug debts, because they gave evidence in a court case or because of the nature of their offences, for example, those of a sexual nature.

Requests for protection or to be accommodated in separate areas from other identified persons may also arise as a result of a request from the prisoner or after consideration by Prison management. Significant numbers of what would be regarded as protection prisoners are accommodated on separate landings. These prisoners have access to a wide regime of activities including school, workshops, gym facilities, probation and chaplaincy services but do not mix with the general population in the prison and are not subject to a restrictedregime.

It is at the committal stage that the majority of prisoners seek protection. All prisoners are interviewed by the Governor and based on the information available, a decision is made, as to where a particular prisoner will be accommodated. In some instances, prisoners are transferred to other establishments where they will not require protection.

Ciaran Lynch

Question:

166 Deputy Ciarán Lynch asked the Minister for Justice and Equality the number of male and female prisoners under 21 years of age and the number in each of the institutions in which they are held; and if he will make a statement on the matter. [36795/11]

I wish to inform the Deputy that the total number of persons under 21 years of age in prison custody on 28th October, 2011 was 357. This figure is made up of 343 males and 14 females. The locations in which they are held are set out in the following table.

Establishment

Number in custody

Castlerea Prison

17

Cloverhill Prison

21

Cork Prison

26

Limerick Prison (Male)

34

Limerick Prison (Female)

2

Loughan House

10

Midlands Prison

19

Mountjoy (Male)

5

Mountjoy (Female)

12

Portlaoise Prison

4

Shelton Abbey

2

St. Patrick’s Institution

181

The Training Unit

4

Wheatfield Prison

20

Total

357

The Irish Prison Service is aware of the need for an age-appropriate regime and endeavours to ensure continuity of services with systems of care reviewed in partnership with key agencies such as the Health Service Executive, Gardaí, Probation Service and the Irish Youth Justice Service.

As the figures illustrate, a significant percentage (51%) of prisoners in this age category are detained in St Patrick's Institution which is the State's designated committal institution for males aged 16 to 21 years of age and accommodates both remand and sentenced prisoners. 40 are under the age of 18 and accommodated in a special unit which opened in April 2007 specifically for the purpose of segregating 16 and 17 year old prisoners from adults.

The Irish Youth Justice Service has responsibility for all females under the age of 18 who are accommodated in Oberstown Girls School, Lusk. The balance of persons in the other institutions are generally located there in order to facilitate family visits or to assist in their reintegration back into the community.

Prison Education Service

Ciaran Lynch

Question:

167 Deputy Ciarán Lynch asked the Minister for Justice and Equality the allocations within the education subhead of the prisons’ Vote to each of the following educational areas in 2008 and 2011: the education unit in each prison; each public library service involved in prisons; the Open University; the National College of Art and Design; the alternative to violence project; Arts Council projects in prisons; post-release educational support for prisoners; and if he will make a statement on the matter. [36796/11]

The information requested by the Deputy is set out in the table.

Education Units

Actual spend — 2008

Allocation — 2011

Arbour Hill

29,282

23,000

Castlerea

71,529

51,000

Cloverhill

30,398

26,000

Cork

75,174

40,000

Dóchas

48,868

38,000

Limerick

51,784

49,000

Loughan House

50,906

31,000

Midlands

181,458

76,000

Mountjoy

64,690

51,000

Portlaoise

120,695

60,000

Shelton Abbey

36,148

28,000

St Patrick’s

71,045

52,000

Training Unit

30,885

21,000

Wheatfield

227,789

76,000

Libraries

Dublin

265,099

178,000

Laois

113,247

55,000

Roscommon

169

31,000

Cavan

23,536

9,000

Wicklow

17,638

10,000

Limerick

12,900

Others

HOPE Project, Cork

17,000

17,000

Dillons Cross, Cork

5,400

10,000

Alternatives to Violence

35,000

7,000

National College of Art and Design

81,795

Arts Council

14,610

21,000

Open University

220,539

100,000

The figures for 2011 are provisional allocations. Final outturn figures will be available in January 2012.

The provision of a part-time professional librarian service commenced in Castlerea in 2009 and in Limerick in 2010. The costs in relation to libraries arise from the recoupment to local public library services of the salaries of professional librarians and book purchases. Educational services are provided in partnership with a range of educational agencies in the community, notably the Vocational Education Committees (VECs). The Department of Education and Skills provide an allocation of whole-time teacher equivalents to the prisons through the VECs (220 in the academic year 2011/12).

Ciaran Lynch

Question:

168 Deputy Ciarán Lynch asked the Minister for Justice and Equality the number of workshop and work-training instructor posts that are vacant in each prison; and if he will make a statement on the matter. [36797/11]

I am informed by the Irish Prison Service that the number of workshop and work training posts were agreed in 2005 as part of the Proposal for Organisational Change in the Irish Prison Service. Based on that Agreement, there are a total of 258 posts of which 175.5 are currently filled. A number of posts are also filled on a temporary or acting up basis. Details are set out in the tables.

The Deputy will be aware that the moratorium on public service recruitment imposed new ceilings on total public service staff numbers which are to be achieved through the implementation of an Employment Control Framework (ECF). In that regard, the Irish Prison Service in partnership with the Prison Officers' Association, is currently conducting a task review under the terms of the Public Service Agreement 2010 — 2014 to agree, inter alia, new staffing levels.

Prison

Number of Agreed Posts in 2005

Current Staff Level

Number of workshop and work training vacancies

Arbour Hill

14

12

2

Castlerea

20

10

10

Cloverhill

13

11

2

Cork

17

11

6

Dóchas

7

2

5

Limerick

17

9

8

Loughan House

9

7

2

Midlands

29

25.5

3.5

Mountjoy

50

32

18

Portlaoise

10

9

1

St. Patrick’s Institution

19

13

6

Shelton Abbey

8

7

1

Training Unit

9

6

3

Wheatfield

36

21

15

Total

258

175.5

82.5

Prison

Workshop and work training posts filled in an ‘Acting up’ capacity

Arbour Hill

1

Castlerea

4

Dóchas

1

Loughan House

2

Midlands

1

Mountjoy

3

Wheatfield

10

Total

22

Ciaran Lynch

Question:

169 Deputy Ciarán Lynch asked the Minister for Justice and Equality the number of hours the library in each prison is scheduled to open each week; the percentage of scheduled opening times that these libraries were actually open from January to October 2011; and if he will make a statement on the matter. [36798/11]

Library facilities are available in all prisons. The majority are managed by qualified staff from the Local Authority Library Services whose salary costs are refunded by the Irish Prison Service. Prison staff assist the librarians and operate library services in some prisons. The information requested is set out in the table in relation to ten prisons.

Prison

Scheduled Opening Hours (per week)

% hours open January — October 2011

Castlerea

20

25

Cloverhill

35

65

Limerick

20

59

Loughan House

7

75

Midlands

32

33

Mountjoy

34

30

Portlaoise

36.5

100

Shelton Abbey

10

94

St. Patrick’s Institution*

35

98

Wheatfield

28

14.15

The figures for Dublin prisons are to the end of September 2011. The figures up to the end of October 2011 will be forwarded to the Deputy as soon as they are available. Comparable data is not available in relation to the other prisons as these operate varying access arrangements structured to reflect demand, including scheduled and ad-hoc opening hours.

While every effort is made to maintain reasonable access to library facilities in keeping with demand, opening hours were restricted in some prisons over this period mainly due to the need to redeploy staff to operational and security functions. Where necessary, this is done on a rotational basis to help minimise disruption.

The Inspector of Prisons recommended in his 2010 Annual Report that the Irish Prison Service commission an independent audit of prison education services. This audit is currently under way and includes prison library services. When the review is completed, the findings in relation to libraries will be assessed to develop a template for future library provision.

Ciaran Lynch

Question:

170 Deputy Ciarán Lynch asked the Minister for Justice and Equality his plans to appoint persons with appropriate professional competence in the respective areas to the vacant posts of co-ordinator of work and training, and co-ordinator of education; and if he will make a statement on the matter. [36799/11]

The Deputy will appreciate that the filling of vacancies in the Irish Prison Service, in common with the rest of the public service, is governed by the moratorium on public service recruitment. I am informed by the Irish Prison Service that a Governor attached to the Regimes Directorate within Prison Service Headquarters is responsible for Work and Training while there are no plans at this time to appoint a Co-ordinator of Education.

Prison Committals

Ciaran Lynch

Question:

171 Deputy Ciarán Lynch asked the Minister for Justice and Equality his plans in the interests of transparency to publish on the Irish Prison Service website the numbers in custody in each institution on a daily basis; and if he will make a statement on the matter. [36800/11]

I am informed by the Irish Prison Service that it is currently in the process of enhancing its website. The provision of more detailed statistical information generally including details on the numbers in custody is being considered as part of this re-design which will be completed next year.

