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Dáil Éireann debate -
Thursday, 26 Jan 2012

Vol. 753 No. 1

Written Answers

The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].
Questions Nos. 1 to 8, inclusive, answered orally.

Social Welfare Fraud

Nicky McFadden

Question:

9 Deputy Nicky McFadden asked the Minister for Social Protection the steps she will take to tackle the issue of the black economy, particularly those claiming social welfare payments while carrying out jobs without paying tax. [4322/12]

The prevention of fraud and abuse of the social welfare system is an integral part of the day-to-day work of the Department which processes in excess of 2 million claims each year and makes payments to some 1.4 million people every week. Social Welfare fraud is not a victimless crime. However, it is important to recognise that the vast majority of people are receiving the entitlement due to them.

In September 2011, I published my Department's new Fraud Initiative (2011-2013). Central to this initiative is a commitment to ensure a concerted and active policing of the hidden (or black) economy sector where there is a prevalence of social welfare fraud and tax non-compliance. Policing what is conventionally viewed as hidden economy activity is as much about ensuring a level playing field for compliant businesses and taxpayers as it is about combating social welfare fraud. A range of specific activities are being undertaken in the context of this plan including those outlined below.

In conjunction with other agencies and in particular with Revenue, the Department tackles the shadow economy by a combination of intelligence collation, assurance checks, data sharing and outdoor operations including inspections and direct investigations. My Department liaises bilaterally with Revenue through the High Level Group. One of the priorities of the group is to ensure ongoing collaboration and interaction between the organisations, including activities designed to combat social welfare fraud and tax non-compliance.

A series of high visibility site visits and employer inspections are systematically conducted by Departmental Investigators and Revenue Officials to detect incidences of social welfare fraud and tax evasion. These visits and inspections are undertaken in those sectors where the risk of fraud and tax non compliance is most prevalent.

In the context of self employed trades people who may be engaged in social welfare fraud it is worth noting that a number of high visibility operations are being jointly conducted by my Department's Special Investigation Unit and local authority environmental officers to identify environmental offences and simultaneously detect incidences of social welfare fraud. My Department participates on the Hidden Economy Monitoring Group with Revenue, employer and union representative bodies. This Group provides a formal structure to monitor developments, share experiences and make proposals for combating the hidden economy.

Social Welfare Code

Seán Crowe

Question:

10 Deputy Seán Crowe asked the Minister for Social Protection the number of persons who will suffer financial loss as a result of the budget 2012 cut providing that income from employment by the Health Service Executive as a home help will no longer be disregarded in assessment for certain social assistance payments; if her attention has been drawn to the fact that income from home help hours can be insecure and sporadic; and if she will reverse the budget cut. [4351/12]

As part of Budget 2012, the Government has decided that income from employment as a home help funded by the Health Service Executive (HSE) is to be assessed in means tests for social assistance schemes, in the same way as income from any other type of employment income. Up to the end of 2011 a home help employed by the HSE could earn up to approximately €29,000 per annum and still qualify for a full social welfare payment as none of this income was taken into account when calculating their means. This exemption had initially been introduced to encourage people to take up employment as a home help at a time when such employment was very low paid. This is no longer the case as the status and salary levels have been formalised since 2000. As the salary scale is now well ahead of the national minimum wage, there is no longer a basis for this special exemption.

I recognise that income from home help hours can be insecure and sporadic in many cases. People working as home helps will, of course, benefit from the standard earnings disregards in line with all other employees and if their home help income is low, the measure announced in the Budget has little or no impact on them:

One-Parent Family Payment: first €130 disregarded in full, amounts between €130 and €425 assessed at 50%

Jobseeker's Allowance: up to €60 per week disregarded in full and just 60% of the balance is assessed.

Similarly, a person on Jobseeker's Allowance whose partner is working as a home help, or a person working part-time as a home help and claiming Jobseeker's Allowance in respect of part of the week, will benefit from the standard Jobseeker's Allowance income disregards. In these cases, up to €60 per week is disregarded and just 60% of the balance is assessed.

Up to now, no account was taken of home help income when assessing means for certain social welfare payments. This measure will reduce the payments of approximately 2,000 recipients whose means assessments had previously excluded all of their earned income from home help. It advances the objective of treating all income in the same way for means testing purposes with no special arrangements depending on the type of employment. Given that background, I do not propose to withdraw the measure.

Sean Fleming

Question:

11 Deputy Sean Fleming asked the Minister for Social Protection the number of families that will be affected by the inclusion of carer’s allowance in calculating eligibility for the family income supplement; the estimated savings she anticipates from the measures; and if she will make a statement on the matter. [4380/12]

Brian Stanley

Question:

29 Deputy Brian Stanley asked the Minister for Social Protection the weekly financial impact on the affected households of her decision to include carer’s allowance in the assessment of income when calculating family income supplement; if she will reverse the decision considering the hardship it will undoubtedly cause; and if she will make a statement on the matter. [4342/12]

I propose to take Questions Nos. 11 and 29 together.

As part of Budget 2012, the Government decided that income from Carer's Allowance and Carer's Benefit is to be assessed in the means test for Family Income Supplement, from January 2012 for new applicants and upon renewal for existing claimants. The measure will be implemented over three years, with one third of the income from carer's allowance and carer's benefit payments assessed in 2012, two thirds in 2013 and full assessment in 2014.

Up to now, entitlement to FIS had been based on the level of a family's income including net income from employment and the value of any social welfare payments they might have, with the exception of carer's allowance and carer's benefit. For example, in the case of a lone parent in receipt of One-Parent Family Payment, the FIS means test has always taken full account of the value of the One-Parent Family Payment and treats it in the same way as income from employment. This measure will bring the treatment of Carer's Allowance and Carer's Benefit into line with the treatment of other social welfare payments in the FIS means test. The reform reduces a person's secondary payment, FIS, without affecting their primary payment, therefore targeting available scarce resources at those in most need.

The savings in 2012 from this measure will be less than €1m. and the number of recipients affected is approximately 500. The extent of the loss in any individual case depends on a number of factors, including the level of employment income which of course varies considerably from case to case. While the measure will affect a relatively small number of people, I recognise that this will mean a significant reduction in the level of FIS payable in some instances. However, the people concerned will still receive a higher level of FIS in 2012 and again in 2013 than people with the exact same level of other income where that other income includes a social welfare payment other than Carer's Allowance or Carer's Benefit.

Deputies will appreciate that it gives me no satisfaction to cut the level of payment to any household. However, given the scale of the fiscal crisis the Government inherited and given that spending on social protection accounts for nearly 40% of current Government expenditure, savings have to be found in the social welfare system. The Government has endeavoured insofar as it could to limit cuts in social welfare to households where there is some additional income over and above the basic social welfare payment. In this case, the measure will bring in a modest level of savings while at the same time bringing more equitable treatment of all income for social welfare purposes.

Barry Cowen

Question:

12 Deputy Barry Cowen asked the Minister for Social Protection if the pause on the disability allowance cuts announced in budget 2012 is permanent or open to future review; the impact the pause has had on her budget projections for 2012; if other schemes have been affected by the financial implications of the pause; and if she will make a statement on the matter. [4360/12]

Peadar Tóibín

Question:

21 Deputy Peadar Tóibín asked the Minister for Social Protection if she will offer a commitment that she will not re-table or proceed with the cuts she intended making to disability allowance announced in budget 2012 and on which she pressed pause. [4347/12]

I propose to take Questions Nos. 12 and 21 together.

Two measures will be considered by the Advisory Group: increasing the minimum age for new claimants from 16 to 18 years of age with a corresponding extension in the age of entitlement for domiciliary care allowance from 16 to 18 years of age, and introducing lower age-related payments for new disability allowance claimants aged from 18 to 24 years.

The review of the disability allowance scheme, published in November 2010, recommended increasing the qualifying age to 18 years. The review noted that the payment of disability allowance at age 16 carries with it the risk of creating a dependency on social welfare from a very young age. Similarly, the purpose of the proposal to align disability allowance rates for new claimants aged 18-24 with jobseeker allowance rates was to discourage the development of welfare dependence at an early age and to avoid the creation of disincentives to young people to taking up opportunities for education, training and employment.

I am conscious that these measures gave rise to concerns about the impact on families of people with disabilities, most notably in the case of families of children and young adults with profound disabilities and these very real concerns will be considered by the independent Advisory Group. It is envisaged that the review will be completed by September 2012 and, at that stage, together with my Government colleagues, I will reflect carefully on the findings of the Advisory Group. Other schemes are not affected by the withdrawal of the budget proposals.

Aengus Ó Snodaigh

Question:

13 Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if she conducted an assessment of the likely impact of the cuts made to child benefit on demand in the local economy; and if she will reverse the cuts. [4353/12]

Child benefit assists parents with the cost of raising children and it contributes towards alleviating child poverty. The estimated expenditure on child benefit for 2012 is just under €2 billion in respect of some 1.16 million children. The Government recognises that welfare expenditure plays a vital role in protecting the most vulnerable people in Irish society, as well as stabilising the economy at both a national and at a local level. Unfortunately, it has not been possible to exempt income support to families from the general budgetary strategy, given the level of adjustments required. The budgetary measures that directly affect child-related payments are designed to ensure that payments genuinely address the needs of families and balance the need to ensure some support for all families with greater additional support for families on low income.

The standardisation of child benefit rates over the next two years is an important component of introducing a more appropriate system of child income supports. While it is recognised that this measure will have implications for some families, the payments that provide additional support to families on low incomes, such as child-related increases on other social welfare payments and the family income supplement, remain unchanged.

While my Department conducts extensive analysis of the impacts of budgetary decisions in determining child benefit payment rates, the issue of effects on the local economy is not specifically taken into account as the scheme is national. The Department did undertake analysis using the ESRI developed SWITCH model, which was used to determine the likely impact on poverty outcomes. The financial impact of the change on various family types was also examined. Furthermore, a progress report on the issue of family and child income supports, which was received from the Advisory Group on Tax and Social Welfare, was also considered in the budgetary process.

The Advisory Group was established in June 2011 to consider a number of specific issues relating to the tax and social protection systems and to make cost-effective proposals for improving employment incentives and achieving better poverty outcomes, particularly child poverty outcomes. The Group is prioritising the issue of family and child income supports and I hope to revisit the broader structural reform agenda when I receive the Group's report on this issue.

Richard Boyd Barrett

Question:

14 Deputy Richard Boyd Barrett asked the Minister for Social Protection if she has assessed the impact cuts to rent allowance will have on property levels if landlords insist on passing this cut on to tenants; and if she will make a statement on the matter. [4476/12]

Richard Boyd Barrett

Question:

28 Deputy Richard Boyd Barrett asked the Minister for Social Protection the way she will ensure that the cuts to rent allowance will not be passed on to the tenant; the way she will ensure there will not be a crisis in accommodation for tenants who find themselves having to seek new accommodation because landlords will not accept the changes; and if she will make a statement on the matter. [4475/12]

Catherine Murphy

Question:

38 Deputy Catherine Murphy asked the Minister for Social Protection the exact methodology by which she calculates the appropriate maximum rent levels at which rent supplement may be awarded; if she has any plans to differentiate these rates to take into account a sub-county analysis in view of the large differences in average rents which exist within some counties; if she considers a county-level analysis to be an appropriate basic unit to base such a benefit upon; and if she will make a statement on the matter. [4331/12]

I propose to take Questions Nos. 14, 28 and 38 together.

Rent supplement provides short-term support to eligible people living in private rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. Since 2005, rent supplement expenditure has increased from €369 million to a provisional outturn of €503 million in 2011. The number of persons claiming the allowance increased from almost 60,200 persons in 2005 to over 96,800 as at end 2011, a 61% increase.

The focus of the rent limits review was to ensure that in the region of 40% of suitable private rented housing accommodation within each county or administrative area will be available to rent supplement tenants. Departmental staff administering rent supplement have the authority to set levels lower than those provided for in the regulations, in respect of sub-divisions of their functional areas, where this is appropriate. This allows for lower rent levels to apply in certain locations within counties reflecting local market conditions.

The new limits are in line with the most up to date market data available. The Department used publicly available data sources to ascertain both the market trends and the current asking prices for one, two and three bedroom properties throughout Ireland on a county by county basis. The Department also used data provided by the Private Residential Tenancies Board in respect of tenancies registered. The emphasis of the rent limit review was to ensure that value for money is achieved whilst at the same time ensuring that people on rent supplement are not priced out of the market for private rented accommodation. It is expected that the new limits will achieve €22m in savings this year.

The new maximum rent limits will not change the after accommodation costs income of persons receiving rent supplement. Rent supplement is subject to a means test which is normally calculated to ensure that, after payment of rent, an eligible person has income equal to the rate of basic supplementary welfare allowance appropriate to their family circumstances, less a minimum contribution, which each recipient is required to pay from his or her own resources. The impact of the change in the rent limits will be on the rents received and expected by landlords.

Social Welfare Benefits

Clare Daly

Question:

15 Deputy Clare Daly asked the Minister for Social Protection the number of extra civil and public servants who became entitled to claim family income supplement after the pension levy, the public service pay cuts and the universal social charge. [3780/12]

The Family Income Supplement (FIS) is designed to provide support for people with families who are on low earnings. This preserves the incentive for them to remain in employment in circumstances where they might only be marginally better off than if they were claiming other social welfare payments. The payment amount is based on a fixed proportion of the gap between the assessable income of the household (net of income taxes, PRSI Pension contribution and universal social charge) and prescribed FIS income thresholds.

Currently this fixed proportion is 60 per cent of the difference between the weekly income and the income threshold for the family size. As these thresholds are linked with the number of dependent children in a household, FIS provides an important policy instrument in reducing child poverty in working households as well as improving incentives to work. Total expenditure on FIS was some €204 million in 2011. At the end of December 2011 there were approximately 28,876 people in receipt of a weekly FIS payment of which 2,976(10%) were recorded as public servants. That number includes those working in the civil service and the wider public service.

The pension levy was introduced in March 2009; public service pay reductions were effective from January 2010 and the universal social charge (USC) was introduced with effect from January 2011. Both the pension levy and the USC are allowable as a deduction from gross earnings for the purposes of assessment of FIS. Figures for the recorded number of civil and public servants in receipt of FIS at each year end during the periods are given in Table 1. This group has remained at about 10%-11% of the total number of FIS recipients.

Table 1

Year Ending

Numbers on FISat end Dec

Civil & Public Servants on FIS at end Dec

% of FIS recipients who are Civil/Public Servants

2008

27,798

2,720

10%

2009

25,963

2,951

11%

2010

28,361

3,151

11%

2011

28,876

2,976

10%

Medical Certificates

Kevin Humphreys

Question:

16 Deputy Kevin Humphreys asked the Minister for Social Protection if she will detail the extent of any negotiations held with representative bodies of general practitioners and medical certifiers regarding the implementation of cost savings or cuts in the amount paid for the issuance of medical certificates for social welfare purposes; if she plans to seek further savings in the 2013 budget; and if she will make a statement on the matter. [4333/12]

Kevin Humphreys

Question:

35 Deputy Kevin Humphreys asked the Minister for Social Protection the amount she plans to save on the issuance of medical certificates for social welfare purposes in 2012; the exact extent of the cut in fees announced in budget 2012; the amount paid to a dentist and optician respectively for certificates; the amount paid to a medical certifier; her views that these fees are appropriate; and if she will make a statement on the matter. [4334/12]

I propose to take Questions Nos. 16 and 35 together.