Prison Visiting Committees

Jonathan O'Brien

Question:

172 Deputy Jonathan O’Brien asked the Minister for Justice and Equality the method used to choose appointees to the various prison visiting committees; and if he will make a statement on the matter. [36801/11]

Visiting Committee is appointed by the Minister for Justice and Equality to each prison under the Prisons (Visiting Committees) Act, 1925 and Prisons (Visiting Committees) Order, 1925. There are currently 14 Visiting Committees — one for each institution.

I announced plans some time ago to strengthen the independent oversight of our prisons. Under new legislation to be prepared, I intend to make Visiting Committees more effective while they continue their role of visiting prisons, meeting with prisoners, and liaising on their behalf with prison authorities. The arrangements for membership of the Committees will be changed and a link will be established between the Visiting Committees and the Inspector of Prisons.

Each Visiting Committee will comprise no more than six members, and only suitable people with appropriate qualifications and a genuine interest in prison issues will be appointed. I believe this will provide for a more integrated approach generally and will enhance independent oversight of the prison system.

Courts Service

Éamon Ó Cuív

Question:

173 Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the plans he has to introduce regulations to increase the monetary jurisdiction of the Circuit Court in order to assist in reducing legal fees and reducing pressure on the High Court; and if he will make a statement on the matter. [36810/11]

As the Deputy will be aware, the current civil jurisdictional limits were set in 1991 at €38,092 and €6,384 for the Circuit and District Courts respectively. Although Sections 13 and 14 of the Courts and Court Officers Act 2002 provided for substantial increases in these limits, these were never commenced by previous Governments. This matter is under review at present in my Department.

Question No. 174 answered with Question No. 161.

Departmental Agencies

Michael McGrath

Question:

175 Deputy Michael McGrath asked the Minister for Justice and Equality his views on the future role of Ordnance Survey Ireland and the Valuation Office and efficiencies that can be delivered between these agencies and the Property Registration Authority. [36834/11]

On 17th November the Government announced its intention to rationalise 48 State agencies by the end of 2012 with a further 48 such agencies to be critically reviewed by 2012. The three agencies mentioned in the Deputy's Question fall into this latter category and it is proposed to critically review by the end of June 2012 the merger of the Ordnance Survey of Ireland and the Valuation Office into the Property Registration Authority of Ireland (PRAI).

The PRAI is an independent statutory body falling under the aegis of my Department. The other two agencies, the Ordnance Survey of Ireland (OSI) and the Valuation Office (VO) fall under the aegis of other Government Departments. I am therefore not in a position to respond to the Deputy in relation to the future role of the OSI and the VO and the efficiencies that can be delivered as these agencies do not fall within the remit of my Department and I have no responsibility for them.

I can, however, inform the Deputy that, on the face of it, certain synergies appear to exist between the activities of the bodies concerned and that the matters which he has raised will be the subject of a detailed analysis to be undertaken in the coming months by an inter-departmental group which will incorporate consideration of all relevant issues including financial, legislative and personnel matters. When the review has been completed the Government will then be in a position to make a decision and to report on these matters.

Ground Rents

Ciaran Lynch

Question:

176 Deputy Ciarán Lynch asked the Minister for Justice and Equality the legislation that will be introduced in regard to ground rent in the near future; and if he will make a statement on the matter. [36863/11]

The position is that Part III of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 contains a statutory scheme whereby any person may, at reasonable cost, acquire the fee simple in his or her dwellinghouse. The scheme is operated by the Property Registration Authority and since it was introduced in 1978, over 80,000 applicants have availed of it to acquire the freehold title to their property.

I should add that a High Court judgment upholding the constitutionality of the ground rents legislation was delivered in early 2006 but was subsequently appealed to the Supreme Court. That appeal has been heard and the Supreme Court has reserved its judgment. The operation of the law in this area continues to be monitored in my Department.

Courts Service

Jonathan O'Brien

Question:

177 Deputy Jonathan O’Brien asked the Minister for Justice and Equality his plans to rationalise court venues as part of the public sector reform plans; the courts that will be affected; and if he will make a statement on the matter. [36877/11]

The Deputy will be aware that, under the provisions of the Courts Service Act 1998, the Courts Service is independent in the performance of its functions which includes management of court venues and designation of court areas and I have no role in the matter. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that in the current financial climate all court venues are kept under continuing review.

As I set out in my response to Question No. 45 on 25 October last, the Courts Service Board has already approved the closing of a number of District court houses as follows:

Ballymote which will be amalgamated with Sligo.

Boyle which will be amalgamated with Carrick on Shannon. The Circuit Court also sits from time to time in Boyle and these sittings will now take place in Roscommon.

Templemore which will be amalgamated with Thurles.

Kiltimagh and Claremorris in Co. Mayo which will be amalgamated with Castlebar. I understand the District Court has not sat in Claremorris since 2009 and that its business has been heard in Kiltimagh. I am informed that the business of all three venues will in future be heard in Castlebar.

While there are no court houses in Castleisland and Athenry, the Courts Service has informed me that those District Courts sit in very unsuitable premises and so will also be relocated. With the exception of Castleisland which is due to close on 1 December, it is intended that the other closures will take effect early in 2012. In this context it should be noted that the Board has over the past 12 years amalgamated 140 District Court areas. Decisions to close a particular venue are generally taken due to its poor condition, some of which present a health and safety risk which would cost a great deal to rectify.

The absence of holding cells in a number of cases is also a factor. However, achieving greater efficiencies particularly with regard to freeing up judicial, staff and Garda time currently spent travelling between venues is also a consideration. I am informed that this rationalisation policy has gained operational efficiencies, saves time and improves speed of access to justice. I understand a Review Group is currently examining all venues located outside of Dublin city and Cork city with a view to reporting to the Service by the end of this year.

Housing Management Companies

Aodhán Ó Ríordáin

Question:

178 Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality if he will provide an update in respect of an issue (details supplied) regarding management companies; and if he will make a statement on the matter. [36885/11]

The Deputy will appreciate that I am not in a position as Minister to provide legal advice in response to a Parliamentary Question on a particular case. However, I can indicate the following by way of general information.

One of the principal objectives of the Multi-Unit Developments Act 2011 is to ensure transfer of common areas of such developments to the owners' management companies concerned. Section 4 of the Act, which deals with partially completed developments, and section 5, which deals with substantially completed developments, provide that transfer of the relevant parts of the common areas must have been completed within 6 months of the coming into operation of the Act, i.e. before 1 October 2011.

Section 24 of the Act establishes a new Circuit Court jurisdiction for the resolution of disputes in relation to multi-unit developments. It means that if such a dispute cannot be resolved by the parties concerned by means of mediation or other dispute resolution mechanism, the Court may, where it is satisfied that a right has been infringed or an obligation has not been discharged, make an order with a view to ensuring effective enforcement of the right or effective discharge of the obligation concerned. Such an order may include an order transferring control of an owners' management company from a developer to the apartment owners where the Circuit Court is satisfied the developer has unreasonably refused to effect such a transfer.

Courts Service

Anne Ferris

Question:

179 Deputy Anne Ferris asked the Minister for Justice and Equality his views on holding a referendum next year to establish a permanent Civil Court of Appeal; and if he will make a statement on the matter. [36910/11]

As the Deputy has indicated, a referendum is necessary to establish a Court of Appeal. It is my intention to finalise examination of the detail and to progress the matter at the earliest suitable opportunity. A decision remains to be taken by Government as to when such a referendum will take place in the context of other future referenda. However, I do not anticipate that the holding of a referendum will occur before Autumn 2012.

Ministerial Appointments

Tom Fleming

Question:

180 Deputy Tom Fleming asked the Minister for Justice and Equality the procedure for appointments to the Legal Aid Board; when the new board is being appointed; and whether a non-legal person will be appointed to the new board. [36946/11]

I wish to inform the Deputy that I am currently in the process of appointing members to the Legal Aid Board. I expect that the new Board will be in place in the coming weeks. Members will be appointed in accordance with section 4 of the Civil Legal Aid Act 1995. In making these appointments I will be mindful of the requirements of the Board and select members who will bring a balance of skills and experience suitable to address the task ahead of them.

Public Liability

Eoghan Murphy

Question:

181 Deputy Eoghan Murphy asked the Minister for Defence if residents are responsible for clearing snow and ice from public footpaths outside their homes; and if they are liable in the event that, upon clearing said snow and ice, an accident should occur as a result. [36758/11]

While there is no legal obligation on residents to clear snow and ice from public footpaths outside their homes, the Government encourages community groups, residence associations and individuals to do so in order to help to alleviate the effects of severe weather. The legal advice from the Office of the Attorney General to the Office of Emergency Planning is that if a footpath is cleared in a safe manner, i.e. if the footpath is cleared in a manner which disposes of snow so as not to create a hazard, there is no issue of liability should an accident occur. Further advice on this issue can be found on the recently launched website www.winterready.ie.