My Department pays fees to medical certifiers, who are mainly general practitioners, for the completion and issue of medical certificates for illness benefit and the completion of medical reports for various social welfare schemes. The fees are paid for the provision of medical opinion which is furnished on an official certificate or report form. Fees of €8.25 are paid per standard certificate and €44.44 for a more detailed medical report. These fees are paid in addition to whatever fees are charged by doctors for the clinical examination and treatment of patients. However doctors should not charge these patients an additional fee for the issue of a certificate/report.

In 2011 my Department issued payments to 2,915 medical certifiers in respect of some 3.4 million certificates and 77,000 medical reports. The total cost amounted to €31.7 million. My Department does not pay dentists or opticians for certificates. Dentists and opticians are paid under the treatment benefit scheme for dental and optical services.

In line with the announcement in Budget 2012 that the costs of funding medical fees is to be reduced by 10%, the Department is finalising its proposals in this regard, which will then be communicated to the doctors on the Department's panel of medical certifiers. The changes will not be the subject of negotiation with the Irish Medical Organisation (IMO) as the Competition Authority has advised that it would be contrary to competition law to negotiate with representative bodies such as the IMO on the setting of fees for services provided by medical certifiers. However, as a matter of courtesy the Department will notify the IMO of any fee changes to be implemented in due course. The Department is reviewing its certification processes generally to establish if further savings can be effected.

Employment Support Services

Patrick Deering

Question:

17 Deputy Pat Deering asked the Minister for Social Protection her plans for the current batch of Tús workers when their existing one year contracts expire; if she will consider making these positions longer term, in view of the fact that this short-term contract is not of huge benefit to the Tús workers or their sponsors as much of this time is spent getting to know the people and the systems. [4358/12]

The purpose of Tús is the provision of quality short-term work for those who are unemployed for over a year. The aim is to break the cycle of unemployment and to improve a person's opportunities and readiness to return to the labour market. I consider the 12-month period on Tús to be adequate to meet the objectives of the initiative. Additionally, the rotation of work placements will ensure that as many unemployed people as possible are able to benefit from these short-term work opportunities. Tús is on course to engage 5,000 people when fully operational by late Spring. As with all programmes and initiatives, I propose to keep the operation of Tús under review to assess the effectiveness and efficiency of the initiative, including an evaluation of outcomes and learning opportunities. This review will allow for changes to be made to the initiative where these are considered necessary.

Anti-Poverty Strategy

Pádraig Mac Lochlainn

Question:

18 Deputy Pádraig Mac Lochlainn asked the Minister for Social Protection the reason she failed to conduct an analysis of the poverty and distributive impacts of the budget measures; if she will revise or reverse some of the cuts should the poverty impact assessment demonstrate a rise in poverty and inequality once she publishes same. [4346/12]

Pádraig Mac Lochlainn

Question:

33 Deputy Pádraig Mac Lochlainn asked the Minister for Social Protection if she undertook a fuel poverty impact assessment of the consequences of her decision to cut fuel allowance by €120 per annum; and if she will reverse this cut in view of the rise in fuel costs. [4352/12]

I propose to take Questions Nos. 18 and 33 together.

It is a requirement under the National Action Plan for Social Inclusion that Government Departments, local authorities and state agencies assess policies and programmes at design, implementation and review stages for their likely impact on poverty and on inequalities likely to lead to poverty, with a view to poverty reduction.

As part of the deliberative process for Budget 2012, my Department analysed, in so far as possible, the distributive and poverty impact of possible welfare changes, including the changes to the Fuel Allowance, prior to the finalisation of the Budget. Due to the requirements of the budgetary process, it is not possible to publish this material in advance of the Budget and the associated Dáil votes.

Deputies will appreciate that it gives me no satisfaction to cut Fuel Allowance or any other payment. However, given the scale of the fiscal crisis and because spending on social protection accounts for nearly 40% of current Government expenditure, savings have to be found in the social welfare system. In the welfare package presented in Budget 2012, I sought to minimise the impact of the necessary adjustments in my Department's welfare expenditure on groups vulnerable to poverty and social exclusion. The Government has endeavoured insofar as it could to limit cuts in social welfare to households where there is some additional income over and above the basic social welfare payment and in that regard, avoided any general reduction in primary weekly welfare payments.

My Department has prepared an analysis of the distributive and poverty impacts on families of the Budget 2012 tax and welfare package, in conjunction with the Department of Finance. This analysis is currently being finalised and will shortly be considered by the Cabinet Committee on Social Policy. I will arrange for the analysis to be published on the Department's website in March 2012, in line with the arrangements I put in place last year.

Social Welfare Code

Mary Lou McDonald

Question:

19 Deputy Mary Lou McDonald asked the Minister for Social Protection if as a consequence of budget 2012 recipients of deserted wife’s benefit will not be entitled to qualify for illness benefit should they become ill and unable to work even if they have made the required number of contributions to qualify for illness benefit; if she will review this decision; and if she will make a statement on the matter. [4343/12]

The social welfare system is primarily a contingency-based system, with entitlement based on defined contingencies, such as sickness, unemployment, old age and widowhood. While it can happen that a person may experience more than one contingency at the same time — for example, an unemployed person may become sick — a general principle applies whereby even if a person experiences more than one of the contingencies at any one time, he or she only receives one of those payments. This principle is common to social security systems across the world.

Existing legislation provided that regulations may be made to enable more than one of the payments to be paid concurrently and, where applied, it is usually in the context of short-term benefits. The Social Welfare Act 2011 provides for the discontinuation of the payment of half-rate jobseeker's benefit, illness benefit or incapacity supplement to persons in receipt of certain welfare payments, including deserted wife's benefit. The abolition of concurrent payments is confined to new applicants for jobseeker's benefit, illness benefit or incapacity supplement and will take effect from 1 February 2012.

Employment Support Services

Derek Keating

Question:

20 Deputy Derek Keating asked the Minister for Social Protection the number of persons who have taken up the internship programme that she introduced late last year; her views on the matter; if there is a need for a review and if it should be extended; and if she will make a statement on the matter. [4330/12]

JobBridge, the National Internship Scheme, came into operation on 1st July 2011. As of 19th January, a total of 4,138 internships have commenced. My Department has invited tenders for consultancy for the evaluation of JobBridge, the National Internship Scheme for the Department. Progression rates from JobBridge into employment will feature as part of this evaluation. My Department requires this Project to be undertaken to assess the design, delivery and impact of the JobBridge scheme on the unemployed. It should also assist the Department in making further policy decisions on the benefit of work placement programmes in the overall context of the Government's activation policy which is to engage with every unemployed individual to provide them with a pathway to employment and to prevent and reduce long term unemployment.

Question No. 21 answered with Question No. 12.

Civil Registration Service

Denis Naughten

Question:

22 Deputy Denis Naughten asked the Minister for Social Protection her plans to amend the Civil Registration Act 2004; and if she will make a statement on the matter. [4328/12]

The administration of the Civil Registration Service is statutorily a matter for the Registrar General. I have made enquiries with the Registrar General and he has informed me that the general review of the provisions of the Civil Registration Act 2004 was completed in 2011. There are a range of issues to be considered in relation to the scope and implementation of any proposed changes to the provisions of the Act and some of these issues have cross-departmental implications, which need to be considered also.

One of the main priorities of the review was to examine possible legislative solutions to the issue of marriages of convenience and consultations with other departments in relation to this and other issues are on-going. It is my intention to seek the approval of the Government to the drafting of the heads of a bill in the near future.

Community Employment Schemes

Dessie Ellis

Question:

23 Deputy Dessie Ellis asked the Minister for Social Protection her views on the concerns that abolishing concurrent payments will make participation in community employment unaffordable for many lone parents; and if she will reverse that cut. [4348/12]

Those persons currently engaged on a Community Employment (CE) programme and in receipt of One-parent Family Payment will retain their concurrent payments less the increase for the qualified child paid on CE, until they have either exhausted their eligibility to participate on the scheme, they leave the scheme voluntarily or if they are still present on the scheme at the final cut-off date for receipt of the concurrent payment in December 2014. The net reduction in combined income to a person currently on CE and in receipt of One-Parent Family Payment (OFP) is as follows:

Number of Children

Amount

1 child

€22.30 per week

2 children

€37.10 per week

3 children

€51.90 per week

4 children

€66.70 per week

5 children

€81.50 per week

6 children

€97.30 per week

The reason the difference is less than the basic €29.80 child dependant rate is due to the retained OFP being reassessed upwards due to less Community Employment (CE) income being means-assessed against it. The reduced €130 income disregard has also been taken into account in these calculations. New participants to CE will receive the equivalent of what they received on the original social welfare payment plus the €20 CE participation bonus, all paid under their CE allowances. Given the exigency of the current budgetary situation facing my Department, I cannot reinstate the budgets to 2011 levels.

Social Welfare Code

Éamon Ó Cuív

Question:

24 Deputy Éamon Ó Cuív asked the Minister for Social Protection the progress that has been made on the single working age payment process; if she anticipates reductions in social welfare assistance expenditure through the creation of the model; and if she will make a statement on the matter. [4374/12]

In November 2010, my Department published a "Report on the Desirability and Feasibility of introducing a Single Payment for People of Working Age". The report concluded that it was both desirable and feasible to move to a single payment over time. There is a commitment contained in the agreedEU/ECB/IMF Programme of Financial Support, that Ireland will present a comprehensive programme of reforms for the social welfare system to the Troika by the end of quarter 1 2012. This programme of reforms is expected to contain an implementation plan for the introduction of the single payment.

In July 2011, my Department held a consultation seminar with relevant stakeholders. The aim of this seminar was to provide stakeholders with an overview of the Department's report on the single payment and to give them an opportunity to contribute towards the future policy direction of the single payment An internal working group within the Department of Social Protection has been established and has commenced work on designing the single payment. My Department will also engage with other Departments in relation to the provision of the necessary supports and services to assist recipients of a single payment to progress into employment. Following the work of these groups, a report will be prepared for the Minister. No decisions have been made on the structure of the single payment; those will be matters for Government in due course.

Social Welfare Benefits

Bernard J. Durkan

Question:

25 Deputy Bernard J. Durkan asked the Minister for Social Protection the total number of applications for domiciliary care allowance in each of the past three years to date in 2012; the number approved in each year; the number rejected; the main reasons given for refusal; the total number of applications for invalidity pension or disability allowance in the same period; the numbers approved and rejected; the most common reason for rejection; and if she will make a statement on the matter. [4420/12]

The Department has been accepting new claims for domiciliary care allowance (DCA) since the 1st April 2009. Statistics relating to the allowance for the period prior to April 2009 are a matter for the HSE, the previous administrators of the scheme. The number of applicants for DCA that were received, awarded and refused in each year from April 2009 to 2011 is set out in table 1.

Table 1 — Domiciliary Care Allowance applications — 2009 to 2011

Applications received

Applications fully processed in year

Applications allowed incl. on review*

Applications disallowed

2009 (from 1st April)

3,389

2,823

1,220

1,603

2010

5,457

5,333

2,576

2,757

2011

5,525

5,396

2,502

2,894

*Includes cases initially disallowed but allowed on review following receipt of additional information.

The main reason that a customer does not qualify for DCA is that the child does not satisfy the medical criteria for the allowance. In order to qualify for the allowance a child must have a disability so severe that it requires the child needing care and attention and/or supervision substantially in excess of another child of the same age. This care and attention must be given by another person, effectively full-time so that the child can deal with the activities of daily living. The child must be likely to require this level of care and attention for at least 12 months.

The number of applicants for Disability Allowance that were received, awarded and refused in each year from 2009 to 2011 is set out in table 2.

Table 2 — Disability Allowance applications — 2009 to 2011

Disability Allowance

Year

Applications received

Applications allowed

Applications disallowed

2009

20,794

10,179

9,677

2010

21,409

8,306

10,316

2011

24,264

9,246

14,116

The most common reason that a customer does not qualify for disability allowance is that they do not satisfy the qualifying medical criteria. In order to qualify for disability allowance, a person must have an injury, disease, illness or physical or mental handicap that has continued or may be expected to continue for at least one year and causes him/her to be "substantially restricted" in doing work that would otherwise be suitable for a person of his/her age, experience and qualification.

The number of applicants for Invalidity Pension that were received, awarded and refused in each year from 2009 to 2011 is set out in table 3.

Table 3 — Invalidity Pension applications — 2009 to 2011

Claims Received

Claims Cleared

Claims Awarded

Claims Disallowed

Claims Pending @ Year end

2009

7,475

8,364

5,431

2,933

1,541

2010

8,774

7,614

3,597

4,017

2,701

2011

14,621

10,508

*1,742

*4,327

6,814

1. The figure shown for claims awarded and disallowed in 2011 refers to those dealt with from June-December 2011 only.

2. A breakdown of decisions awarded and disallowed is not available for the period January to end May 2011 as a dual system was in operation prior to migration of all Invalidity Pension Claims to the new computer platform.

3. Figures for January 2011 will not be available until the end of January.

The most common reason for rejection of Invalidity Pension claims is that the customer does not satisfy the medical conditions. A person must be regarded as permanently incapable of work which is defined as: — Incapacity for work of such a nature that the likelihood is that the claimant will be incapable of work for life or an incapacity which has existed for 12 months prior to the date of claim, and where the Deciding Officer is satisfied that the claimant is likely to be unable for work for 1 year from the date of claim.

Community Employment Schemes

Luke 'Ming' Flanagan

Question:

26 Deputy Luke ‘Ming’ Flanagan asked the Minister for Social Protection if she is sincere in saying that budget 2012 protects the most vulnerable in our society when the cuts in the materials grant to the community employment scheme will imperil those schemes and those who depend on them for some income and as a way to engage with society. [4325/12]

Community Employment schemes provide a very important and valued contribution to social employment, training and progression for unemployed people. Furthermore, many Community Employment schemes provide vital community services right across the country. There are currently 1,143 CE schemes in operation nationally with 23,300 participants. I have protected the number of places on CE so that the most vulnerable in our society can continue to avail of Community Employment and provide valued services to their communities. There are no reductions in the number of CE places for 2012.

Following on from changes to the materials grant for Community Employment schemes announced in Budget 2012, I have directed that a review of the financial resources of all schemes take place. This is now being undertaken and will be completed in March 2012. It is also being carried out in the context that there are community and voluntary sponsoring organisations that receive funding from a multiplicity of state agencies. Alternative sources of support will be examined, particularly with reference to funding from other state agencies to avoid duplication. The review will also seek to establish if income is generated by scheme activity and the potential for utilisation of these funds to cover project costs.

The outcomes of this review will provide a clear picture of the core funding required for each scheme. This will assist my Department in ensuring a fair distribution of the funding available for these schemes. I have given assurances to community and voluntary organisations that no Community Employment Scheme will close pending the completion of this review.

Thomas P. Broughan

Question:

27 Deputy Thomas P. Broughan asked the Minister for Social Protection if she will reverse the cut of €1,500 down to €500 for the training and materials grant for the community employment scheme in view of the huge extra burden that this will place on local employment creation and community service organisations; and if she will make a statement on the matter. [4324/12]

Thomas P. Broughan

Question:

47 Deputy Thomas P. Broughan asked the Minister for Social Protection if she will reverse the cut of €1,500 down to €500 for the training and materials grant for the community employment schemes in view of the extra burden this will place on local employment creation and community service organisations; and if she will make a statement on the matter. [3950/12]

I propose to take Questions Nos. 27 and 47 together.

Community Employment schemes provide a very important and valued contribution to social employment, training and progression for unemployed people. Furthermore, many Community Employment schemes provide vital community services right across the country. There are currently 1,143 CE schemes in operation nationally with 23,300 participants. I have protected the number of places on CE so that the most vulnerable in our society can continue to avail of Community Employment and provide value services to their communities. There are no reductions in the number of CE places for 2012.

Following on from changes to the materials grant for Community Employment schemes announced in Budget 2012, I have directed that a review of the financial resources of all schemes take place. This is now being undertaken and will be completed in March 2012. It is also being carried out in the context that there are community and voluntary sponsoring organisations that receive funding from a multiplicity of state agencies. Alternative sources of support will be examined, particularly with reference to funding from other state agencies to avoid duplication. The review will also seek to establish if income is generated by scheme activity and the potential for utilisation of these funds to cover project costs.

The outcomes of this review will provide a clear picture of the core funding required for each scheme. This will assist my Department in ensuring a fair distribution of the funding available for these schemes. I have given assurances to community and voluntary organisations that no Community Employment Scheme will close pending the completion of this review.

Question No. 28 answered with Question No. 14.
Question No. 29 answered with Question No. 11.

Social Welfare Benefits

Peadar Tóibín

Question:

30 Deputy Peadar Tóibín asked the Minister for Social Protection if her attention has been drawn to the fact that a significant number of landlords across the State demand a top-up payment from their tenants receiving rent supplement; her views that this requires a policy level response; and the steps she will take. [4345/12]

Robert Dowds

Question:

113 Deputy Robert Dowds asked the Minister for Social Protection her views that the recent reductions in rent supplement may lead to landlords seeking more rent directly from the tenant; if tenants have any recourse if this occurs; and if she will make a statement on the matter. [4596/12]

I propose to take Questions Nos. 30 and 113 together.

There are currently almost 96,000 individuals in receipt of a rent supplement payment at a cost of some €500million to the State in 2011. Rent supplement is calculated to ensure that the person, after payment of rent, has an income equal to the basic supplementary welfare allowance rate, less a specified weekly minimum contribution which recipients are required to pay from their own resources.

The type of payments to which the Deputy refers are known as "top up" payments and fall into two specific categories. Where persons have an additional income from employment above the rate of supplementary welfare allowance they are, in certain circumstances, allowed to top up their rent as they will still have sufficient income to meet their basic needs after paying their rent. The second type of top up payment can occur where the application to the Department declares a rent lower than that actually being charged by the landlord. Any instance of false declarations should be reported to the relevant Department officials who have specific legislative powers to deal with such matters.

Employment Support Services

Pearse Doherty

Question:

31 Deputy Pearse Doherty asked the Minister for Social Protection her views that the six month transitional one parent family payment was a valuable activation support making work pay; and if she will reverse her decision to abolish same. [4350/12]

The transitional payment was introduced to assist recipients of the one-parent family payment (OFP) in their transition to employment. Until 31 December, 2011, recipients of the OFP for 52 consecutive weeks, whose income exceeded the scheme's €425 weekly earnings disregard limit, were entitled to the transitional payment, which was paid at half of the rate of their OFP, for a period of 26 weeks, after which payment would cease completely.

From 1 January 2012, the transitional payment will no longer be awarded to new and existing OFP recipients. Their entitlement to the OFP payment will automatically end if their earnings exceed the €425 weekly earnings disregard limit. The approximately 225 existing recipients of the transitional payment are not affected by this reform and will continue to receive the payment for the balance of six months.

The current transitional payment was introduced in 2005 when the weekly earnings disregard limit for the receipt of the OFP payment was €293. This has been increased substantially since then, so that an OFP recipient with earnings of up to €425 per week can still receive a significant rate of OFP. It is in this context, and in light of the current requirement for reductions in social welfare expenditure, that the decision to abolish the transitional payment has been made. There are no plans to reverse this decision.

Social Welfare Code

Caoimhghín Ó Caoláin

Question:

32 Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection her views on the Forfás and National Competitiveness Council recommendation that housing benefits should depend on income rather than employment status and should be retained for a period as in in-work benefit. [4340/12]

Brian Stanley

Question:

36 Deputy Brian Stanley asked the Minister for Social Protection the position regarding discussions between her and the Department of the Environment, Community and Local Government regarding making greater use of RAS. [4341/12]

I propose to take Questions Nos. 32 and 36 together.

There are currently almost 96,000 individuals in receipt of a rent supplement payment at a cost of some €500million to the State in 2011. Two main initiatives are currently being pursued by the Department to transfer long-term rent supplement recipients to housing solutions supported by local authorities. These are the rental accommodation scheme (RAS) and the new housing policy initiative launched in June 2011.

The RAS, which was introduced in 2004, gives local authorities specific responsibility for meeting the longer-term housing needs of people who receive rent supplement for 18 months or more. Local authorities meet the housing needs of these individuals through a range of approaches, including the traditional range of social housing options, the voluntary housing sector and, in particular, the RAS.

Latest figures (end December 2011) from the Department of the Environment, Community and Local Government indicate that, to date, local authorities have transferred a total of 37,759 households from rent supplement (RS). Of these 21,892 were housed directly under RAS and a further 15,867 were accommodated under other social housing options. In June 2011, the Minister for the Environment, Community and Local Government and the Minister of State with responsibility for housing published a new housing policy framework statement. The object, in terms of reform, is the transfer of the rent supplement scheme to local authorities. A multi-agency steering group chaired by the Department of the Environment, Community and Local Government with representatives from the Departments of Social Protection; Public Expenditure and Reform; the County and City Managers Association, and the Housing Agency is considering the implementation of this transfer.

These two initiatives will help achieve a key Government commitment of removing barriers to employment, while at the same time returning rent supplement to its original purpose, that of a short-term income support payment for those who are temporarily unemployed. The initiatives will also address the recommendation contained in the report referred to by the Deputy "Ireland's Competitiveness Challenge 2011" that is "housing related entitlements are transferred out of the social welfare system, and into a separate dedicated housing stream where entitlement would depend on income levels rather than employment status i.e. decoupling housing support from social welfare payments".

Question No. 33 answered with Question No. 18.

Redundancy Payments

Pearse Doherty

Question:

34 Deputy Pearse Doherty asked the Minister for Social Protection the reason she failed to conduct an assessment of the impact of her budgetary measure cutting the redundancy rebate from 60% to 15% on companies; and the reason she did not direct her Department to explore whether the measure could be linked in some way to the size of the firm, its profitability or capacity to absorb the cut. [4355/12]

There is little doubt that the recent reduction in the redundancy rebate to employers will have an impact on companies. However, a reduction in the size of the redundancy rebate would not necessarily reduce the size of redundancy payments made to workers. Many employers are anxious to ensure that their former employees are adequately compensated in the event of redundancy and pay their former employees in excess of the statutory minimum requirement. Redundancy payment practices in this country have been out of step with arrangements in other jurisdictions. For example:

In Sweden there is no statutory system of redundancy payments from the employers;

In Spain the employer cannot claim back any amount from the State;

In the Netherlands there is no rebate to employers;

In Cyprus the employers are obliged to pay a monthly contribution of 1.2% on the earnings of their employees to the Redundancy Fund so as to cover redundancy;

In Slovakia the employer cannot claim any part of the cost back from State;

In Finland there is no statutory redundancy;

In the UK the redundancy payment is funded by the employer and there is no recovery from the State.

The total amount paid out in redundancy rebates to employers alone was €152.2 million in 2006; €167.4 million in 2007; €161.8 million in 2008; €247.9 million in 2009; €373.2 million in 2010 and €185.3 million so far in 2011. The amounts paid out in lump sums to employees have also increased. While redundancy rebates to employers are paid out of the Social Insurance Fund (SIF), the SIF itself has had to be supported by taxpayers' funds in recent years. The current operating balance of the SIF moved into deficit in 2008 when expenditure exceeded income by €231million.

Significant annual savings can be expected as a result of this measure to reduce the rebate. The measure was not linked to the characteristics of a firm as I do not wish to discriminate against any company operating in the Irish economy. It should be noted that there has been a high cost associated with the relocation of Irish jobs to other countries by multinationals. This practice has effectively been subsidised by the high level of rebates.

Question No. 35 answered with Question No. 16.
Question No. 36 answered with Question No. 32.

Social Welfare Code

Dessie Ellis

Question:

37 Deputy Dessie Ellis asked the Minister for Social Protection her views that her decision to reduce the earnings disregarded for lone parents will have the effect of reinforcing unemployment traps and will distance more lone parents from the work force; and if she will reverse the cut. [4349/12]

As part of Budget 2012, the Government decided that the amount of earnings disregarded for the purposes of the One Parent Family Payment (OFP) means test would be reduced from €146.50 to €130.00 per week in 2012 for new and existing recipients. Further reductions will be introduced over the following four years. Evidence suggests that the earnings disregard has been successful in encouraging people to enter employment. However, it may also have had the effect of trapping lone parents in low-paid part-time employment in order to keep their earnings below the disregard. The result is that, despite the fact that many lone parents are in employment, relatively small numbers are moving off the OFP scheme because their earnings exceed the upper limit.

Social assistance provision to people of working age was the subject of a review carried out by the Department and published in November 2010. The review considered the desirability and feasibility of introducing a single social assistance payment for people of working age. This approach would end the use of various contingencies in social assistance — for example, lone parenthood, unemployed status and disability. It would focus instead on the person and on their individual capacities and outcomes rather than on the payment type that they are in. The rationale for such a payment is that people are given or directed to the supports or services that they need in order to return to or take up employment, training or educational opportunities, matched by a requirement that they avail of that support.

The reduction in the OFP disregards facilitates the proposed single social assistance payment for people of working age. It is a necessary reform and I have no plans to revise or reverse it.

Question No. 38 answered with Question No. 14.

Derek Keating

Question:

39 Deputy Derek Keating asked the Minister for Social Protection if she will outline the various exemptions from the universal social charge; if the universal social charge is deducted from those employed in community employment schemes and FÁS training courses; and if she will make a statement on the matter. [4329/12]

Payments made to participants on a Community Employment (CE) Scheme and the Job Initiative (JI) Scheme are social-welfare-like payments and are therefore exempt from the Universal Social Charge (USC). Revenue has instructed CE and JI Scheme employers that USC does not apply to these exempt payments. If a participant on a CE scheme is also employed outside of the CE scheme in a part-time capacity and earns in excess of €10,036 per annum, he/she would pay USC on this second employment. If the earnings are below the above threshold, the employment earnings in the non-CE job would be USC-exempt. FÁS training course allowances are also considered exempt for USC purposes, with the exception of Apprenticeship payments.

Community Employment Schemes

Mary Lou McDonald

Question:

40 Deputy Mary Lou McDonald asked the Minister for Social Protection the number of children that will lose €29.80 each week as a consequence of her decision to cut qualified child increases paid to one parent family payment claimants participating in community employment and if she will reverse this cut in view of the negative impact it will have on child poverty amongst this group. [4344/12]

The net reduction in combined income to a person currently on CE and in receipt of One-Parent Family Payment (OFP) is as follows:

Number of Children

Amount

1 child

€22.30 per week

2 children

€37.10 per week

3 children

€51.90 per week

4 children

€66.70 per week

5 children

€81.50 per week

6 children

€97.30 per week

The reason the difference is less than the basic €29.80 child dependant rate is due to the retained OFP being reassessed upwards due to less Community Employment (CE) income being means-assessed against it. The reduced €130 income disregard has also been taken into account in these calculations. The above only applies to current CE participants in receipt of OFP.

The number of children affected by the changes is 8,042 in total for OFP recipients. New participants on CE will receive the CE equivalent of their current OFP rate plus the €20 CE participation bonus, in line with the Social Welfare Act, 2011. Given the exigency of the current budgetary situation facing my Department, I cannot reinstate the budgets to 2011 levels.

Question No. 41 answered with Question No. 8.

Caoimhghín Ó Caoláin

Question:

42 Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection the reason she did not conduct a review of community employment schemes prior to her decision to cut the training and materials budgets by two thirds; and if she will reinstate the budgets at 2011 levels. [4339/12]

Under the Comprehensive Review of Expenditure in 2011 undertaken by my Department last year, the effectiveness and value for money of spending programmes was reviewed. The option to reduce the training and materials grants was included in this review. Following on from these changes, I have directed that a review of the financial resources of each individual scheme take place. This will be completed by in March 2012. The review is also being carried out in the context that there are community and voluntary sponsoring organisations that receive funding from a multiplicity of state agencies and it may be possible to achieve savings. The review will also seek to establish if income is generated by scheme activity and the potential for utilisation of these funds to cover project costs.

The outcomes of this review will provide a clear picture of the core funding required for each scheme. This will assist my Department in ensuring a fair distribution of the funding available for these schemes. I have given assurances to community and voluntary organisations that no Community Employment Scheme will close pending the completion of this review. Given the exigency of the current budgetary situation facing my Department, I cannot reinstate the budgets to 2011 levels.

Social Welfare Code

Luke 'Ming' Flanagan

Question:

43 Deputy Luke ‘Ming’ Flanagan asked the Minister for Social Protection if she will consider removing compensation awarded for damages from means assessment; if she will look into the case of a person (details supplied) who has been severely disabled from birth and who had damages awarded to them, for their future medical care and special needs care, assessed as means thus depriving them of their disability benefit, and so leaving their carer to provide for both their everyday expenses and their special medical expenses to be met from the compensation awarded for their disability; and if she will make a statement on the matter. [4326/12]

The person concerned was awarded disability allowance with effect from 14/07/1993. Following a review of his claim he was disallowed disability allowance with effect from 21/07/2011 as his means, derived from compensation he received, exceeded the limit for receipt of the allowance. The person appealed this decision and I understand from the Social Welfare Appeals Office that his case has been put down for oral hearing and will be heard within the next month.

In relation to the underlying policy issue, removing compensation awarded for damages from means assessment could give rise to anomalies. If, as is the case in most instances, compensation is awarded at least in part to replace lost income, it raises the question as to why the social welfare system would also provide income maintenance. Furthermore, it would be problematic to treat two otherwise similar individuals or families differently from one another simply because of the source of their capital or income. In any event, such a policy change would have to be considered in a budgetary context, given the additional costs that would arise.

Employment Support Services

Denis Naughten

Question:

44 Deputy Denis Naughten asked the Minister for Social Protection if she will review the criteria which debars one parent family recipients from availing of the JobBridge scheme in view of the fact that many work placement positions are now being made available to the unemployed through the JobBridge scheme; and if she will make a statement on the matter. [4327/12]

The National Internship Scheme provides internship opportunities of either 6 or 9 months for unemployed individuals on the Live Register, in organisations in the private, public and community voluntary sectors. The scheme is limited to individuals who are currently on the Live Register and have been in receipt of Jobseekers Allowance/Benefit or are signing on for credits for at least 3 of the last 6 months. The eligibility to access the National Internship Scheme is based on the overall objective of labour market policy in ensuring a pathway to appropriate employment, training and education opportunities for those on the Live Register. It is important that as employment opportunities become available they are taken up by those on the Live Register. The structure for achieving this objective is through a reinvigorated National Employment Action Plan (NEAP) which currently provides the framework for engaging with the unemployed.