Departmental Expenditure

Dara Murphy

Question:

182 Deputy Dara Murphy asked the Minister for Defence the amount of funding given per annum to the veteran groups ONE and IUNVA over the past three years; his plan to recognise the Irish Legion Association; and if he will make a statement on the matter. [36721/11]

In the past three years the Organisation of National ex-Servicemen (O.N.E.) received a subvention of €40,000 per annum from my Department and the Irish United Nations Veterans Organisation (IUNVA) received a subvention of €10,000 per annum from my Department. The Department of Defence provides annual subventions to support and encourage the two officially recognised veteran groups, O.N.E. and IUNVA and representatives of both organisations hold formal meetings with Departmental officials. While there is a range of other associations involving serving, retired and ex-Defence Forces personnel representing various interests at local, regional and national level, the Department has no plans to formally recognise any further veteran or other similar associations. This position was communicated to the Irish Legion Association, by Departmental Officials, at a meeting on 18 November 2010.

Defence Forces Medical Service

Jonathan O'Brien

Question:

183 Deputy Jonathan O’Brien asked the Minister for Defence if it is procedure for members of the Defence Forces who take their own lives to be tested for lariam toxins during post-mortem procedures. [36725/11]

Jonathan O'Brien

Question:

184 Deputy Jonathan O’Brien asked the Minister for Defence if he has examined international best practice in prescribing anti-malarial drugs to soldiers deployed in malaria zones; and if he will make a statement on the matter. [36726/11]

Jonathan O'Brien

Question:

185 Deputy Jonathan O’Brien asked the Minister for Defence the costs of prescribing lariam to soldiers deployed in malaria zones; if he has examined the costs of prescribing doxycycline and malarone instead; and if he will make a statement on the matter. [36727/11]

Jonathan O'Brien

Question:

186 Deputy Jonathan O’Brien asked the Minister for Defence if his attention has been drawn to the fact that the US Centre for Disease Control’s most recent yellow book contains guidance to doctors that doxycycline and malarone should be prescribed before lariam for travel to malaria zones. [36728/11]

Jonathan O'Brien

Question:

187 Deputy Jonathan O’Brien asked the Minister for Defence if he will provide details of the medical research that he used that led to the decision being taken to use lariam as the drug of choice for soldiers being deployed in malaria zones; and if he will make a statement on the matter. [36729/11]

Jonathan O'Brien

Question:

188 Deputy Jonathan O’Brien asked the Minister for Defence if his attention has been drawn to the views of the Dublin city coroner, that users of lariam may suffer extreme psychotic reactions as a result, as well as the views of the State Pathologist that the drug can induce psychosis; and if he will make a statement on the matter. [36730/11]

I propose to take Questions Nos. 183 to 188, inclusive, together.

Malaria is a serious disease which can cause serious complications and death. It is estimated by the World Health Organization that approximately 1 million people die every year from malaria. It has long been recognized as being a serious threat to any military force operating in a malarious area.

For the individual, prevention of malaria depends largely on minimizing skin exposure to mosquito attack. This involves the wearing of long sleeved shirts and long trousers, avoidance of outdoor activities at times when mosquitoes are most active, use of various insect repellents, etc. A second line of defence involves the use of a chemoprophylactic agent. This is taken orally and designed to ‘mop' up any parasites which may have entered the blood stream through the bite of an infected mosquito.

The Defence Forces may only prescribe drugs, including anti-malarial drugs, which are licensed by the Irish Medicines Board (IMB). The IMB is the national competent authority for the regulation of medicines and medical devices in Ireland. The objective of the IMB is to ensure in so far as possible, consistent with current medical and scientific knowledge, the quality, safety and efficacy of medicines available in Ireland and to participate in systems designed to do that throughout the European Union. There are three IMB-licensed anti-malarial medications (chemoprophylaxis) available to the Defence Forces — Doxycycline, Lariam and Malarone.

Cost has never been a deciding factor in choosing which of the three medications is prescribed for an individual. The choice of chemoprophylaxis medication is based solely on which product gives the individual the best protection having regard to their medical profile, their destination and the duration of the deployment.

a. Doxycycline has to be taken in the absence of dairy products. It has a daily dosage regime. It is cheaper than both Lariam and Malarone. While it can cause minor but troublesome, mainly gastrointestinal side effects, it can also produce sun-sensitivity skin rashes (akin to severe sun burn) in some individuals. This is particularly significant when used in very sunny climes. For this reason it is not recommended for first line use by the Defence Forces in sub-Saharan Africa. It is the anti-malaria chemoprophylaxis of first choice by the Defence Forces in some geographic regions, e.g. Afghanistan;

b. Lariam (mefloquine) was first authorised for use by the IMB in 1989. The authorised product information provides details to ensure its safe and effective use given its side-effects profile including potential neuropsychiatric effects. The IMB is of the view that the benefit/risk profile for the product remains acceptable. From a compliance point of view, its weekly dosing regimen scores over the other available chemoprophylaxis. Very simply stated, it is easier to remember a weekly medication than a daily medication, particularly where the entire unit uses the same ‘medication day'. Lariam is the chemoprophylaxis agent of first choice in sub-Saharan missions undertaken by the Defence Forces;

c. Malarone is unsuitable for use as it is licensed for no more than 28 days continuous use in a malarious area by the Irish Medicines Board (IMB). In this context this prophylactic agent is only suitable for use where the overseas deployment does not exceed 28 days. It has a daily dosage regime. It is more expensive than both Doxycycline and Lariam.

All of these drugs are recommended by the World Health Organisation and other travel advisory bodies such as the United States Centre for Disease Control.

In accordance with best international practice in prescribing any of these medications, and taking account of the contra-indications, warnings and side effects highlighted by the IMB, the Defence Forces screen all personnel for medical suitability. The screening system rules out personnel from overseas service with certain conditions for example depression, anxiety, neurodegenerative disorders etc., which, as has been indicated by the IMB and other regulatory bodies worldwide, are more likely to precipitate serious adverse reactions to Lariam.

In the case of overseas missions to malarious areas, the medical screening involves a one-on-one assessment of the individual's suitability to be prescribed the selected anti-malarial agent in line with current IMB guidelines. This typically involves review of the individual's previous experience, if any, with the medication. The individual's medical history is also screened for those conditions which have been identified as precipitating serious side effects in association with the medication. In addition, blood tests are carried out to ensure that the liver is healthy, as liver disease is an accepted contra indication to the use of Lariam.

It is the policy of the Defence Forces Medical Corps that personnel who are found suitable for Lariam should commence their medication three — four weeks in advance of their travel. The purpose of this precaution is two-fold — while it allows a slow build-up of the medication in the bloodstream, it also permits assessment by the person of their individual reaction to the medication while still in Ireland. During this ‘probationary' period the individual can consult with a Medical Officer (MO) over any adverse reaction, minor or major. Some minor reactions may be transient but if persistent, or troublesome, the individual will be deemed to have ‘sensitivity' to the medication and will be found not medically suitable for the mission.

Personnel are screened both before and after deployments and all necessary actions are taken to ensure that those with contraindications to Lariam use are deemed unsuitable for overseas service and are not prescribed the medication.

I am informed by the Director of the Defence Forces' Medical Corps (DMC) that the US Centre for Disease Control's Health Information for International Travel 2012 (the "Yellow Book") advises that a risk assessment be carried out before deciding on the use of a malaria chemoprophylactic agent. Chapter 3 of the "Yellow Book" lists recommended malaria chemoprophylaxis, including Mefloquine (Lariam).

Chapter 8 of this book contains a section relating to special considerations for US military deployments. Reference is made to a policy memorandum issued by the US Assistant Secretary of Defence (Health Affairs) that recommended that Doxycycline or Malarone should be used instead of Lariam if they were equally efficacious for the areas being deployed to. This, however, was in the context of very large-scale deployments where it is not possible to have the one-on-one assessment of an individual's suitability for Lariam that is carried out prior to deployments by members of the Irish Defence Forces. I am informed by the DMC that he is aware of this memorandum.

It should be noted that the primary area of operations for US Forces is Afghanistan currently. Neither the US Army nor Irish Defence Forces recommend Lariam as a first-line malaria chemoprophylaxis for Afghanistan. A breakdown of costs in relation to malaria chemoprophylaxis dispensed by the Defence Forces (e.g. Lariam and Doxycycline) over the last 3 years is not readily available. I will write separately to the Deputy about this matter.