Given the scale of the unemployment crisis, the key objective of labour market policy and of the NEAP will be to keep those on the Live Register close to the Labour Market and prevent the drift into long-term unemployment. This will ensure that Live Register members availing of activation measures such as the National Internship Scheme will, while retaining social welfare unemployment payments and a top up allowance of €50, get an opportunity to engage in the workplace, get work experience and so be in a position to avail of employment opportunities as the economy improves.

For these reasons, it has been proposed as a matter of public policy that eligibility for the scheme be confined to those on the Live Register and in receipt of unemployment payments or signing for credits for 3 of the last 6 months. As such, the policy objective is to prioritise scarce resources on those on the Live Register so as to increase their chances of leaving it thereby ensuring a reduction in Exchequer costs over time.

My Department continues to monitor and review the operation of the JobBridge scheme including its eligibility criteria on an ongoing basis. The extension of JobBridge to those in receipt of One Parent Family Payments forms part of this broader review process. Individuals in receipt of a One Parent Family Payment may access a wide range of activation supports including the Work Placement Programme, which is designed to provide participants with valuable work experience, thereby improving their prospects of securing employment.

Social Welfare Appeals

Catherine Murphy

Question:

45 Deputy Catherine Murphy asked the Minister for Social Protection the average number of weeks it is currently taking to register a social welfare appeal; the average time it is taking to allocate an appeal to an inspector; the average time it is taking to decide the appeal; the average time it is taking to decide the appeal in cases in which there is an oral hearing; and if she will make a statement on the matter. [4332/12]

I am informed by the Social Welfare Appeals Office that figures are not available as to the average time taken to register an appeal, such time being subject to the numbers of appeals to the Office at any given time. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. In that regard, the average length of time for this process in 2011 was 13.7 weeks.

On their return to the Social Welfare Appeals Office, files are prepared for vetting before being assigned to an Appeals Officer who will either decide the case summarily or schedule it for an oral hearing. While there are no figures for the average time it takes to allocate a file to an Appeals Officer, the average time for the finalisation of an appeal following the return of a file from the Department in 2011 was 11.4 weeks in the case of summary decisions and 38.8 weeks following oral hearings.

In an effort to reduce the processing times, the Department appointed 9 additional Appeals Officers during 2011 that augmented the 3 appointments made to the Office in 2010. In addition, a further 10 Appeals Officers, formerly employed by the Community Welfare Services (CWS) of the Health Services Executive joined the Office as part of the integration of the CWS appeals services into the Social Welfare Appeals Office. This brings the total number of Appeals Officers to 39.

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

Social Welfare Benefits

Bernard J. Durkan

Question:

46 Deputy Bernard J. Durkan asked the Minister for Social Protection the total number of requests for mortgage interest relief, rent support or other supplementary welfare payment made in each of the past three years to date in 2012; the number approved, rejected, refused or pending during the same period; and if she will make a statement on the matter. [4421/12]

Bernard J. Durkan

Question:

121 Deputy Bernard J. Durkan asked the Minister for Social Protection the total number of applications for rent support received in her Department or through the Health Service Executive in each of the past two years to date in 2012; the number approved, refused or pending; the average length of time taken to process applications; and if she will make a statement on the matter. [4687/12]

Bernard J. Durkan

Question:

124 Deputy Bernard J. Durkan asked the Minister for Social Protection the number of applications received in her Department or through the Health Service Executive for mortgage interest support in each to the past two years to date in 2012; the number granted, refused or pending; the average length of time taken to determine such cases; and if she will make a statement on the matter. [4690/12]

I propose to take Questions Nos. 46, 121 and 124 together.

Statistics are not available on the average length of time taken to assess mortgage interest supplement or other supplementary welfare allowance applications. The timescale for determining applications is dependent, among other things, on the availability of the required information, such as details of the applicant's income, bank statements etc. In addition, some aspects of the application are inevitably time consuming and delays can occur where investigations such as home visits or third party evidence are required. Delays can also arise if the applicant is slow to respond to requests for additional information.

The provision of a prompt service is a major objective for the Department's staff dealing with applications. However, this is tempered by the necessity to ensure that every case is fully investigated and that all cases are dealt with in a consistent and fair manner. While certain applications may take more time to process than others, I am satisfied that the Department's staff dealing with these applications make every effort to ensure claims are processed efficiently and that the appropriate levels of oversight and controls are in place.

Statistics are not available on the number of mortgage interest supplement, rent supplement and basic supplementary welfare allowance applications received for the past 3 years and to date in 2012 or the outcome of those applications. However, I am attaching a tabular statement showing the number of basic supplementary welfare allowance, rent supplement and mortgage interest supplement claims awarded in each of the past 3 years and to date in 2012.

Details of claims awarded in 2009 to 2012

Year

Basic Supplementary Welfare Allowance

Rent Supplement

Mortgage Interest Supplement

2009

143,719

87,802

13,724

2010

12,365

71,674

11,321

2011

95,227

63,878

10,106

2012(1)

4,673

2,408

356

(1)To 20 January 2012

Question No. 47 answered with Question No. 27.

Enterprise Support Services

Gerry Adams

Question:

48 Deputy Gerry Adams asked the Minister for Social Protection if she will detail the actions that she is taking to ensure that the long-term unemployed can develop small businesses and enterprises. [4122/12]

Two schemes are available to assist people on certain social welfare payments who wish to become self-employed; namely the short term enterprise allowance (STEA) and the back to work enterprise allowance (BTWEA). The STEA provides immediate access to support where people who have lost their jobs and qualify for jobseeker's benefit wish to set up a business. Payment under the scheme is at the same rate and duration as their entitlement to jobseeker's benefit. There were 1,294 people availing of this scheme on the 31st December 2011.

The BTWEA is designed to provide a monetary incentive for people who are dependent on social welfare payments to develop a business while allowing them to retain a reducing proportion of their qualifying social welfare payment, plus secondary benefits, over two years; 100% in year 1 and 75% in year 2. In the case of jobseekers, the qualifying period required for access to BTWEA is 12 months, provided a person has an underlying entitlement to jobseeker's allowance. At the end of 2011, there were 10,751 participants on this scheme.

Under both schemes, the proposed business must be approved as viable and sustainable by an Integrated Development Company (Partnership) or a Department facilitator. Further support is provided to people who qualify for STEA or BTWEA through the technical assistance and training scheme (TATS), under which a participant may qualify for a grant up to a maximum of €1,000 towards certain business start-up expenses. These include training and the purchase of small items of equipment. TATS are administered through the facilitator network based in social welfare local offices which also provides information and support services to people considering starting their own business. Details of all available schemes are available on www.welfare.

Employment Support Services

Gerry Adams

Question:

49 Deputy Gerry Adams asked the Minister for Social Protection if she will detail the actions that she is taking to address the regional disparities in unemployment. [4126/12]

The Government has taken a number of actions with respect to tackling unemployment, including those announced recently in the Budget. The key challenges facing the Government are:

to create and maintain the conditions where employment can thrive.

providing incentives for job creation through the tax system and the supports available to new enterprises and those going through restructuring.

removing obstacles, red tape and other disincentives on employers to take on new workers, including those arising in the social welfare system.

Following the transfer of the community welfare scheme and the employment and community services element of FÁS in recent months, significant work is being undertaken on the development of better systems and approach to enhancing the activation and work placement opportunities at local level. These will ensure that there is a more proactive engagement with people on the Live Register to provide opportunities for work, education and training. Over the coming months my Department will be able to engage on a more regular basis with those on the Live Register and offer more targeted activation options and opportunities. Allied to this will be a need for a more in-depth engagement at local level with employers and other agencies which can offer jobs, training and educational opportunities.

I intend to build on the implementation of Tús — the community work placement initiative and JobBridge — the national internship programme, which I introduced during 2011. Together, these initiatives are engaging some 6,000 people today. The Deputy may wish to note the distribution of placements on community employment and Tús is based on the regional incidence of unemployment. My Department is also currently undertaking a review of the effectiveness of a range of activation measures. The outcome of this review will be used to determine future policy initiatives and will assist the targeting of resources.

EU Treaties

Gerry Adams

Question:

50 Deputy Gerry Adams asked the Tánaiste and Minister for Foreign Affairs and Trade if he has been in contact with EU partners in relation to whether Ireland will need to have a referendum on the EU fiscal compact. [3721/12]

Gerry Adams

Question:

51 Deputy Gerry Adams asked the Tánaiste and Minister for Foreign Affairs and Trade his plans to bring forward legislation to allow for the holding of a referendum on the new EU fiscal compact. [3722/12]

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

Work is progressing rapidly on the Intergovernmental Treaty to give effect to the political agreement reached in December on a new "Fiscal Compact". The Government has been working intensively, at the negotiating table, in Brussels, and in capitals, to make sure that our key points are understood and addressed appropriately. To that end we have offered our views both orally and in writing, including on the detailed elements of the text. Senior Irish officials have been very active in meeting their counterparts, and we have sought to secure the support of all potential allies on issues of importance to us. We will continue to do this as the process evolves.

At the meeting of the Foreign Affairs Council in Brussels on 23 January, I met with my counterparts from Austria, Portugal, Luxembourg, Finland and the Netherlands to explain and seek support for Irish positions on the new Treaty. In all of my discussions I have made it clear that once a final text is available the Government will seek the formal view of the Attorney General on what will be required to allow Ireland to ratify the Treaty. Only then will we know if a referendum will be required.

The test will be whether the proposed Treaty is compatible with the Constitution. As the Government has confirmed previously, the Attorney General will study the legal implications carefully, and will advise on what steps will be necessary to enable Ireland to ratify. Until then it is simply not possible to be definitive. The Government has made it clear previously, if a referendum is required, one will be held. The Oireachtas will be fully involved in the ratification process, as appropriate, including in the preparation of any relevant legislation.

Emigrant Support Services

Brendan Griffin

Question:

52 Deputy Brendan Griffin asked the Tánaiste and Minister for Foreign Affairs and Trade if he will make every effort to advance the prospects of US Senator Schumer’s Bill to the United States Senate that would annually allow up to 10,000 Irish citizens to obtain American work visas; and if he will make a statement on the matter. [4633/12]

Brendan Griffin

Question:

53 Deputy Brendan Griffin asked the Tánaiste and Minister for Foreign Affairs and Trade the efforts he is making to advance the prospects of undocumented Irish citizens living and working in the United States; if this is high on his agenda; and if he will make a statement on the matter. [4634/12]

I propose to take Questions Nos. 52 and 53 together.

Addressing the situation of the undocumented Irish and reforming our migration arrangements with the United States remain important priorities for the Government in its relationship with the US Administration and Congress. The Taoiseach and I discussed these issues with President Obama when we met with him on 23 May last year in Dublin.

During the course of 2011, I also discussed the issue of Irish immigration with Secretary of State Clinton and Senator Patrick Leahy, Chair of the Senate Judiciary committee. I also met with the Irish Lobby for Immigration Reform and the Coalition of Irish Centres in New York. The Government has provided almost $365,000 to support that organisation since 2006.

A particular focus of the Government's efforts has been on the achievement of E-3 visas for Ireland. These E-3s are non-immigrant worker visas, renewable every two years and are currently available to Australian citizens. Provisions which would allow Irish nationals to apply for E-3 visas were amongst those included in the comprehensive immigration reform Bill as introduced in the US Senate last June by senior Democrats, including Senators Harry Reid, Charles Schumer and Robert Menendez. This Bill would also have helped to resolve the position of the undocumented, including the Irish. Unfortunately, and not least due to the current US domestic political climate and the Presidential elections taking place there later this year, to date that Bill has not yet received the additional bi-partisan support which it would require to make further progress.

Another significant development occurred at the end of November when draft legislation entitled the "Fairness for High-Skilled Immigrants Act" (Bill No. HR 3012) emerged from the House of Representatives. Although the political climate for any immigration reform measures remains challenging, the broad bi-partisan support which this draft legislation secured suggested that there might be scope to make progress on Irish E-3s.

In early December, Senators Schumer, Leahy and Durbin, all of whom hold leadership positions on the Democratic side of the Senate, came together to co-sponsor a further version of the ‘Fairness' legislation that would include provision under which Irish nationals could apply for up to 10,500 E-3 visas each year. The Schumer/Leahy/Durbin Bill (number S.1983) also included ‘administrative waiver' provisions which would allow undocumented Irish migrants in the US to apply for E-3s without suffering certain applicable penalties for having been out of status.

Separately, Senators Scott Brown and Mark Kirk of the Republican Party tabled further stand-alone legislative proposals (Bill number S. 2005) that would also make Irish nationals eligible to apply for up to 10,500 E-3 visas each year but which do not include the additional ‘administrative waiver' provisions. Both Bills have since been referred for examination by the US Senate's Judiciary Committee.

While recent developments have been encouraging, the prospects for these Bills are uncertain. Acting on my behalf, our Embassy in Washington, working with the Irish-American immigration community, continues to engage on an ongoing basis with the US Administration at senior levels and with both parties in the US Congress. I will also be in Washington in early February where I will be engaging with key players to further advance our support for an Irish E-3 visa.

Tax Code

Gerry Adams

Question:

54 Deputy Gerry Adams asked the Minister for Finance if there were any changes to the tax bands or tax credits that could affect any taxpayer as a result of budget 2012; and if he will make a statement on the matter. [4594/12]

The position is that, in line with the commitment in the Programme for Government, there have been no changes in tax rates, no narrowing of tax bands and no reductions in personal tax credits in Budget 2012. I announced in Budget 2012 that the annual exemption level for the Universal Social Charge will be raised from €4,004 to €10,036 with effect from 1 January 2012. This measure benefits nearly 330,000 people and will assist people to move into the labour market.

Tax Collection

Eric J. Byrne

Question:

55 Deputy Eric Byrne asked the Minister for Finance if a person (details supplied) in Dublin 12 is tax compliant in view of the fact that the person received a communication from the Revenue Commissioners to the contrary; and if he will make a statement on the matter. [4500/12]

I am informed by the Revenue Commissioners that, following receipt of updated information from the Department of Social Protection and also contact from the person in question that an amended certificate of tax credits issued to the taxpayer on the 13 January 2012. The tax due for 2012, which is estimated to be some €886, will be deducted from his occupational pension over the course of 2012.

Banking Sector Regulation

Brendan Griffin

Question:

56 Deputy Brendan Griffin asked the Minister for Finance the steps he will take to encourage new banks to enter the banking market here; and if he will make a statement on the matter. [4501/12]

As I outlined previous in answers to Parliamentary Questions (22113/11 and 22117/11), the basis for stabilization of the Irish banking market is contained in my Statement on Banking of 31 March, 2011, where I set out Government policy in relation to the matters the Deputy has raised. A fundamental element of Government Strategy has been to restore a functioning banking system and the Government has made particular commitments to recapitalising the banks and restructuring the banking sector as part of its Programme for Government.

This radical restructuring of the banking system is designed to put our banking system on a firm footing which is essential to Ireland's economic recovery. The continuing positive reviews delivered by the Troika, as well as further technical discussions reinforces the direction of the Banking Policy and allows us to continue on the path to stability and economic growth in core businesses based on a sound and well capitalised banking system with two pillar institutions.

While there are, at present, a number of foreign owned entities that operate within the Irish banking market, I would welcome further interest that foreign entities may have in entering the Irish market. This interest will continue to grow as the economy recovers and banking returns to viability.

Tax Code

Dominic Hannigan

Question:

57 Deputy Dominic Hannigan asked the Minister for Finance if he will consider a change to the VAT regime for travel agents to enable them to offer gross wholesale accommodation prices to Irish agents in order that they can compete on an equal footing with travel agents from the UK who do not have to charge VAT on their offers and are at a competitive advantage; and if he will make a statement on the matter. [4503/12]

I am informed by the Revenue Commissioners that Section 88 of the VAT Consolidation Act 2010 provides for a scheme for travel agents known as the Travel Agents Margin Scheme (TAMS). The scheme deals with the activities carried on by travel agents who act in the capacity of a principal when supplying certain travel services such as transport, accommodation, etc, which they have bought in from third parties for onward supply to travellers. Under the scheme, which is provided for in the EU VAT Directive, such travel agents are liable to VAT at the standard rate in respect of the margin on their supply of travel services, not in respect of the overall consideration they receive for such services. The scheme, which was introduced with effect from 1 January 2010, operates in all EU States.

Supplies of travel services, e.g. accommodation, transport, etc., between travel agents, known as wholesale supplies, are not covered by the Margin Scheme but are subject to VAT at the rates applicable to those services in the normal way. If a travel agent established in Ireland acquires accommodation services from another travel agent, also established in Ireland, that other travel agent will charge VAT on the supply at the second reduced rate, currently 9%. The travel agent who acquires the accommodation and supplies it to a traveller will charge VAT on the margin at the standard rate, currently 23%.

If a travel agent in Ireland acquires accommodation services from a UK based agent, then that UK travel agent must register for VAT in Ireland and charge Irish VAT on all such supplies regardless of value. The Irish travel agent who acquires the accommodation and supplies it to a traveller will charge VAT on the margin.

In relation to wholesale supplies described above, the same VAT treatment applies to the supplies made by both the travel agent established in Ireland and the agent established in the UK. Therefore, the question of a competitive advantage should not arise. If the Deputy believes this is not the case I suggest that he provide the details to the Revenue Commissioners.

Jim Daly

Question:

58 Deputy Jim Daly asked the Minister for Finance the number of applications received by him from various organisations seeking charitable status for each of the past seven years in tabular form; and if he will make a statement on the matter. [4516/12]

Jim Daly

Question:

59 Deputy Jim Daly asked the Minister for Finance the number of charitable status applications that have been granted by him for each of the past seven years in tabular form; the average waiting time for an application to be processed; and if he will make a statement on the matter. [4521/12]

I propose to take Questions Nos. 58 and 59 together.

The processing of applications for charitable tax exemption is a matter for the Revenue Commissioners. I am informed by Revenue that to avail of the exemption a body or trust must be established for charitable purposes only and must apply all its income for charitable purposes. Procedures are in place by Revenue towards ensuring that the tax exemption is only granted to bodies that meet the necessary criteria for such exemption. These comprise an application procedure, which includes the submission of a Governing Instrument. The objects and powers of a body applying for charitable tax exemption must also be framed in a manner that ensures its income or property can be applied only for charitable purpose.

The number of applications for charitable tax exemptions during the last 7 years, together with the number approved is outlined in the table. It should be noted that some applications are refused when the full supporting information is received with the application and it is clear that an exemption is not appropriate. In other instances the application is not pursued further when the applicants become aware of the necessary criteria for such exemption and the administrative procedures required to ensure ongoing compliance with the terms and conditions of the exemption.

Once a fully completed application form and all supporting documentation requested by Revenue is received, applications are processed in accordance with Revenue's Customer Service Standards i.e. 80% within 10 working days and 100% within 20 working days.

Applications received

Applications granted

2005

553

350

2006

538

353

2007

537

300

2008

607

392

2009

543

397

2010

513

350

2011

507

290

Jim Daly

Question:

60 Deputy Jim Daly asked the Minister for Finance if he is in receipt of an application for charitable status from an organisation (details supplied); when he expects a decision to be arrived at; and if he will make a statement on the matter. [4523/12]

The processing of applications for charitable tax exemption is a matter for the Revenue Commissioners. I am informed by Revenue that to avail of the exemption a body or trust must be established for charitable purposes only and must apply all its income for charitable purposes. Procedures are in place to ensure that the tax exemption is only granted to bodies that meet the necessary criteria for such exemption. The objects and powers of a body applying for charitable tax exemption must also be framed in a manner that ensures its income or property can be applied only for charitable purpose.

Revenue has advised me that they originally received an application for charitable tax exemption from the named body in 2005. While certain additional information/documentation in respect of the application was sought by Revenue this was not produced at the time. The application process was recommenced in 2009 and despite correspondence with the agent representing the body in 2009, 2010 and 2011 all the requested information and documentation has not been provided to date. Revenue has advised me that until such time as the documentation requested is provided they are not in a position to make a final decision on whether or not the body in question meets the criteria for a charitable tax exemption.

Disabled Drivers

Michael McCarthy

Question:

61 Deputy Michael McCarthy asked the Minister for Finance if he will consider maintaining the tax designation of a vehicle in view of the circumstances (details supplied); and if he will make a statement on the matter. [4527/12]

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. An application for exemption under the Scheme was received in the Central Repayments Office on 24th November 2011 from the person (details supplied) and a Vehicle Chassis Number was included. On the basis of the information supplied, an Exemption Notification issued on 5th January 2012.

Under the terms of this Scheme, relief is due where a disabled passenger purchases a passenger vehicle and fulfils the conditions of the Scheme. Following a telephone call to the husband of the person named, it has been established that the Chassis Number quoted relates to a Category N1 vehicle. In accordance with EU classification, Category N1 vehicles are commercial vehicles and are not admissible under this scheme. The Department of Environment/Local Authority is responsible for all issues relating to the Motor Taxation of Vehicles.

Tax Collection

Terence Flanagan

Question:

62 Deputy Terence Flanagan asked the Minister for Finance the position regarding taxes (details supplied); and if he will make a statement on the matter. [4552/12]

I am advised by the Revenue Commissioners that the €45m referred to in the 2012 Summary of Budget Measures represents an estimate of increased yield resulting from improved exchanges of information between Revenue and other Governmental Bodies and includes the receipt of additional data on long-term pension payments made by the Department of Social Protection. These long-term pension payment details incorporate information on payments made to old age pensioners and to other recipients who would not be regarded as old age pensioners, for example, those on invalidity pension or widows/widowers and for that reason, it is not possible to say what proportion of the estimated additional yield will come from old age pensioners.

Tax Reliefs

Nicky McFadden

Question:

63 Deputy Nicky McFadden asked the Minister for Finance if the rules regarding the mortgage interest relief scheme could be changed to allow for persons renting out a property to benefit from the scheme; and if he will make a statement on the matter. [4553/12]

The position is that the legislation setting out the detail of the proposed new 30% rate of mortgage interest relief announced in my Budget speech will be published in the forthcoming Finance Bill. However, the new rate of relief will be available only to individuals who took out their first mortgage in the period 2004 to 2008, and where such homes are the sole or main residence of the individuals. The proposed new rate of relief will not be available to individuals who took out their first mortgage between 2004 and 2008 and who are now renting out that property. However, it should be noted that an individual who rents out their residential property may be allowed a deduction, subject to certain conditions, in computing the taxable rents from that letting of 75% of the interest on monies borrowed to purchase, improve or repair that property.

Robert Troy

Question:

64 Deputy Robert Troy asked the Minister for Finance if he will extend the mortgage interest relief to include more than first time buyers who purchased houses at the peak of the boom. [4555/12]

As the Deputy is aware the Programme for Government contained a very specific commitment to examine a proposal to increase mortgage interest relief to 30% for first time buyers who bought between 2004 and 2008. In Budget 2012, this commitment was fulfilled. It is not my intention to widen the parameters of the commitment contained in the Programme for Government.

Tax Collection

Michael McGrath

Question:

65 Deputy Michael McGrath asked the Minister for Finance if he will arrange to have a tax credit certificate for 2012 corrected in respect of a person (details supplied) in County Cork. [4591/12]

I am advised by the Revenue Commissioners that an amended Tax Credit Certificate correcting certain matters raised by the Deputy in relation to the person concerned issued on 4th January 2012. Further adjustments may be necessary when the second matter referred to by the deputy is clarified. The person concerned needs to complete a Return of Income (Form 12) for 2011 so that Revenue can make whatever further adjustments are necessary to its records, and to the tax credits. It is open to the person concerned to make returns for all the years back to 2008 if he feels that he has been adversely affected by the inclusion of incorrect information in any of those years.

Mortgage Arrears

Dominic Hannigan

Question:

66 Deputy Dominic Hannigan asked the Minister for Finance the position regarding proposals to deal with distressed mortgages; the Departments he has consulted regarding these proposals; and if he will make a statement on the matter. [4592/12]

Michael McGrath

Question:

75 Deputy Michael McGrath asked the Minister for Finance if he will provide a detailed statement on the status of the Keane report on mortgage arrears; and the steps he has taken on foot of receiving the report last September. [4662/12]

Brendan Griffin

Question:

81 Deputy Brendan Griffin asked the Minister for Finance his views on a matter (details supplied) regarding the Keane report; and if he will make a statement on the matter. [4680/12]

I propose to take Questions Nos. 66, 75 and 81 together.

Last October the Government published the Report of the Inter-Departmental Working Group on Mortgage Arrears and, as the Deputies are aware, the Report was subsequently the subject of an extensive Dáil debate. The implementation of the report's recommendations is a key part of the Government's ongoing efforts to tackle mortgage difficulty.

A Steering Group, chaired by a Second Secretary General in my Department, has been established to oversee and drive the overall implementation of the report's recommendations and to report regularly to the Economic Management Council and to Government on this. In addition to the Department of Finance, the Steering Group also consists of senior representation from the Departments of the Environment, Community and Local Government, Justice and Equality, Social Protection and Public Expenditure and Reform. The Central Bank is also represented on the Group.

Separate working groups have also been established to progress the individual work streams of this broad work area and these groups report to the overall Steering Group. Additionally, a dedicated team is being established in my Department, with resources drawn from the relevant Government Departments, to progress the relevant initiatives. This will be supplemented, as necessary, with additional legal, financial and technical expertise as the implementation work proceeds. Significant progress has already been achieved across a number of the individual work areas.

The Minister for Justice, Equality and Defence has now produced an initial General Scheme of a Personal Insolvency Bill which proposes a reformed framework to enable unsustainable debt, including the sensitive issue of secured debt, to be resolved in a non judicial way. This General Scheme will be furnished to the Joint Oireachtas Committee for Justice, Defence and Equality for consideration. Their views, along with the views of other interested parties, will be taken into account in the further development and finalisation of the Bill. The intention is to publish a final Bill by end April in line with the revised commitment in the EU/IMF Programme of Financial Support.

On "mortgage to rent", the Minister for Environment, Community and Local Government has advanced work with a bank and a social housing association to pilot a scheme, in order to test the practicalities and develop models associated with such a measure in advance of a wider roll out. I am informed that discussions are ongoing and that an initial launch of the project is anticipated soon.

Regarding the engagement with the banks, the Central Bank, as the regulator of credit institutions, has now received mortgage arrears resolution strategies and implementation plans from all mortgage lenders and these are being considered by the Central Bank. I have been informed that the Central Bank intends to provide feedback to mortgage lenders in the coming weeks to give lenders an opportunity to revise and update their plans. The overall aim of this engagement is to ensure that there is a robust framework in place at all mortgage lenders to deliver appropriate solutions to their mortgage customers who are in arrears.

Finally, work has commenced on the necessary steps to put in place the mortgage advisory function as recommended by the Inter-Departmental group.

The Government has also indicated that, in its ongoing consideration of appropriate measures to address this problem, it will take careful note of the suggestions made by Deputies and also by outside groups. It is the Government's intention to continue to work intensively on this matter and to significantly further advance all these work measures in the early part of 2012.

Banking Sector Regulation

Seán Ó Fearghaíl

Question:

67 Deputy Seán Ó Fearghaíl asked the Minister for Finance if his attention has been drawn to the fact that the Central Bank of Ireland has issued a revised Code of Conduct for Regulated Entities; If his further attention has been drawn to the fact that new provisions have been made which effectively ban cold calling in that regulation 3.38 requires the regulated entity to have received informed consent prior to visiting with a potential customer; his views that such a ban on cold calling will impact in a severely negative way on many insurance brokerages giving rise to loss of employment in some of these businesses; if he will request the Central Bank of Ireland to review and revise its code; and if he will make a statement on the matter. [4598/12]

The Central Bank have advised me that the current version of their Consumer Protection Code (2012) was finalised following extensive consultation. The Consumer Protection Code was originally introduced in 2006. The purpose of the Code is to strengthen protection for consumers by introducing clear conduct of business rules for all regulated entities in order to increase the standards of service to consumers and to ensure that consumers are provided with financial products that are suitable for them.

During 2010 and 2011 the Central Bank undertook a review of the 2006 Code in order to:

address issues that had arisen during their consumer-focused inspections,

take account of market intelligence received, and

provide clarity on the impact of EU legislation and other developments which had arisen since the Code was first introduced.

In October 2010, the Central Bank published a consultation paper on their proposed revision of the 2006 Code and issued a second consultation paper in June 2011. Among the respondents were the Irish Brokers' Association, the Professional Insurance Brokers' Association and the Irish Insurance Federation.

The Central Bank have advised me that, following a review of the submissions received, they decided to strengthen protection for consumers against unsolicited personal visits from representatives of firms regulated by the Central Bank. They have also advised me that the provisions set out in sections 3.37-3.45 in the current version of the Code are a combination of the 2006 Code requirements for telephone contact and stricter rules in relation to personal visits, with unsolicited personal visits prohibited. I have no evidence to suggest that a ban on cold calling would impact negatively on employment in the insurance sector. The Central Bank's Consumer Protection Code may be accessed on the Central Bank's website www.CentralBank.ie.

Tax Reliefs

Joanna Tuffy

Question:

68 Deputy Joanna Tuffy asked the Minister for Finance if he will provide an update on the abolition of tax relief for bin charges, and prior to this, the abolition of tax relief on trade union subscriptions; the reason these changes were made; and if he will make a statement on the matter. [4620/12]

I am informed by the Revenue Commissioners that, up to the tax year 2011, income tax relief is available for individuals who pay service charges to local authorities and other independent contractors. Qualifying charges include all service charges paid to:

local authorities for the provision of domestic water supply, domestic refuse collection or disposal, or domestic sewage disposal;

group water schemes for domestic water supply; and

independent contractors for domestic refuse collection or disposal.

The relief is given at the standard rate of tax (20%) for any qualifying service charges paid in full and on time in the previous calendar year. The maximum annual amount of qualifying service charges in respect of which tax relief may be claimed is €400. For example, for services charges paid in respect of the years 2007 to 2010, the tax relief given in the tax years 2008 to 2011 is the lesser of—

(a) the amount of services charges paid in the previous tax year @ 20%; and

(b) €400 @ 20%.