The Defence Forces Medical Corps do not perform post mortems when a member of the Defence Forces dies in service. It is a matter for the Coroner's Office to determine whether a Post Mortem should be carried out which would then be carried out by an appointed pathologist. It is therefore a matter for that pathologist to determine what procedures are used in post mortems.

I am not aware of the specific views of the State Pathologist but I have confirmed that following the death of an Irish man in Vietnam in 2000 that the Dublin City Coroner notified the Irish Medicines Board that "concerns were expressed at the inquest in relation to possible psychotic reactions to Lariam". I understand that the coroner made no conclusion whether Lariam was a contributing factor in the death.

Defence Forces Reserve

Dominic Hannigan

Question:

189 Deputy Dominic Hannigan asked the Minister for Defence his plans for the Reserve Defence Force if there is a cold weather snap this year; and if he will make a statement on the matter. [36741/11]

At this point in time, I do not envisage that there will be a role for the Reserve Defence Force (RDF) if a period of severe weather occurs during this winter. Unless a situation was to arise that is far worse than has been the case in recent years, I am satisfied that the Permanent Defence Force (PDF) will once again be in a position to carry out all tasks assigned to it. Preparations to cope with the possibility of severe weather occurring during this winter are ongoing. The Government Task Force on Emergency Planning, which I Chair, has been working to further develop the "whole of Government" approach to preparing for severe weather. I recently Chaired a special meeting of the Task Force following which a public information campaign, including a dedicated website www.winterready.ie, was launched.

During the periods of severe weather that occurred over the past two winters, all assets, resources and capabilities of the PDF nationally were made available to the Government Task Force, and its Inter Agency Coordination Committee, for the purpose of providing assistance where it was not possible for other agencies and organisations to respond. The PDF's involvement proved to be extremely effective as it responded to all requests for assistance received from the civil authorities.

Tax Code

Tom Hayes

Question:

190 Deputy Tom Hayes asked the Minister for Agriculture, Food and the Marine the reason flat rate expenses allowance is not paid to all agricultural consultants (details supplied); and if he will make a statement on the matter. [36696/11]

The extension of tax free allowances to private sector agricultural consultants is a matter for the Revenue Commissioners.

Grant Payments

Tom Hayes

Question:

191 Deputy Tom Hayes asked the Minister for Agriculture, Food and the Marine when single farm payment will issue to a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [36674/11]

An application under the 2011 Single Payment Scheme was received from the person named on 21 April 2011, processing of which has recently been finalised, thereby allowing the 50% advance payment to issue in the coming days.

Brendan Griffin

Question:

192 Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if REP scheme payment will issue to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [36718/11]

The person named was approved for participation in the Agri-Environment Options Scheme (AEOS) with effect from 1st November 2010. Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. During these checks, queries arose in respect of a land parcel that requires digitisation for AEOS purposes and also the location of two measures listed on the application of the person named. The person named has been contacted in relation to these issues and my Department is awaiting the reply in order to further progress the application with a view to issuing payment as quickly as possible.

Michael Healy-Rae

Question:

193 Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine when a single farm payment will issue to a person (details supplied) in County Cork. [36732/11]

An application under the 2011 Single Payment Scheme was received from the person named on 11 May 2011, processing of which has recently been finalised, thereby allowing the 50% advance payment to issue to the applicant on 15 November.

Dara Calleary

Question:

194 Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine if grant assistance towards fodder will be given in the case of a farmer’s herd infected with tuberculosis, TB. [36740/11]

Under the Hardship Grant Scheme, assistance is available from my Department to eligible herdownerswho are restricted under the TB/BR Eradication Scheme. This scheme is aimed at assisting eligible owner(s) whose holding is restricted during the period from the 1 November to 30 April.

My Department issues an application form to all potential applicants who are restricted during the eligibility period. An essential condition for eligibility is that the holding of the applicant applying continues to be restricted following a full herd Reactor Re-test, with certain exceptions which are detailed in the documentation. In addition, herdowners must not be in receipt of off farm income or must not have any income from milk sales during the period to which payment refers. Furthermore, an owner who moves animals into a restricted holding, with certain exceptions, will not be eligible for payment under the Hardship Grant Scheme from the date the animals are moved into the herd for the remainder of the restriction period. Under the terms and conditions of the scheme the onus is on the owner to apply immediately when s/he considers herself/himself to be eligible having regard to the eligibility criteria, as payment can only be paid from the date of receipt of the completed application.

A maximum of €250.00 per month per herd may be paid under this scheme, for a period not exceeding 4 months during the eligibility period, with a payment of €38.00 per month for each suckler cow and €25.00 per month for each dairy cow or other animal.

John Browne

Question:

195 Deputy John Browne asked the Minister for Agriculture, Food and the Marine when a single farm payment due to a person (details supplied) in County Wexford will issue. [36772/11]

An application under the 2011 Single Payment Scheme was received from the person named on 6 May 2011, processing of which has recently been finalised, thereby allowing the 50% advance payment to issue to the applicant in the coming days.

Michael Creed

Question:

196 Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Cork will receive payment in respect of their single farm payment; and if he will make a statement on the matter. [36787/11]

An application under the 2011 Single Payment Scheme was received from the person named on 12 May 2011, processing of which has recently been finalised, thereby allowing the 50% advance payment issue to the applicant in the coming days.

Íocaiochtaí Deontas

Éamon Ó Cuív

Question:

197 D’fhiafraigh Éamon Ó Cuív den Aire Talmhaíochta, Bia agus Mara cén fáth nach bhfuil íocaíocht faoi scéim na limistéar faoi mhíbhuntáiste (disadvantaged area scheme) ceadaithe d’fheirmeoir (sonraí leis seo), cé go bhfuil pasanna ainmhithe, mar a bhí iarrtha ag an Roinn, curtha chuig an Roinn ón 28 Meán Fómhair 2011; agus an ndéanfaidh sé ráiteas ina thaobh. [36830/11]

Fuarthas iarratas faoi Scéim na hAoníocaíochta / Scéim na Limistéar faoi Mhíbhuntáiste 2011 ón duine ainmnithe ar an 11 Bealtaine 2011. Faoi na Téarmaí agus Coinníollacha a rialaíonn scéim na Limistéar faoi Mhíbhuntáiste, ní mór d'iarratasóirí dlús stoic íosta de 0.15 aonad beostoic in aghaidh an heicteáir foráiste dearbhaithe a choinneáil ar a ngabháltas, ar feadh tréimhse trí mhí as a chéile ar a laghad i rith bhliain an iarratais.

Scríobhadh chuig an duine ainmnithe ar an 1 Meán Fómhair 2011, ag tabhairt cuireadh dó fianaise chuí a sheoladh isteach maidir le líon na mbeostoc á gcoinneáil ar an ngabháltas, mar gheall gur thaispeáin taifid na Roinne nach raibh an dlús stoic íosta bainte amach ag an duine ainmnithe fós. Sheol an duine ainmnithe fianaise isteach go raibh 5 Eachaí ar an ngabháltas. Mar gheall nach ndéanann sé sin an riachtanas maidir le stoc a shásamh, scríobhadh chuig an duine ainmnithe arís ar an 20 Deireadh Fómhair 2011 ag cur an staid reatha in iúl dó agus ag lorg fianaise ar bheostoc ar bith eile ar an ngabháltas. Tar éis freagra shásúil a fháil, déanfar tuilleadh próiseála ar an iarratas d'fhonn íocaíocht a dhéanamh go luath.

Éamon Ó Cuív

Question:

198 D’fhiafraigh Éamon Ó Cuív den Aire Talmhaíochta, Bia agus Mara cén fáth nach bhfuil íocaíocht faoi sceim na limistéar faoi mhíbhuntáiste (disadvantaged area scheme) ceadaithe d’fheirmeoir (sonraí leis seo), cé go bhfuil an t-eolas breise a bhí iarrtha ag an Roinn curtha ar aghaidh ón 29 Meán Fómhair 2011; agus an ndéanfaidh sé ráiteas ina thaobh. [36831/11]

Fuarthas iarratas faoi Scéim na hAoníocaíochta/Scéim na Limistéar faoi Mhíbhuntáiste ón duine ainmnithe ar an 18 Aibreán 2011. Roghnaíodh an t-iarratas seo le haghaidh Cigireachta um Incháilitheacht Talún agus bhí sé mar ábhar na cigireachta sin. Cuireadh an chigireacht seo i gcrích agus tá na torthaí á bpróiseáil faoi láthair.