The Commission on Taxation recommended that this relief should be discontinued on the basis that it had originally been introduced as a short-term measure and that the "polluter pays" principle should underpin the charging process for local authority services and should not be diluted by the provision of tax relief.

Accordingly, and mindful also of the overall Exchequer position, this relief was abolished by Section 12 of the Finance Act 2010. The final year for which the relief may be claimed is the 2011 tax year as respects service charges paid in 2010. Income Tax relief in respect of trade union subscriptions was introduced in 2001. I am further informed by the Revenue Commissioners that, up to the tax year 2010, income tax relief is available for individuals who paid trade union subscriptions. For the tax years 2008 to 2010, the maximum amount of subscription in respect of which tax relief is available is €350 and the rate of tax relief is at the standard rate of tax (20%).

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. 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. Taking into account the overall Exchequer position and the views of the Commission on Taxation, relief for Trade Union subscriptions was abolished by Section 12 of the Finance Act 2011 with effect from 1 January 2011.

National Asset Management Agency

Clare Daly

Question:

69 Deputy Clare Daly asked the Minister for Finance the way the panel of 16 advisers from the financial services sector was appointed by the National Asset Management Agency to assist loan disposals; the companies involved; if he will give details of the specific role of each company and the remuneration they will each receive. [4630/12]

I am informed by NAMA that the procurement competition for appointment to a panel for the Provision of Credit Verification Services (Investigations) to the National Asset Management Agency (NAMA) was advertised on www.etenders.gov.ie on 28th September 2011 and subsequently in the Official Journal of the European Union (OJEU). The methodologies and award criteria used to select the advisers were contained in the request for proposals document, which is published on www.etenders.gov.ie under the reference number SEP271616. A Contract Award notice was published on www.etenders.gov.ie on 13th January 2012 under the reference number JAN302695 and subsequently in the Official Journal of the European Union (OJEU), setting out those who were successfully appointed to the panels under the framework.

With regard to remuneration, I am informed by NAMA that each tenderer was asked to provide the percentage fee which it would charge based on the value of the sale price it would receive on a loan sale and any arrangement fee that may apply. Significant competitive tension in respect of fees was created by virtue of 30% of the marks being allocated to fees. In addition, under the rules of the framework tenderers may be asked to re-compete on fees. No services have been called off the framework to-date, however, NAMA has assured me that, given the scale of fees quoted by the successful tendering parties, it is confident of achieving value for money.

Tax Yield

Clare Daly

Question:

70 Deputy Clare Daly asked the Minister for Finance the amount of revenue lost through the DIRT free status of An Post investment certificates and bonds. [4631/12]

Savings Certificates and Savings Bonds are tax free to Irish residents. Interest is applied on these products at maturity, which is after five and a half years for Savings Certificates and after three years for Savings Bonds, or on encashment, which could be at any stage during the life of the product. Bringing the products within the Deposit Interest Retention Tax (DIRT) regime would lead to an estimated yield of €44m, based on the estimated interest payout on Savings Certificates and Bonds in 2011. The potential yield has been estimated on the basis of applying the higher DIRT rate which applies to interest paid less frequently than annually, as is the case with Savings Certificates and Savings Bonds, rather than the standard DIRT rate which applies to interest paid annually or more frequently than annually. The higher DIRT rate in 2011 was 30%, which was increased to 33% with effect from 1 January 2012.

Bank Guarantee Scheme

Michael McGrath

Question:

71 Deputy Michael McGrath asked the Minister for Finance the extent of participation by institutions covered by the eligible liabilities guarantee in the ECB’s recent three year long term re-financing operation; and if he will make a statement on the matter. [4657/12]

The Central Bank has informed me that any participation by Irish institutions in ECB operations is reflected in the Bank's monthly statistics publications which can be found at http://www.centralbank.ie/polstats/stats/cmab/Pages/Money%20and%20Banking.aspx. Table A.4.2 Credit Institutions (Covered Group) — Aggregate Balance Sheet, incorporates Covered Banks’ aggregate Borrowing from the Eurosystem relating to monetary policy operations and the figures for December will be published on 31st January. The Bank is not in a position to comment on individual participation in ECB operations, though I understand that a number of the covered banks did participate in the recent 3 year auction and are currently assessing their approach and possible participation in the next such auction in February.

Credit Availability

Michael McGrath

Question:

72 Deputy Michael McGrath asked the Minister for Finance his view on the availability of credit in the residential mortgage market particularly for first time buyers and persons seeking to switch their mortgage; and if he will make a statement on the matter. [4658/12]

The decision on whether or not to grant a loan to a borrower or to allow a borrower to switch to another mortgage account must remain a commercial decision for the lending institution concerned. It is important that each lending institution is allowed to assess properly and independently the risks that it is considering when deciding whether or not to approve a loan or to make adjustments to an existing loan arrangement. The banking announcement on 31 March 2011 restructured the domestic banks to ensure that there is over €20 billion of new mortgage and SME lending available from the two pillar banks (AIB and Bank of Ireland) between 2011 and 2013. I understand that Bank of Ireland has already announced a special fund for new buyers and that other mortgage lending institutions are considering launching mortgage initiatives shortly.

The changes which I announced in last month's Budget means that individuals who take out qualifying loans in 2012 as first time buyers will now receive relief at a rate of 25% on ceilings of €10,000/€20,000, single/married as opposed to the previously proposed rate of 15% on ceilings of €3,000/€6,000. This will give a maximum relief in 2012 of €2,500 for single and €5,000 for married persons.

Universal Social Charge

Michael McGrath

Question:

73 Deputy Michael McGrath asked the Minister for Finance his plans to publish the report prepared for him in respect of the review into the operation of the universal social charge; and if he will make a statement on the matter. [4659/12]

The Review of the Universal Social Charge was published on my Department's website on 23 January 2011. It can be obtained at www.finance.gov.ie.

Government Deficit

Michael McGrath

Question:

74 Deputy Michael McGrath asked the Minister for Finance if he will define his interpretation of the term structural deficit and to state, in respect of the years 2008 to 2011, inclusive, his estimate of the structural deficit for Ireland; and if he will make a statement on the matter. [4660/12]

The term "structural deficit" refers to the general government deficit adjusted for the economic cycle and one-off measures. It is the deficit that would prevail if transitory elements in the headline deficit owing to economic fluctuations and temporary/one-off factors (e.g. State injections into the banking system) were removed. The structural deficit provides greater clarity regarding the underlying fiscal position, though it is difficult to measure especially in a small open economy such as Ireland's, as the Fiscal Council acknowledged in its recent report. As such, there is considerable uncertainty surrounding all estimates of the structural deficit.

Budget 2012 provided an estimate of the structural deficit for last year. On the basis of a headline deficit of 10.1 per cent of GDP, and using the harmonised production function methodology developed jointly by the European Commission and Member States to identify the cyclical position of the economy, a structural deficit of 8.6 per cent of GDP was estimated for 2011. Using this same methodology and taking account of one-off measures in 2008, 2009 and 2010, my Department's estimates of the structural deficit for the years 2008-10 are set out in the table.

Year

Structural deficit (% of GDP)

2008

6.7

2009

9.9

2010

9.9

Question No. 75 answered with Question No. 66.

EU-IMF Programme

Michael McGrath

Question:

76 Deputy Michael McGrath asked the Minister for Finance his estimate, based on all currently available information, including the projected deficits for 2013, 2014 and 2015 set out in the medium term fiscal statement and the maturity of Government bonds, the amount of additional funds Ireland will need to raise beyond the funds currently available in the EU-IMF programme of assistance in 2014 and 2015; and if he will make a statement on the matter. [4663/12]

The EU/IMF Programme covers Ireland's funding requirements from 2011 to 2013, provided of course that we continue to adhere to the terms and conditions of the Programme and meet targets. The most recent Exchequer deficit estimates for the years 2013-2015 were set out in Budget 2012 last December. Budget 2012 estimated that the Exchequer deficits in the years 2013-2015 would be €14.1 billion, €10.2 billion and €7 billion respectively.

The National Treasury Management Agency (NTMA) advises me that maturing long-term debt in the years 2013-2015 is currently estimated at €6 billion, €8.4 billion and €10.5 billion respectively. The table takes account of yesterday's successful bond switch which reduced the 2014 bond maturity by €3.5 billion.

Gross Funding Requirement 2014-15

€ billion

2014

2015

Exchequer Deficit

10.2

7.0

Maturing Long-term Debt

8.4

10.5

of which Irish Government Bonds

8.4

3.6

EU/IMF Programme

6.9

Total

18.6

17.5

As has been widely stated for some time now, it is the stated intention of the NTMA to return to borrowing in the sovereign debt markets as soon as market conditions permit. The decrease in Irish bond yields since the beginning of the year and the success of yesterday's bond switch by the NTMA indicate increased investor confidence that Ireland is dealing with its fiscal and economic issues. The NTMA is in ongoing contact with market participants and will advise me as and when it feels that the time is right to re-enter the markets.

Tracker Mortgages

Michael McGrath

Question:

77 Deputy Michael McGrath asked the Minister for Finance if he or any officials in his Department or in the Central Bank of Ireland have had discussions with any of the covered institutions regarding warehousing their loss-making tracker mortgages in off-balance sheet vehicles or with the Irish Bank Resolution Corporation; and if he will make a statement on the matter. [4664/12]

As the Deputy can appreciate, officials in my Department and in the Central Bank of Ireland are in constant on-going dialogue with all of the covered institutions in respect of implementing structures and solutions which would seek to enhance the overall financial system. As and when further measures are agreed/solutions emerge, I will inform the House as appropriate.

EU-IMF Programme

Michael McGrath

Question:

78 Deputy Michael McGrath asked the Minister for Finance if he has raised with the troika the possibility of extending the timeline for the Irish banks complying with the requirement to dispose of assets and deleverage their balance sheets; and if he will make a statement on the matter. [4665/12]

As the deputy will be aware the covered banks are required to deleverage circa €70bn of assets by 31 December 2013. To date significant progress has been made in that regard. The two pillar banks met the 2011 deleveraging targets with almost €15 billion of these assets sold at significantly better pricing than anticipated in the PCAR/PLAR 2011 exercise. Total deleveraging achieved across government supported banks was €40.5 billion through end November 2011 against full year 2011 expected deleveraging of €34.7 billion. In addition, Irish banks enjoyed deposit inflows in the final quarter of 2011 despite the very difficult international environment.

It is important to maintain the progress in downsizing our banking system which was made in 2011, and while we have not requested an extension to the deleveraging programme, we are working to refine the deleveraging framework to minimize risks to lending to the economy and discourage excessive competition for deposits. Nonetheless, it is also important, as part of the overall strategy to maintain progress in regard to deleveraging and this momentum will ensure that banks will better able to support the real economy in the shortest possible timeframe.

As things stand the banking system restructuring plan creates capacity for the two Pillar Banks, Bank of Ireland and AIB, to provide lending in excess of €30 billion in the next three years. SME and new mortgage lending for these banks is expected to be in the range of €16-20bn over this period. The Government has imposed lending targets on the two domestic pillar banks for the three calendar years, 2011 to 2013. Both banks were required to sanction lending of at least €3 billion in 2011, €3.5 billion this year and €4 billion in 2013 for new or increased credit facilities to SMEs. The position will be monitored on an on-going basis and discussed with EU Commission, the ECB and the IMF with any refinements or adjustments required considered and addressed.

Tax Clearance Certificates

David Stanton

Question:

79 Deputy David Stanton asked the Minister for Finance if he will arrange for a proposal (details supplied) to be re-examined; and if he will make a statement on the matter. [4668/12]

This is a matter for the Revenue Commissioners. I am advised by Revenue that the person concerned has a significant tax debt. The case is under discussion with an agent representing the person concerned with a view to agreeing an approach that is acceptable to Revenue. The proposals made to date have not been to Revenue's satisfaction and until such time as a satisfactory arrangement is in place, I am advised that Revenue will not be in a position to issue a tax clearance certificate.

State Banking Sector

Catherine Murphy

Question:

80 Deputy Catherine Murphy asked the Minister for Finance the advice provided to him by the Central Bank of Ireland and the European Central Bank regarding the solvency of Irish Nationwide Building Society and Anglo Irish Bank prior to the decision to nationalise the two institutions; the nature of the advice received, if any; if he will specify any other public or private sector institutions from which he sought advice regarding the solvency of INBS and Anglo Irish Bank in advance of their nationalisation; the nature of the advice received, if any; and if he will make a statement on the matter. [4672/12]

My Department maintains close and on-going contact with the Central bank/Financial Regulator on all financial, stability and regulatory matters. Likewise, there is also close contact with appropriate external authorities. The Central Bank of Ireland and the Financial Regulator provided advice to the Minister at the time of nationalisation of Anglo Irish Bank and the effective nationalisation of Irish Nationwide Building Society (INBS). The ECB did not provide specific advice to the Minister in relation to these institutions prior to nationalisation. Anglo Irish Bank was nationalised in January 2009 while INBS was effectively nationalised in March 2010. It is important to note that, at no time were either of the institutions declared insolvent and the provision of capital and support by the Government has prevented insolvency and any consequential call under the various Guarantee Schemes. IBRC, the merged entity, comprising both these institutions, remains solvent and in compliance with all regulatory and capital requirements.

Both institutions were regarded as systemically important credit institutions and were managed and dealt with on that basis by all the Irish regulatory authorities. Failure of such important institutions would have had serious and immediate financial an economic implications. Having consulted with the Central Bank capital was provided to the institutions to ensure that they continued to meet all regulatory capital requirements.

The circumstances surrounding the decisions to deal with the institutions are very different. In the case of Anglo Irish Bank the Department knew, prior to nationalisation, that capital would be required, that funding at the bank was problematic and that certain risks, including governance issues, could, if not mitigated, materially impact on the bank. However, the bank was not adjudged insolvent at that time. The audited accounts for the period, and assessments by the Financial Regulator, PricewaterhouseCoopers (PWC) and Merrill Lynch all indicated that the bank was solvent and could absorb "stress level" losses over the period of review and projected strong capital adequacy ratios out to 2013. Anglo Irish Bank was nationalised because of governance issues, and funding problems in particular which would very quickly have placed the bank in a position of inability to repay maturing debt including deposits, with a major and immediate knock-on impact on other banks and on the State. Further, there was strong negative market sentiment towards the bank which was impacting on the banking sector generally.

With the benefit of hindsight, however, it is now clear that the full extent of the evolving problems in global financial crisis or the property market were not envisaged in any assessment of the bank at that time. In the course of 2009/2010 the extent of the problems became clear and the level of impairments on assets increased substantially necessitating further injections of capital to sustain the capital position of the bank.

In the case of INBS it became clear in the course of 2009 that the Society was in breach of its own funds solvency ratio. The Central bank/Financial Regulator reported on this. This problem persisted and the Minister was forced to intervene, to provide specific guarantees and eventually to effectively nationalise the institution in early 2010 in order to protect the solvency of the institution and a call on the State guarantee.

Throughout this period the Central Bank/Financial Regulator provided advice to the Minister. Other institutions which provided advice to the Minister over that period included the NTMA, PWC, Merrill Lynch, Arthur Cox, Rothschild.

Question No. 81 answered with Question No. 66.

Tax Collection

Bernard J. Durkan

Question:

82 Deputy Bernard J. Durkan asked the Minister for Finance the extent to which tax free allowance and credits are affected by correspondence received by the Revenue Commissioners on 1 January 2012 in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [4708/12]

I have been advised by the Revenue Commissioners that, based on the tax credit certificate issued to the person concerned dated 30 December 2011, the person's tax credits are reduced by €47.60 per week.

Jobs Initiative

Willie O'Dea

Question:

83 Deputy Willie O’Dea asked the Minister for Finance the likely net impact on the Exchequer balance in 2011, 2012, 2013, 2014 and 2015 of measures announced in the jobs initiative; if an economic assessment of the initiative has been or will be undertaken; and if he will make a statement on the matter. [4718/12]

Willie O'Dea

Question:

84 Deputy Willie O’Dea asked the Minister for Finance if he will detail, in tabular form, the amount allocated for the years 2011, 2012, 2013, 2014 and 2015 for each revenue measure announced in the jobs initiative, the revised allocation following any subsequent policy decision; the outturn in 2011 for each measure; and if he will make a statement on the matter. [4719/12]

I propose to take Questions Nos. 83 and 84 together.

The implementation of a jobs and growth strategy is a key priority of this Government. The Jobs Initiative contains a range of measures aimed at assisting in employment generation — providing opportunities for those who are out of work, to restore public morale and confidence in the economy and encourage spending by consumers.

The Jobs Initiative was designed to be budget-neutral over the four year period 2011-2014. However, it is important to note that it was expected to bring in a small net positive amount to the Exchequer in 2011. This is because the yield from the temporary levy on pension funds which was introduced to fund the Jobs Initiative was greater than the estimated cost of the other measures introduced. These included a new 9% VAT rate, the halving of the lower rate of PRSI and small amounts of additional current and capital expenditure. The goal of the Jobs Initiative is not direct economic stimulus but rather a targeting of resources towards more employment-rich areas of activity.

In terms of the specific detail on the full range of expenditure and revenue measures, officials from my own Department and Minister Howlin's worked closely with other Departments in preparing the proposals and assessing the quantitative and qualitative impacts. The estimated yield and costs associated with the various measures introduced are set out in detail in the summary of policy measures section of the Jobs Initiative booklet. A summary of the original measures and associated estimated yield and costs is set out in the table.

2011 (€m)

2012 (€m)

2013 (€m)

2014 (€m)

Total

Revenue

*Air Travel Tax

-15

-90

-105

-105

-315

VAT

-120

-350

-350

-60

-880

PRSI

-95

-208

-201

-33

-536

Pension Funds Levy

+470

+470

+470

+470

+1,880

Expenditure (Additional)

-40

-30

-30

-30

-130

Net Benefit (+) / Loss (-)

+201

-208

-216

+242

+19* rounding may affect totals

*It should be noted that the proposed suspension of the Air Travel Tax, at an estimated cost of €15 million in 2011, €90 million in 2012 and €105 million in a full year, was conditional on the airlines increasing passenger numbers in terms of restoring routes and capacity. Following discussions with the airlines in that regard, the Government decided to retain the Air Travel Tax in 2011, pending a further review in the spring.

Also, the outturn for the pension levy in 2011 was €463 million as opposed to the original forecast amount of €470 million.

Willie O'Dea

Question:

85 Deputy Willie O’Dea asked the Minister for Finance the number of new jobs created by him as a result of the jobs initiative; and if he will make a statement on the matter. [4730/12]

The labour market is still in a weak state, as confirmed by the latest CSO Quarterly National Household Survey data. The unemployment rate is unacceptably high and people are still losing jobs. At the same time, some jobs are being created though it is difficult to assess the number as official employment data are presented in net terms and information on gross flows into and out of employment is not available. Some information can be gleaned from the live register however. This shows that 144,000 left the live register to take up employment last year.

I am confident that the measures introduced by the Government in May 2011, such as reducing the rate of VAT in the high value added tourism sector, have played a role in this respect. This view is shared by my colleague, the Minister for Enterprise, Jobs and Innovation, who only yesterday informed the House that a significant number of jobs were created in the tourism sector on foot of measures set out in the Jobs Initiative.

The Government recognises that improving labour market conditions represents its biggest challenge, and, accordingly, is giving priority to job protection, job creation and supporting the unemployed. In this regard, the Minister for Enterprise, Jobs and Innovation will soon publish an Action Plan on Jobs.

Schools Amalgamation

Michael Colreavy

Question:

86 Deputy Michael Colreavy asked the Minister for Education and Skills his plans to progress the amalgamation of schools (details supplied) in County Sligo by 1 March 2012; if he will provide an update on the situation and a projected time frame for when this may take place. [4480/12]

Following clarification secured from the Deputy's office, I can confirm that a major capital works application was submitted to my Department in respect of a new school for the proposed amalgamation of two schools in the area to which he refers. The application was assessed in accordance with the published prioritisation criteria for large scale projects and assigned a band 1 rating.

The current status of all projects on the school building programme, including the school referred to by the Deputy, may be viewed on my Department's website at www.education.ie and this will be updated regularly throughout the year. The progression of all large scale building projects, including this project, from initial design stage through to construction will be considered in the context of the school building and modernisation programme. However, in light of current competing demands on the Department’s capital budget and the need to ensure that every child has access to a physical school place, it is not possible to give an indicative timeframe for the progression of the project at this time.

As an interim measure, my Department provided funding in excess of €270,000 to the schools to facilitate improvement works to the electrical system, roof, disabled access and for the replacement of temporary accommodation. My officials also met representatives from both schools in February 2011 to discuss the status of the proposed project.

Schools Building Projects

Patrick Nulty

Question:

87 Deputy Patrick Nulty asked the Minister for Education and Skills if he will expedite the provision of a planned extension for a school (details supplied) in County Dublin; the current status of the project; the reason for the delay; and if he will make a statement on the matter. [4481/12]

I can confirm that the school referred to by the Deputy has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria and the appropriate band rating has been assigned.

The current status of all projects on the school building programme, including the school referred to by the Deputy, may be viewed on my Department's website at www.education.ie and this will be updated regularly throughout the year. The progression of all large scale building projects, including this project, from initial design stage through to construction will be considered in the context of the school building and modernisation programme. However, in light of current competing demands on the Department’s capital budget and the need to ensure that every child has access to a physical school place, it is not possible to give an indicative timeframe for the progression of the project at this time.

Special Educational Needs

Dominic Hannigan

Question:

88 Deputy Dominic Hannigan asked the Minister for Education and Skills if his attention has been drawn to the impact that the new class size ratio and learning support staff ratios will have on a school (details supplied); his plans regarding the clustering of learning support and resource teachers in rural areas to prevent the situation in which learning support and resource teachers are spending a large amount of time travelling between schools; and if he will make a statement on the matter. [4489/12]

The new simplified approach to the General Allocation Model of support for schools will make it easier to automatically update it annually in line with the changes in the number of classroom teachers in each school. Schools will also have autonomy on how to deploy the resource between language support and learning support depending on their specific needs.

The arrangements for the staffing allocation under the General Allocation Model (GAM) are specifically designed to facilitate GAM hours being clustered into full-time posts — either entirely within their own school or with a nearby neighbouring school. The new GAM allocations are being done in five-hour blocks which is the equivalent of the tuition time for a full school day. Teachers that are in shared posts between schools can therefore operate local arrangements that enable their travel to a neighbouring school to be done, where possible, from the start of the school day thus avoiding loss of tuition time.

As part of the reforms to the teacher allocation process existing posts will be used to put in place a network of about 2,450 full-time resource posts in over 1,600 base schools throughout the country that will be allocated on a permanent basis. This approach builds on the interim arrangements that operated in 2011 but in a more structured and transparent manner. The annual changes in resource hours at individual school level will only affect where the teacher is working on any one day — not whether the base school continues to host the full-time post. This approach will introduce a greater constancy in the context of the annual allocations and redeployment process.

The teachers in these full-time resource posts will undertake NCSE approved (low incidence) resource hours in the base schools or in neighbouring schools. Schools are typically notified of their NCSE approved resource hours in the late Spring/early Summer period but also throughout the school year. Through his/her role in allocating resources the local SENO will have an oversight role in relation to the sharing arrangements between schools so that they can operate as efficiently as possible and any time loss due to travel between schools can be kept to a minimum. Schools that are unable to access their NCSE approved resource hours from this network of full-time resource posts will be allocated mainly part-time temporary posts.

Caoimhghín Ó Caoláin

Question:

89 Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Skills if he will ensure that the right to education is vindicated in the case of a person (details supplied) in County Monaghan. [4508/12]

The Deputy will be aware that the National Council for Special Education (NCSE) through its network of local Special Educational Needs Organisers (SENOs), is responsible for processing applications from primary and post primary schools for special educational needs supports. This includes the allocation of resource teaching hours to schools as well as the establishment of special classes in various geographical areas as required and the discontinuation of such classes where the need no longer exists.

The NCSE operates within my Department's criteria in allocating such supports. Second level schools which have enrolled pupils with an assessed special educational need are allocated additional resource teaching support on the basis of the pupil's special educational needs. Another specific function of the SENO is to identify appropriate educational placements for children with special educational needs. SENOs are a valuable source of support to parents who are actively sourcing a placement for their children. It is open to parents to contact their local SENO directly to discuss their child's special educational needs, using the contact details available on www.ncse.ie.

The National Educational Welfare Board (NEWB), which was established under the Education (Welfare) Act 2000, is charged with ensuring each child attends a recognised school or otherwise receives a certain minimum education. The Act provides a comprehensive framework promoting regular school attendance and tackling the problems of absenteeism and early school leaving. While responsibility for the National Educational Welfare Board has transferred to my colleague, the Minister for Children and Youth Affairs, the two Departments are working together to ensure the services in the NEWB, including the School Completion Programme, Home School Community Liaison and the Education Welfare Service have a renewed focus to more effectively target and support all children at risk.

Caoimhghín Ó Caoláin

Question:

90 Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Skills the further steps he will take to implement in full the Education for Persons with Special Educational Needs Act 2004; and if he will make a statement on the matter. [4511/12]

The Deputy will be aware that a number of sections of the Education for Persons with Special Educational Needs (EPSEN) Act have already been commenced. The National Council for Special Education (NCSE) made recommendations which suggested that additional investment over a period of years of up to €235 million per annum, across the education and health sectors, would be required to fully implement the EPSEN Act.

My Department's opinion is that the level of investment required would be greater than that envisaged in the NCSE report. In the light of the very difficult economic situation, and these significant costs, the previous Government deferred the full implementation of EPSEN. Given the costs involved and current fiscal constraints, addressing this issue will be very challenging. I will consider how we can develop a plan to implement the objectives of the EPSEN Act so as to deliver improved educational outcomes for students with special needs.

Pupil-Teacher Ratio

Charlie McConalogue

Question:

91 Deputy Charlie McConalogue asked the Minister for Education and Skills his strategy for ensuring that the tradition of providing education in denominational schools for the Protestant community will be protected in view of cuts to pupil-teacher ratios in one, two, three and four teacher schools in budget 2012 as well as suggestions that smaller schools should look at amalgamating; and if he will make a statement on the matter. [4603/12]

Along with my colleagues in Government, I recognise the importance of ensuring students from a Protestant background can attend a school that reflects their denominational ethos. At a time of great strain in our public finances, however, we have to ensure the valuable but limited resources available for the education system are used in the best way possible.

The staffing schedule at primary level disproportionately benefits small primary schools. It is worth noting that we have 3,200 primary schools across Ireland. Over two thirds of those schools have more than 86 pupils and, as a result, have far higher average class sizes than all of the schools affected by this measure. A two-teacher school with 32 pupils, for example, has an average class size of one teacher for 16 pupils. In contrast, a typical ten-teacher school with 272 pupils has an average class size of 27.2 pupils.

It is important to retain a sense of perspective and balance when discussing this matter and to understand that the Department will continue to provide exceptionally favourable supports to small schools. For that reason, as part of the Budget 2012 decisions, the number of pupils required to gain and retain a classroom teaching post in small primary schools will be gradually increased between September 2012 and September 2014. Even when all of these phased increases are implemented, the threshold for small schools will still be significantly lower than the minimum of 28 pupils that was required for the appointment of a second teacher in schools prior to the mid-1990s.

The phasing of these measures can provide the schools concerned with time to consider the potential for amalgamation with other schools where this is feasible. If amalgamations take place, they will be voluntary and follow decisions taken by local communities and not by my Department. My Department will be notifying schools in the coming weeks of the new staffing arrangements for 2012-13 school year.

School Staffing

Olivia Mitchell

Question:

92 Deputy Olivia Mitchell asked the Minister for Education and Skills the position regarding a school (details supplied) in Dublin 14 which has two teachers allocated to it under the Giving Children an Even Break scheme; if the school is likely to lose a teacher; and if he will make a statement on the matter. [4611/12]

The announcement I made on 11 January in relation to my Department reporting to me within four weeks refers only to the impact of the withdrawal of certain posts allocated under previous disadvantaged schemes in DEIS Band 1 and Band 2 primary schools. The school to which the Deputy refers is not included as part of this report as the school in question is not included in the DEIS programme but retained, on a concessionary basis, teaching posts from previous disadvantaged schemes.

My Department is finalising the staffing allocations for schools for 2012-13 and is not in a position at the moment to give details as to how this measure affects individual schools. In addition to the budget measures, consideration must be given to the effect of increases and decreases in enrolment on schools' staffing entitlements annually. Schools will be notified in the coming weeks of their staffing entitlements under the new arrangement for 2012-13.

Charlie McConalogue

Question:

93 Deputy Charlie McConalogue asked the Minister for Education and Skills if he will clarify the impact that budget 2012 will have on a school (details supplied) in County Donegal; and if he will make a statement on the matter. [4744/12]

The criteria used for the allocation of teachers to schools is published annually on my Department's website. The key factor for determining the level of staffing resources provided at individual school level is the staffing schedule for the relevant school year and pupil enrolments on the previous 30 September. The relevant appointment and retention figures for mainstream staffing for the coming school year have been published on the Department's website.

However, the staffing arrangements in schools for the 2012/2013 school year can also be affected by changes in their enrolment, the impact of other budget measures and the reforms to the teacher allocation process. The reform of the allocation process is designed to bring a more equitable distribution of existing posts between schools so there will inevitably be some schools that will lose posts and some schools that will gain posts.

My Department's focus is on implementing the staffing arrangements for the coming school year and I do not propose to divert scarce staffing resources to deal with the individual type queries from the Deputy. My Department will be notifying schools in the coming weeks of the new staffing arrangements for 2012/13 school year.

Departmental Reports

Michael McGrath

Question:

94 Deputy Michael McGrath asked the Minister for Public Expenditure and Reform if the interdepartmental group on the sale of State assets has yet reported to Government; if he intends to publish this report; and if he will make a statement on the matter. [4661/12]

Two inter-departmental groups were established in 2011, one to consider the best approach in achieving a part-sale of ESB, including energy policy, regulatory, legal, financial and economic considerations, and a second group to examine other possible disposal candidates in order to inform any further decisions that the Government may wish to make. Both of these groups reported in December, 2011. However, while these reports have been considered and discussed by relevant Ministers and by the Economic Management Council, they have not yet been considered by the Government as a whole.