I bhformhór mór na gcásanna faoi chigireacht, lena n-áirítear an cás seo, bhí gá le leasú a dhéanamh ar na léarscáileanna le go gcoinneofaí an Córas Aitheanta Dáileachtaí Talún a úsáidtear chun íocaíochtaí a dhéanamh le feirmeoirí suas chun dáta. Tá an obair seo idir lámha agus tá gach iarracht á dhéanamh an phróiseáil a chur i gcrích dóibh siúd a bhí faoi réir ag Cigireacht um Incháilitheacht Talún.

Departmental Agencies

Michael McGrath

Question:

199 Deputy Michael McGrath asked the Minister for Agriculture, Food and the Marine his views on the potential to realise savings from the rationalisation of Teagasc offices; and if he will make a statement on the matter. [36838/11]

Under the Agriculture, (Research, Training and Advice) Act, 1988, Teagasc has statutory responsibility for the provision of education, advisory and research services to the agriculture sector. It is a matter for Teagasc and its Board to prioritise activities in the delivery of these services and to allocate its resources in accordance with these priorities. Ministerial responsibility is confined to matters of policy in accordance with the Act and the Minister does not interfere in the day-to-day operations of Teagasc.

Teagasc is currently implementing a major ‘Change Programme' 2009 — 2013 to address the need for significant resource rationalisation arising from ongoing budgetary challenges and to reorganise the organisation to meet the significant challenges that lie ahead. The Programme involves the closure of up to 40 local advisory offices, a reduction in research land resources, staff reductions and prioritisation of programme activities. The decision to close particular offices and concentrate the delivery of services at fewer locations is an operational matter for Teagasc and its Board. The offices are either leased premises with annual rental costs or are owned by Teagasc.

Departmental Expenditure

Michael McGrath

Question:

200 Deputy Michael McGrath asked the Minister for Agriculture, Food and the Marine the cost of the suckler cow scheme for 2011; his views on the scope to realise savings from the operation of this scheme; and if he will make a statement on the matter. [36839/11]

Payments under the Suckler Cow Welfare Scheme in respect of calves born in 2008, 2009 and 2010, whose eligibility for payment has been validated, are made on an ongoing basis throughout the year. The total amount of money that will be paid on the Suckler Cow Scheme can only be determined at the end of the year as these payments continue to be made.

I have also decided to make payments on eligible 2011 born calves and I have asked farmers, who want to get paid on 2011 born calves before the end of this year, to complete the registration of all of the measures under the Scheme as a priority. Therefore, the 2011 outturn will not be known until the end of the year as payments to farmers will continue into December.

Michael McGrath

Question:

201 Deputy Michael McGrath asked the Minister for Agriculture, Food and the Marine the cost of the operation of the disadvantaged area compensatory allowance scheme; his views on the scope to realise savings from the operation of the scheme; and if he will make a statement on the matter. [36840/11]

It is not possible to isolate the cost of processing an individual Disadvantaged Areas Scheme payment. Departmental staff are involved in a complex processing system, which in the case of the vast majority of applicants, cover a number of schemes such as the Single Payment Scheme, the Disadvantaged Areas Scheme, the Grassland Sheep Scheme, and Agri-Environmental Schemes such as REPS and AEOS. All in all some €1.8 billion is paid annually to over 130,000 farmers.

My Department operates an extremely efficient processing system for the payment of the Disadvantaged Areas Scheme and other area-based Schemes. Payment is generally made to the vast majority of farmers in the immediate time period following the earliest date for the commencement of payments and places Ireland to the forefront in the EU in terms of early delivery of direct payments. In a study to assess the administrative burden on farms arising from the CAP, consultants employed by the Commission established that Ireland has the lowest administrative cost of the five Member States involved in the study (Germany, Ireland, France, Italy and Denmark).

In 2008 and previous years, payments under the Disadvantaged Areas Scheme were limited to a maximum area of 45 hectares per beneficiary. In 2009 this maximum area was reduced to 34 hectares, due to budgetary constraints. While difficult decisions will have to be taken in light of the situation of the public finances, my approach in preparing the 2012 Estimates for my Department is to focus available resources on the measures, which will reward active farmers, and that will allow us to maintain and grow the productive capacity of the agri-food sector .

Grant Payments

Brendan Griffin

Question:

202 Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when a payment will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [36857/11]

An application under the 2011 Single Payment/Disadvantaged Areas Scheme was received from the person named on 4 May 2011. The application included a part of Coumduff commonage. This commonage has been over-claimed in the 2011 scheme year and payment cannot issue to any applicant, who declared a share in the commonage until this matter is satisfactorily resolved and my Department is attempting to do so with a view to making payment on the earliest possible date.

Heather Humphreys

Question:

203 Deputy Heather Humphreys asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Monaghan will receive their single payment scheme and disadvantaged area scheme; and if he will make a statement on the matter. [36867/11]

An application under the 2011 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 28 April 2011, processing of which was recently finalised, thereby allowing the appropriate payments to issue shortly to the person named.

Willie Penrose

Question:

204 Deputy Willie Penrose asked the Minister for Agriculture, Food and the Marine the steps he will take to ensure that payments due to a person (details supplied) in County Westmeath are immediately paid to this person; and if he will make a statement on the matter. [36868/11]

An application under the 2011 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 20 April 2011, processing of which has recently been finalised, thereby allowing the 50% advance of the Single Payment to issue to the applicant on 22 November. Payment under the Disadvantaged Areas Scheme will issue in the coming days.

Milk Quota

Michael McGrath

Question:

205 Deputy Michael McGrath asked the Minister for Agriculture, Food and the Marine if he is satisfied that there is sufficient capacity within the milk processing industry, particularly the co-operative sector, to take advantage of the opportunity arising from the termination of the EU milk quota system; and if he will make a statement on the matter. [36894/11]

Taking advantage of the opportunity presented by the abolition of milk quotas in 2015 means, in the medium-term, achieving the Food Harvest 2020 target of a 50 per cent increase in milk production by 2020. This is a target that I believe will be achieved through a focused and determined implementation of the report’s recommendations for the dairy sector, which include:

(i) the need to improve on-farm competitiveness through, for example, animal health and genetic improvement programmes as well as increased efficiency through education and technology transfer,

(ii) the need to ensure adequate capacity and maximum efficiency at processing level,

(iii) the need to facilitate more commercially focused R&D and marketing activities, as well as further research into strategies to reduce greenhouse gas emissions.

The provision of adequate processing capacity is of course a matter for the milk processing industry itself. It is encouraging that the importance of the issue has been acknowledged in the Dairy Expansion Activation Group's Road Map for the implementation of Food Harvest 2020 in the dairy sector, and I am confident that the processing industry will respond as necessary and will work with the rest of the sector to ensure that the Food Harvest 2020 objectives are met.

Grant Payments

Jack Wall

Question:

206 Deputy Jack Wall asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Kildare will be paid their single farm payment; and if he will make a statement on the matter. [36908/11]

An application under the 2011 Single Payment Scheme was received from the person named on 5 April 2011. The application has now been fully processed and the appropriate payment will issue shortly.

Foreign Adoptions

Ciaran Lynch

Question:

207 Deputy Ciarán Lynch asked the Minister for Children and Youth Affairs the position regarding adoptions from Vietnam and the position regarding the accreditation of an adoption agency (details supplied); her plans to bring forward any new proposals in this area; and if she will make a statement on the matter. [36724/11]

The Vietnamese authorities deposited the instrument of ratification of the Hague Convention earlier this month. Therefore, the Hague Convention on Intercountry Adoption will enter into force for Vietnam on 1 February 2012.

As provided for in Section 72 of the Adoption Act, 2010, the Adoption Authority may establish administrative arrangements concerning the processing of applications with other Hague countries in relation to intercountry adoptions. Preliminary discussions have taken place regarding official visits and exchange of information between Ireland and Vietnam with a view to putting in place administrative arrangements under Section 72 of the 2010 Act.

While the Hague Convention will take effect in Vietnam in February next, it is not yet clear how soon after that arrangements will be in place, in both jurisdictions, to allow inter country adoption recommence. It might also be anticipated that for any sending country, commencing implementation of the Hague framework, will begin slowly and may prioritise children with higher levels of need. While every effort is being made by Irish authorities to develop the necessary administrative agreement and other requirements, certain operational elements of the process are purely a matter for the sending country.

The position regarding the adoption agency referred to by the Deputy is that the application for accreditation by that agency is a matter for the Adoption Authority of Ireland. The Department understands that the Adoption Authority is awaiting information from the HSE on this matter.

Eoghan Murphy

Question:

208 Deputy Eoghan Murphy asked the Minister for Children and Youth Affairs her plans to allow the Adoption Authority to commence negotiations with the Ethiopian authorities in order to allow inter-country adoptions between Ireland and Ethiopia. [36763/11]

Kevin Humphreys

Question:

210 Deputy Kevin Humphreys asked the Minister for Children and Youth Affairs in view of her decision to examine with the Adoption Authority of Ireland the possibility of a bilateral agreement for adoption with Russia, which is not a signatory of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, that she will also consider doing the same for Ethiopia from which nearly 300 children have been adopted into Irish families in the past 20 years; and if she will make a statement on the matter. [36875/11]

I propose to take Questions Nos. 208 and 210 together.

The negotiation of bilateral agreements on intercountry adoption with non-contracting states is governed by Section 73 of the Adoption Act 2010 which states that "the Authority, with the prior consent of the Minister, may enter into discussions with any non-contracting state concerning the possibility of the Government entering into a bilateral agreement with that State." Ethiopia, as it is not a signatory of Hague, is covered by Section 73 of the Adoption Act, 2010. As the Hague Convention is designed to ensure a minimum set of standards in intercountry adoption, the Adoption Authority has indicated that its first priority is to reach agreements on arrangements with other Hague countries.

Youth Services

Patrick Nulty

Question:

209 Deputy Patrick Nulty asked the Minister for Children and Youth Affairs her views on the potential impact a reported cut of up to 15% in funding to City of Dublin Youth Service Board youth services would have on local communities around Dublin. [36770/11]

The City of Dublin Youth Service Board (CDYSB) has, for many years, been promoting, supporting and co-ordinating the development of voluntary youth clubs and youth services in Dublin City and I am aware of the valuable work carried out by CDYSB in the youth sector.

Funding of €60.954m is available from my Department in 2011 to support the delivery of a range of youth work programmes and services for all young people, including those from disadvantaged communities, by the voluntary youth work sector. Youth work programmes and services are delivered to young participants in the various programmes by some 1,100 youth work staff and by a volunteer base of over 60,000.

In light of current budgetary constraints, the youth budget requires careful management with a focus on prioritising front-line services and protecting jobs in so far as is possible. Officials from my Department have met with representatives of the youth sector, including CDYSB, on an ongoing basis to ascertain the sector's views on how best to minimise the impact of budgetary constraints with a view to consolidating, in so far as is practicable, the progress made in previous years. Every effort will be made to notify the various youth work organisations and administering agencies of their 2012 allocations as speedily as possible. As Minister for Children and Youth Affairs, I am committed to the development of a new youth policy framework which my Department is currently progressing. Through this work a clear policy framework will emerge that will aim to enhance the development, participation and support of young people.

I intend that the policy framework will also facilitate and promote co-ordination and coherence across departments and services and will set out the priorities, rationale and criteria for future funding programmes. It will also accommodate issues relevant to young people within the 10-24 age range in informal or out-of-school settings that fall within the remit of my Department. The overall aim will be to clarify and enhance coherence, connectivity, coordination and delivery in youth services and related out-of-schools services for young people and to ensure such provision is both quality and outcomes based.

Question No. 210 answered with Question No. 208.

Health Services

Joanna Tuffy

Question:

211 Deputy Joanna Tuffy asked the Minister for Health the position regarding the proposed new health centre at a location (details supplied) in Dublin 22; if local residents have been consulted regarding proposals; and if he will make a statement on the matter. [36678/11]

The Health Service Executive has responsibility for the management and delivery of the health capital programme. I have, accordingly, referred your question to the Executive for attention and direct reply.

Hospital Services

Terence Flanagan

Question:

212 Deputy Terence Flanagan asked the Minister for Health the position regarding an investigation into a death (details supplied) at a hospital; and if he will make a statement on the matter. [36680/11]

Firstly may I offer my condolences to the family that the Deputy refers to in his question. As you are aware, my main objective as Minister for Health is to address the problems which have resulted in a health care system that all too often does not perform to a sufficiently high standard. I can assure you that I am determined to address these health care issues and to ensure that the patient always remains central in our health care system.

Immediately following my appointment I set about establishing the Special Delivery Unit (SDU) to unblock access to acute services by improving the flow of patients through the system. The SDU is focusing initially on emergency departments and will be working to support hospitals in addressing excessive waiting times for admission to hospital. The SDU is working closely with the HSE to support performance management. As part of that work, the SDU is establishing an infrastructure based on information collection and analysis. As a result of this exercise Beaumont Hospital was identified as a hospital that requires intense support from the SDU.

I can confirm that Beaumont Hospital will receive over €400,000 in additional once off funding to help alleviate the emergency department pressures. This funding will be used in a number of ways including the provision of additional discharge care packages and increased bed capacity. I am confident that the implementation of these measures will result in an improved service in the emergency department in Beaumont Hospital.

I am not aware of the investigations that the Deputy refers to. I have arranged for the question to be forwarded to the HSE who will respond to you directly in relation to investigations that maybe taking place under the auspices of the HSE. The HSE has provided for a robust complaints mechanism, information regarding this can be accessed on the HSE website via http://www.hse.ie/eng/services/ysys/Complaints/HowTo/.

Medical Cards

Paul Connaughton

Question:

213 Deputy Paul J. Connaughton asked the Minister for Health when a decision will issue in relation to a medical card appeal in respect of a person (details supplied) in County Galway; and if he will make a statement on the matter. [36683/11]

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

Health Services

Finian McGrath

Question:

214 Deputy Finian McGrath asked the Minister for Health the position regarding housing in respect of a person (details supplied) in Dublin 3. [36689/11]

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

National Treatment Purchase Fund

Nicky McFadden

Question:

215 Deputy Nicky McFadden asked the Minister for Health his views on the fairness of the national patient treatment fund appeals process; if an independent appeals process will be created; and if he will make a statement on the matter. [36711/11]

The National Treatment Purchase Fund (NTPF) has statutory responsibility for the negotiation of prices with private and voluntary nursing homes. The NTPF is independent in the performance of this function and, in carrying it out, it must ensure value for money for both the individual and the State. The NTPF negotiates with each nursing home individually and may examine the records and accounts of nursing homes as part of the process. This method of negotiation is necessary in order to ensure that the State obtains the best value for each individual in a nursing home and to comply with competition law.

When negotiations on price break completely down with a particular private nursing home a review process has been developed by NTPF. The case is transferred to an NTPF representative, not previously involved with negotiations, to take a completely fresh look at the file, the pricing proposals and the facts of the case. A written report of this peer review is then produced. If this step proves to be unsuccessful the file may be submitted to the NTPF Director of Finance for further consideration. If agreement on price still cannot be reached after these steps the file is submitted to the NTPF CEO for a final decision. To protect resident interests throughout this process the nursing home is offered a roll over agreement at the last agreed price.

The spirit and intent of this method is to ensure that each pricing submission is given a rigorous, reasonable and fair assessment by NTPF and, so far, has proved to be a practical business like way for both sides to deal with contentious issues. Details of the review process have been shared with the representative body for private nursing homes (Nursing Homes Ireland) and it is also set out on the NTPF website.

Health Services

Finian McGrath

Question:

216 Deputy Finian McGrath asked the Minister for Health the position regarding services in respect of a person (details supplied) in Dublin 5. [36714/11]

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

Billy Timmins

Question:

217 Deputy Billy Timmins asked the Minister for Health the position regarding access to an account in relation to a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [36748/11]

I have referred this query directly to the HSE's Patient Private Property Account Manager in Tullamore who will investigate the matter and respond to the Deputy.

Hospital Trusts

Gerry Adams

Question:

218 Deputy Gerry Adams asked the Minister for Health the progress made toward the development of hospital trusts; and if he will make a statement on the matter. [36751/11]

The health service requires strong management capacity to deliver on service targets in an effective and efficient way within available resources, and also to lead change in a complex environment. As stated in the Programme for Government, in conjunction with the introduction of universal health insurance, public hospitals will become independent, not-for-profit trusts. This will require the development of the necessary corporate governance, management and clinical capacity to ensure that these hospitals are equipped to function efficiently and effectively, once established as independent service providers.

The establishment of hospital trusts is an important stepping stone towards the introduction of universal health insurance which is the ultimate destination of the Governments reform programme. My first priority has been the establishment of the special Delivery Unit to tackle patient flows and, specifically, the crisis in the Emergency Departments in our hospital system. To make such change sustainable there must be genuine accountability across the system and hospital trusts will be a key part of this. My Department has already begun some preliminary work looking at comparable models in other jurisdictions.

Health Services

Pearse Doherty

Question:

219 Deputy Pearse Doherty asked the Minister for Health the number of patients currently on a waiting list for orthopaedist footwear fitting clinics in the north west; the average timeframe from referral to receiving appointment; the current services available in the north west; and if he will make a statement on the matter. [36752/11]

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

Hospital Accommodation

Pearse Doherty

Question:

220 Deputy Pearse Doherty asked the Minister for Health the position regarding the future of the Shiel Hospital in Ballyshannon, the Rock Hospital in Ballyshannon and Lifford Community Hospital, County Donegal; and if he will make a statement on the matter. [36755/11]

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

Mental Health Services

Eoghan Murphy

Question:

221 Deputy Eoghan Murphy asked the Minister for Health if any decision has been made in budget 2012 on funding for St. Michael’s House, Ballymun Road, Dublin 9, which provides services to those with intellectual disabilities in the community. [36760/11]

The Health Service Executive has advised me that expenditure on health services for people with a disability in 2011 will be approximately €1.5 billion. Special consideration was given to disability and mental health in Budget 2011 through a maximum reduction of just 1.8% in the allocation for the two sectors. The relatively lower reduction of 1.8%, compared to other areas of the health budget that saw reductions of up to 5%, recognises that these services are provided to vulnerable groups and should help to ensure that existing services are maintained and that priority is given to the delivery of frontline services.

I recognise and appreciate the valuable contribution that St. Michael's House makes to the provision of services to individuals with intellectual disabilities in Dublin and Navan through a range of community-based day, respite, and residential services on behalf of the Health Service Executive. The HSE has advised that St. Michael's House will receive approximately €72 million in funding from them in 2011. Taking the reduction in the overall HSE disability budget for 2011 into account, the HSE was asked to manage the additional resources and engage with service providers including St. Michael's House, to ensure that existing support needs, and demands for additional places and supports, are managed effectively within the overall allocation.

Budget 2012

With regard to the level of funding for the Disability sector next year, this is being considered as part of the Comprehensive Review of Expenditure and Estimates process for 2012 which is currently underway. Deliberations on the expenditure allocations for 2012 are likely to continue up until Budget time and it would not be appropriate for me to comment further at this stage pending the outcome of those deliberations. As you are aware, the very difficult financial position facing the Exchequer will obviously require very careful management across all areas of expenditure.

Value for Money & Policy Review of Disability Services

A major priority for the Government in the coming months will be to finalise the current Value for Money and Policy Review of Disability Services to ensure that existing funding for people with disabilities is spent to best effect. It is now more important than ever that large scale spending programmes of this nature are subject to detailed periodic review. The VFM Efficiency and Effectiveness Review will make recommendations that will ensure that the very substantial funding of €1.5 billion provided to the specialist disability health sector is used to maximum benefit for persons with disability, having regard to overall resource constraints which affect all sectors at this time.

Proposed Legislation

Kevin Humphreys

Question:

222 Deputy Kevin Humphreys asked the Minister for Health if he has any plans to introduce legislation to regulate in vitro fertilisation and other assisted reproduction and fertility procedures here; and if he will make a statement on the matter. [36817/11]

Anne Ferris

Question:

223 Deputy Anne Ferris asked the Minister for Health if proposals to regulate the area of assisted human reproduction will be finalised this year; when these proposals will be published; when legislation is expected on the matter; and if he will make a statement on the matter. [36818/11]

I propose to take Questions Nos. 222 and 223 together.

I wish to inform the Deputies that I am currently examining policy proposals to regulate the area of Assisted Human Reproduction and related practices with a view of submitting them to Government early next year.

Medical Cards

Jack Wall

Question:

224 Deputy Jack Wall asked the Minister for Health the position regarding a medical card application in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [36820/11]

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

Cancer Screening Programme

Jack Wall

Question:

225 Deputy Jack Wall asked the Minister for Health when a person (details supplied) in County Kildare will receive an appointment date for their breast check; and if he will make a statement on the matter. [36825/11]

The Deputy's question relates to service delivery matters and accordingly I have asked the HSE to respond directly to him.

Hospital Waiting Lists

Seán Ó Fearghaíl

Question:

226 Deputy Seán Ó Fearghaíl asked the Minister for Health when an appointment will be made for urgent surgical intervention in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [36827/11]

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.

Departmental Agencies

Michael McGrath

Question:

227 Deputy Michael McGrath asked the Minister for Health his views on the future of the Health Information and Quality Authority; and if he will make a statement on the matter. [36833/11]

The Programme for Government contains a commitment to expand the Health Information and Quality Authority's inspection role into the area of residential services for people with disabilities along with a commitment to establish a Patient Safety Authority which will incorporate HIQA. Discussions are ongoing between my Department and HIQA to progress these commitments.

Departmental Staff

Michael McGrath

Question:

228 Deputy Michael McGrath asked the Minister for Health the total value of bonus payments made to staff in 2010 and to date in 2011; and if he will make a statement on the matter. [36851/11]

No staff member in my Department has received a bonus payment in the last two years.

Hospital Charges

Caoimhghín Ó Caoláin

Question:

229 Deputy Caoimhghín Ó Caoláin asked the Minister for Health, further to Parliamentary Question No. 1002 of 14 September 2011, when a reply will issue from the Health Service Executive. [36859/11]

I apologise for the delay in responding to the Deputy in relation to his question of the 14th September regarding savings that could be made if charges based on the full economic cost to all use of beds in public and voluntary hospitals for the purposes of private medical practice.

Charging the full economic cost for all use of beds in public and voluntary hospitals for the purpose of private medical practice would involve two changes to the current system: (i) raising the charges to reflect the full costs of treatment and (ii) revising the bed designation system to allow charges for all private patients in public hospitals. The issue of the level of private patient charges was examined in the Department's 2010 ‘Value for Money and Policy Review of the Economic Cost and Charges Associated with Private and Semi-Private Treatment Services in Public Hospitals'. The Review recommended a refined per diem costing methodology which allowed for higher private patient charges in 2011 and 2012 for the purposes of generating revenue and reducing the previous subsidy for private treatment. The total increase in income was estimated to be €93m. An increase of €75m was targeted for recovery in 2011 (an overall increase of 21%) and a further increase in the charges will be applied for 2012 which will close the subsidy to private treatment and generate an estimated additional €18m for the health system.

In order to control the level of private activity in publicly funded hospitals and to help ensure equitable access for public patients to services in these facilities, a system of bed designation is operated in public hospitals. The regulations underpinning this system stipulate that hospitals can only apply charges to private patients when they are treated in designated private or semi-private beds. Approximately 20% of public hospital beds are designated as private. The Comptroller and Auditor General has previously found that charges are not raised in respect of about half of all private patients because they are not occupying private designated beds.

In excess of €350m is currently raised in private health insurance charges. On the basis that only 50% of private patients are currently charged and that charges will be further increased in 2012 to reflect the full average cost, it is estimated that approx. €370m could be saved through charging the full average cost for all private treatment.

Hospital Staff

Caoimhghín Ó Caoláin

Question:

230 Deputy Caoimhghín Ó Caoláin asked the Minister for Health, further to Parliamentary Question No. 1006 of 14 September 2011, when a reply will issue from the Health Service Executive. [36860/11]

The HSE estimates that the average salary payable to Type A consultants is €188,200 per annum and that the average payable to Type B or B* consultants is €165,223. The Executive is not yet in a position to indicate the average salary for consultants who opted not to sign up to the 2008 contract. I will communicate further with the Deputy as soon as this is available.

Services for People with Disabilities

Caoimhghín Ó Caoláin

Question:

231 Deputy Caoimhghín Ó Caoláin asked the Minister for Health, further to Parliamentary Question No. 364 of 21 June 2011, when the outstanding information relating to Dublin mid-Leinster will issue from the Health Service Executive. [36861/11]

I understand from the Health Service Executive that it is compiling the data that the Deputy requested previously. I have asked the HSE to attend to this matter, and respond to the Deputy, as a matter of urgency.

Tobacco Control Strategy

Charlie McConalogue

Question:

232 Deputy Charlie McConalogue asked the Minister for Health if he will support the development of a national tobacco control strategy in conjunction with other Departments that combines a policy of regular tobacco taxation increases and tougher anti-smuggling measures with vast improvements to stop smoking in view of the fact that since such a policy was adopted in the UK the number of smokers has been reduced by 2 million, the rate of child smokers has been halved, smuggling has been reduced from 21% to 12% and net public finance benefits exceed £2.5 billion; and if he will make a statement on the matter. [36883/11]

The Tobacco Policy Review Group is currently considering a number of issues including price and taxation, enforcement of existing legislation and cessation services. The terms of reference given to this review group are, among others: (a) to examine Irish and international evidence and experience of effective measures and programmes to reduce smoking prevalence; and (b) to make policy proposals aimed at reducing smoking initiation and prevalence. I anticipate that the report of the review group will be completed in the near future and I will be bringing the report together with its recommendations on future policy proposals to Government for approval.

Hospital Staff

Dan Neville

Question:

233 Deputy Dan Neville asked the Minister for Health the position regarding registration in respect of a person (details supplied) in County Limerick. [36889/11]

I presume the Deputy refers to an application, from the person whose details are supplied, to have her professional qualifications recognised under Directive 2005/36/EC on the recognition of professional qualifications. Qualification recognition and registration are distinct separate processes. At present there is no system for the statutory registration in Ireland of the profession of the applicant; this will in time be provided for by the relevant Registration Board of the Health and Social Care Professionals Council.

Directive 2005/36/EC applies to all EEA nationals wishing to practise a regulated profession in an EEA Member State other than that in which they obtained their professional qualifications. Its intention is to make it easier for certain professionals to practise their professions in EEA countries other than their own but due safeguards are provided in the assessment of the qualification for public health and safety and consumer protection.

For the purposes of the Directive, a regulated profession is defined as a professional activity access to which is subject, directly or indirectly, by virtue of legislative, regulatory or administrative provisions to the possession of specific professional qualifications. Where statutory registration does not exist for a profession in Ireland, non-Irish qualifications are assessed for their equivalence to the Irish entry-level qualifications required to work in the Health Service Executive. Persons should not seek employment in their professional capacity in the publicly-funded health service in Ireland unless and until their qualifications have been recognised.

Under Statutory Instruments Nos. 139 and 166 of 2008, which transpose the Directive into Irish law, the Minister for Health and Children is the Competent Authority for the profession in question; the process is administered by the National Validation Office of the Health Service Executive (NVO) which is advised by the relevant professional body.

For the profession of the person to whom the Deputy refers, the Directive does not provide for automatic recognition of professional qualifications obtained in another Member State; it provides for an assessment, on a case-by-case basis, of the qualifications of an applicant against those required to practise in the host member state. If the activities covered by the profession in the home and the host member state are not comparable, then the qualifications cannot be recognised. If the activities are comparable but deficits in the qualifications are identified, subsequent post-qualification professional experience of the applicant must be considered. If deficits still remain, the host Member State must offer an applicant a compensation measure, a choice of completing an adaptation period or taking an aptitude test.

Applications must be acknowledged within one month and the applicant informed of any missing document. A final decision must be communicated to the applicant within four months of submission of a complete application. These time frames are clearly signalled on the Department's and the NVO's websites.

It would be inappropriate to comment on individual applications but my Department is advised by the National Validation Office of the HSE that the applicant's initial application was incomplete. A complete application was acknowledged from the person concerned on 10th November, 2011 and a substantiated decision must therefore issue by 10th March, 2012. The Deputy will understand that, in the interest of patient safety, the applicant must allow time, as provided for in the EU Directive, for the assessment of her non-Irish qualifications to ensure they meet Irish standards.

Michael McGrath

Question:

234 Deputy Michael McGrath asked the Minister for Health his plans to reduce the pay of hospital doctor consultants in line with the programme for Government commitment; if he will confirm if this is still his intention; and if he will make a statement on the matter. [36898/11]

While the Programme for Government provides for a reduction in consultants' remuneration, my immediate priority is to achieve more effective implementation of the existing contract so that patients get faster access to services and that better patient outcomes are achieved within the budgets available to hospitals. I believe there is considerable scope under the existing contract and the Public Service Agreement to achieve greater productivity from consultants. For example, increased consultant participation in patient discharges at weekends could more quickly free up beds for emergency admissions. I am satisfied that considerable efficiencies can be achieved under the terms of the 2008 contract, if consultants embrace this reform agenda.

The 2008 Consultant contract provides for an extended working day, an increase in the length of the working week and structured weekend work, with consultants working as part of a team delivering the Clinical Directorate Service Plan and focusing on greater equity in the provision of care. I believe that the efficiencies, productivity increases and reform, if achieved, will be worth more to the health system than simply reducing the pay of consultants. I would therefore strongly encourage consultants and their representative bodies to engage in a meaningful way with the HSE and hospital management to progress this important agenda.

Human Rights Issues

Anne Ferris

Question:

235 Deputy Anne Ferris asked the Minister for Health in view of the fact that the expert group on ABC v Ireland is due to be established very soon, if a more substantive response to Parliamentary Question No. 508 will be provided; and if he will make a statement on the matter. [36909/11]

I wish to inform the Deputy that my officials are in the process of finalising the work required to establish the Expert Group on the ABC v. Ireland judgment. Until this work has been completed it would be inappropriate for me to divulge any further details on the matter.

Medical Cards

John McGuinness

Question:

236 Deputy John McGuinness asked the Minister for Health if a medical card will be approved as a matter of urgency in respect of a person (details supplied) in County Kilkenny. [36911/11]

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

Light Rail Project

Simon Harris

Question:

237 Deputy Simon Harris asked the Minister for Transport, Tourism and Sport the rationale he and the Railway Procurement Agency used to extend the Luas to Broombridge, Dublin in preference to the Dublin Airport railway link; and if he will make a statement on the matter. [36691/11]

Funding for public transport under the new Medium Term Framework to 2016 is being prioritised to ensure maintenance of existing investment and to advance a small number of important projects which can add value to the existing network and, for the Greater Dublin Area (GDA), progress to a limited degree the proposed long term integration agenda.

In regard to the latter, commencing construction of the Luas Broombridge (BXD) has been prioritised given that it will deliver benefits by creating a Luas network through connecting the existing lines, serving areas of the North city such as Grangegorman, Phibsborough and Cabra and integrating with rail services on the Maynooth and Dunboyne lines as well as Quality Bus Corridor cross city/city centre bus services. The Business Case is strong and it is projected to operate without any operating subsidy. Luas BXD will result in up to 10 million extra trips on the Luas network, exploiting the true value in the investment made to date in Luas infrastructure. The decision of An Bord Pleanála on the Railway Order application for this project is expected shortly.

As regards the proposed DART link to the Airport, on my appointment as Minister I requested Irish Rail to prepare a preliminary business plan for this project which was reviewed by the National Transport Authority (NTA).

While these two projects are not strictly comparable as they seek to serve different transport needs, the NTA have advised that DART to the Airport does not deliver the same returns with regard to passenger numbers and reduction of car trips and there is less certainty over the expected economic benefits and its projected cost. In addition, the NTA consider that the proposal does not adequately address the overall public transport needs in the strategic Airport /Swords and Ballymun corridors. Furthermore, the DART to the Airport line may lead to a reduction in direct services to Howth, Sutton and Bayside and would undermine the ability to grow railway services north of Clongriffin in the medium term.

Accordingly, on the basis of the information provided by the NTA, the strategic and economic case for the Luas BXD project is more favourable than that of the DART Airport link proposal in terms of addressing the public transport needs of the region.

Road Network

Éamon Ó Cuív

Question:

238 Deputy Éamon Ó Cuív asked the Minister for Transport, Tourism and Sport the discussions he had with the Minister for Regional Development of the Northern Ireland Executive on the completion of the A5; the attitude of the Northern Minister to the withdrawal of funds; and if he will make a statement on the matter. [36811/11]

The A5 project was discussed at the North South Ministerial Council Plenary meeting on 18th November 2011. At the plenary meeting, Ministers noted that the provision of further funding by the Irish Government for the A5 road is being deferred and that in this regard the Irish Government will provide £25m per annum in 2015 and 2016 towards the project. It was also noted that the relevant departments will now prepare a new funding and implementation plan for the projects for agreement at the next NSMC Transport meeting with endorsement at the next NSMC Plenary meeting.

I cannot comment on the attitude of another minister and this question should be put directly to him. However, I have a very good relationship with the Minister for Regional Development of the Northern Ireland Executive, Danny Kennedy MLA, and co-operation is good.

Departmental Bodies

Michael McGrath

Question:

239 Deputy Michael McGrath asked the Minister for Transport, Tourism and Sport his views on the feasibility of merging the existing bodies with responsibilities for road, rail, maritime and air transport safety; the associated efficiency savings which may result; and if he will make a statement on the matter. [36835/11]

Michael McGrath

Question:

240 Deputy Michael McGrath asked the Minister for Transport, Tourism and Sport if consideration has been given to merging the Railway Procurement Agency and the National Roads Authority; the associated savings that would be realised; and if he will make a statement on the matter. [36837/11]

I propose to take Questions Nos. 239 and 240 together.

The Public Service Reform Plan published last Thursday 17th November sets out the State agencies that will be rationalised. These include the merger of the Railway Procurement Agency with the National Roads Authority and the merger of the Irish Aviation Authority with the Commission for Aviation Regulation by June 2012. There will also be a critical review by the same date of the establishment of a single transport safety body comprising of the Road Safety Authority, Railway Safety Commission and the Maritime Safety Authority. The potential savings arising from these mergers will be identified as detailed implementation plans are developed.

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