I do not propose to publish either of the reports as they both contain highly sensitive commercial information in relation to the assets in question.In the hands of potential investors and/or corporate finance and other advisers, such information could seriously impede the State’s ability to optimise potential receipts from any assets to be sold. The final composition and scale of the asset disposal programme requires full government consideration and agreement and the House will be fully briefed on the matter when the Government has taken its decision.

Jobs Initiative

Willie O'Dea

Question:

95 Deputy Willie O’Dea asked the Minister for Public Expenditure and Reform if he will detail, in tabular form, the amount allocated for the years 2011, 2012, 2013, 2014 and 2015 for each current expenditure measure announced in the jobs initiative; the revised allocation following any subsequent policy decision; the outturn in 2011 for each measure; and if he will make a statement on the matter. [4720/12]

The Government intention in introducing the Jobs Initiative 2011 was to focus our now more limited resources on measures that offer the greatest potential for expansion and employment creation in the domestic economy. The Jobs Initiative 2011 is one element of a wider strategy to support economic activity. The aim is to target key sectors of the economy that can assist in getting people back to work, providing opportunities for those who have lost their jobs to re-skill and building confidence in order to encourage consumer activity.

Given our commitments under the Joint EU/IMF Programme of Financial Support, and our current public finance difficulties, the Jobs Initiative 2011 was constructed to be budgetary neutral over the period to 2014. Funding of current expenditure measures announced in the Jobs Initiative is being met from a combination of re-prioritisation of existing resources and additional funding arising from the introduction of a temporary levy on pension funds. The total additional current expenditure to specified areas of €29 million in 2011 was to be funded by reallocations of €18 million from within existing current resources and €11 million from the introduction of the levy on pension funds in 2011.

In a full year the total additional current expenditure to specified areas of €45 million was to be funded through €15 million of the additional expenditure from within existing resources and €30 million from the levy on pension funds. The full set of current expenditure measures are set out in the table. The detailed allocations for voted expenditure in 2012 and the provisional outturn for expenditure in 2011 will be published next month as part of the Revised Estimates for Public Services 2012.

Current Expenditure

Measure

Cost 2011€m

Cost Full Year €m

Labour Activation An additional 20,900 places will be made available for training, education and upskilling under the measures outlined below.National Internship SchemeThis is a time limited scheme operating for two years only with 5,000 places. Internship placements will operate for a 6 to 9 month period with the payment of €50 per week additional to social welfare entitlements. It will operate in the private, public and voluntary sectors.3rd level/SpringboardThis provides 5,900 places for 3rd level places/spring board at level 6 and over of the National Framework of Qualifications. It will be targeted at those exiting sectors with structural unemployment.Back to Education InitiativeThis provides 3,000 places in back to education part time modules mainly at levels 1-4 and some at 5-6 on the National Framework of Qualifications. These places will be targeted at adults with less than upper second level education.Specific skills training (long-term)This provides 1,000 places in specific skills long term training at levels 4-6 on the National Framework of Qualifications to be delivered by FAS. These places will be targeted at adults existing sectors with structural unemployment.Specific skills training (short-term)This provides 5,000 places in specific skills short term training at levels 4-6 on the National Framework of Qualifications to be delivered by FAS. These places will be targeted at adults existing sectors with structural unemployment.Post Leaving Certificate (PLC)This provides 1,000 places in PLC courses which are generally one year, full-time courses at NFQ Levels 5 and 6. PLC courses are aimed at school leavers and adults returning to education who wish enhance their employability and re-enter the labour market.

29

45

Education Relaxation of the Employment Control Framework for the Higher Education Sector by the removal of the numbers ceiling on non-Exchequer funded specialist posts funded on a full cost recovery basis, including the deferred pension cost. (Similar type arrangements to also apply to contract posts involved in research activity in non commercial state agencies).

TourismShort-term Visa Waiver Programme This measure will apply to short stay visitors of 14 nationalities who ordinarily require a Visa to enter the State and will apply over a period from July 2011 to October 2012. Under the proposal, potential visitors who are in possession of a valid visa to enter the UK will have that Visa recognised by Ireland as sufficient to lawful entry to the State for short stay tourism and business purposes.

Willie O'Dea

Question:

96 Deputy Willie O’Dea asked the Minister for Public Expenditure and Reform if he will detail, in tabular form, the amount allocated for the years 2011, 2012, 2013, 2014 and 2015 for each capital expenditure measure announced in the jobs initiative; the revised allocation following any subsequent policy decision; the outturn in 2011 for each measure; and if he will make a statement on the matter. [4721/12]

The capital expenditure measures in the Jobs Initiative announced by the Minister for Finance last year applied to 2011 only. The aim of these measures was to accelerate capital works that are shovel ready, have a local focus and are labour intensive. Schools and secondary roads works were identified as being the most appropriate for such purposes, while also representing areas where investment has broader benefits to society and the economy.

The Jobs Initiative provided an additional €30 million for labour intensive school works and associated works in 2011 over the existing allocation. Some €20 million of this was reallocated by the Minister for Education and Skills from within his own Department's allocation and the remaining €10 million was provided to the Department from the proceeds of the new pension levy announced in the Initiative. This was allocated to "ready-to-go" projects to be delivered by schools.

The Jobs Initiative also provided for an additional €60 million to be reallocated from within the Minister for Transport, Tourism and Sport's overall allocation to invest in our regional and local roads to carry out much-needed surface restoration and road reconstruction works. This important, remedial work allowed local authorities to bring forward important projects to 2011 that would not otherwise have progressed until 2012.

Sale of State Assets

Willie O'Dea

Question:

97 Deputy Willie O’Dea asked the Minister for Public Expenditure and Reform the proportion of the amount raised from the sale of State assets that may be used for job creation; the formula for determining that proportion; and if he will make a statement on the matter. [4722/12]

As I have already informed this House, in our discussions during their recent mission, the Troika signalled that, in the context of the Government pursuing an ambitious programme of asset disposals, they would be prepared to agree to the retention by the Government of a sizeable amount of the proceeds generated from such disposals for reinvestment in job creation initiatives in the economy. However, the actual amounts or proportions involved remain to be agreed within the context of a final agreement on the overall scale and composition of the programme to be pursued. When this is finalised, the House will be fully briefed on these matters.

Public Sector Reform

Ray Butler

Question:

98 Deputy Ray Butler asked the Minister for Public Expenditure and Reform, further to Parliamentary Question No. 152 of 11 January 2012, when the public service-wide review of allowances announced in budget 2012 will be published; if the changes announced by him on 5 December 2011 and the review of allowances regarding payment of qualification allowances will have an effect on teachers who are currently studying but have not yet graduated; and if he will make a statement on the matter. [4487/12]

As announced in my address to Dáil Éireann on Expenditure Estimates 2012 on 5 December 2011, public service bodies have to achieve a reduction of 5% in the cost of allowances and premium payments in 2012. Because of the variances and complexities of allowances across the public service, Departments have been asked to forward information, including costs, in relation to each allowance and premium payment specific to their Department or sector, as appropriate. Where a Department considers that it is necessary to retain an allowance or a premium payment, as is or modified, it is necessary that a thorough and considered business case be submitted to inform the review. Departments have been requested to forward the required information, and business cases, where relevant, before 31 January 2012; my Department intends to complete the review of business cases submitted shortly thereafter.

The Minister for Education and Skills announced, as part of Budget 2012, changes to the rules governing payment of qualification allowances to teachers pending completion of the public service-wide review of allowances. He has indicated in that context that the position of existing teachers who, on 5 December 2011, were undertaking courses will be considered in the context of the public service-wide review of allowances.

Employment Rights

Dominic Hannigan

Question:

99 Deputy Dominic Hannigan asked the Minister for Public Expenditure and Reform the status of employees of Eircom who once had civil servant status when the company was owned and operated by the Department of Posts and Telegraph then Telecom Eireann and now Eircom; if they are in a position to move back into the public service if their original contract was a public sector one; the provisions he made for these workers when Eircom was privatised; and if he will make a statement on the matter. [4673/12]

The Postal and Telecommunications Services Act 1983 provided for the establishment of Bord Telecom Éireann and An Post. The Act provided for both companies to accept into employment on the vesting day every person who immediately before the vesting day was a member of the staff of the Department of Posts and Telegraphs and was so designated by the Minister for employment by the companies.

The Act also provided that staff who transferred to either company would not, while in the service of the company, receive a lesser scale of pay or be brought to less beneficial conditions of service than the scale of pay to which he/she was entitled and the conditions of service to which he/she was subject immediately before the vesting day. The Act does not provide for the appointment of such staff to other public service posts.

Employment Support Services

Dominic Hannigan

Question:

100 Deputy Dominic Hannigan asked the Minister for Jobs, Enterprise and Innovation the consideration he has given to the possibility of an internship programme for persons who are not on social welfare but are working part-time to gain work experience; the talks he has had with employers groups regarding such a scheme; and if he will make a statement on the matter. [4484/12]

The Government launched a new national internship scheme, JobBridge, on 1st July last year. JobBridge provides work experience for new entrants to the labour market after training or education, and to unemployed workers seeking to learn new skills.

The scheme provides for up to 5,000 work experience placements in the private, public and voluntary sectors. Participants must be signing on the Live Register for at least three months in order to apply. The scheme comes under the remit of the Minister for Social Protection, Ms Joan Burton TD, and is overseen by a Steering Group which monitors the scheme on an on-going basis to ensure that it offers quality work experience to participants.

Over 3,500 interns had started their internships with host organisations up to 19th January and a further 630 participants transferred to JobBridge from the Work Placement Programme. A further 1,704 internship opportunities were available on the JobBridge website last week.

JobBridge has become firmly established as a popular internship scheme in the space of just six months and has attracted very strong interest from employers throughout the country. While the current scheme is only open to those who are on the Live Register for three months or more, it is always open to companies to offer internships outside the parameters of JobBridge to those do not satisfy the qualifying criteria for the scheme. In this context, and given the high rate of uptake to date on JobBridge, I see no value in establishing an alternative internship scheme supported by the Government.

Departmental Agencies

Seamus Kirk

Question:

101 Deputy Seamus Kirk asked the Minister for Jobs, Enterprise and Innovation if he is satisfied with the adequacy of staff cover in the Industrial Development Agency and Enterprise Ireland; and if he will make a statement on the matter. [4599/12]

As part of the Employment Control Framework, which is the mechanism for the management of reduction of overall staff numbers, my Department has agreed staff numbers and annual operational ceilings with the Department of Public Expenditure and Reform. These relate to the staffing levels of my Department, its Offices and agencies, including Enterprise Ireland and IDA Ireland.

Enterprise Ireland is responsible for the development and promotion of the indigenous business sector. The agency's mission is to accelerate the development of world-class Irish companies to achieve strong positions in global markets resulting in increased national and regional prosperity. Enterprise Ireland works closely with individual companies and sectoral groups, offering a wide range of services.

IDA Ireland's mandate is to attract foreign direct investment (FDI) in manufacturing and internationally-traded service industries into Ireland, and to support new and existing FDI operations so as to maximise the related industrial employment, output, exports, economy expenditures including wages, and corporation tax contributions.

To deliver on the reduced staffing numbers will be, of course, very challenging and will mean delivering services in an even more efficient manner. My Department will continue to work closely with both agencies to assist them in meeting the challenges they face in carrying out their mandates.

Company Closures

Seamus Kirk

Question:

102 Deputy Seamus Kirk asked the Minister for Jobs, Enterprise and Innovation if he has consulted with any agencies or a company (details supplied) regarding the future use of Dundalk and Kilkenny brewery sites; and if he will make a statement on the matter. [4600/12]

While the centralisation of the company's brewing activities in St. James's Gate has been signalled since 2008, and the major new investment in that location is to be welcomed, I was disappointed to hear that the closures in Dundalk and Kilkenny would now materialise. I am extremely conscious of the anxiety that the proposed closures will create for the workers involved and their families as well as the local communities. The Dundalk site is now scheduled for closure in July 2013 and the Kilkenny site in December 2013 subject to planning and construction timelines at St James's Gate.

The future use of the sites is a matter for consideration by the company concerned, but I understand from Enterprise Ireland that the company plans to retain the sites for a number of years. The agency will continue to engage proactively with the company in relation to seeking new investments to retain and grow jobs in Ireland.

Work Permits

Bernard J. Durkan

Question:

103 Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation if a work permit will issue in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [4683/12]

My Department processes applications in respect of the different types of employment permits and all applications are processed in line with the Employment Permits Act 2006. I wish to advise the Deputy that this Work Permit application was refused on 13 December 2011 on the grounds that it is current Government policy to issue new employment permits only in respect of:

highly skilled, highly paid positions or;

non-EEA nationals who are already legally resident in the State on valid employment permits or;

positions requiring specialist or scarce skills, expertise or qualifications which cannot be filled elsewise.

Furthermore, new Work Permit applications can only be considered where it is established that the position has been advertised with FÁS/EURES for a period of eight weeks and for at least six days in both local and national newspapers. In addition, it appeared from the information supplied that the proposed employee's immigration permission in the State precluded them from entering full-time employment.

The applicant was notified of this decision in writing and of his right to appeal within 21 days. As no appeal was received in the Employment Permits Section within this timeframe the fees in this case will be refunded to the applicant. In these circumstances, therefore, this application cannot be re-visited.

Bernard J. Durkan

Question:

104 Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation the extent to which a person (details supplied) in County Kildare qualifies for entitlement to a work permit; if it extends to their spouse; and if he will make a statement on the matter. [4684/12]

My Department processes applications in respect of the different types of employment permits and all applications are processed in line with the Employment Permits Act 2006. The Employment Permits Section informs me that it has no record of a permit being applied for or issued in respect of the named individuals.

However, I wish to advise the Deputy that it is current Government policy to issue new employment permits only in respect of:

highly skilled, highly paid positions or;

non-EEA nationals who are already legally resident in the State on valid employment permits or;

positions requiring specialist or scarce skills, expertise or qualifications which cannot be filled elsewise.

In addition, the Department of Justice and Equality determines the immigration status of persons within the State. This status will determine the bearers right to access the labour market with or without an employment permit. Further information and the conditions that apply to the obtaining of new employment permits in respect of foreign nationals and their spouses can be found at my Department's website at www.djei.ie.

Departmental Agencies

Brendan Smith

Question:

105 Deputy Brendan Smith asked the Minister for Jobs, Enterprise and Innovation the position regarding the Industrial Development Agency Border regional office in Cavan town; the number of staff that are employed there on a full-time basis; the role of this particular office at present; and if he will make a statement on the matter. [4742/12]

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

The management and location of IDA Ireland's staff is a day to day operational matter for the Agency and not one in which I have a function. IDA Ireland's Head Office is located in Dublin and the Agency has a number of regional offices throughout the country as well as a network of marketing offices globally. IDA Ireland decides where it needs its resources in order that it can meet its strategic goals.

I am informed by IDA Ireland that the Agency continues to retain an office in Cavan, with one full time employee concentrating on client facing activities. The North East Region has one Gateway location at Dundalk and two Hub locations at Cavan and Monaghan, and as such will continue to be a key location of focus for the winning of FDI.

As well as marketing the region for new greenfield investment, IDA Ireland continues to work with existing clients to broaden their mandate in Ireland and to continue to re-invest in their sites within the region. The North East Region has 33 IDA supported companies employing 2,381 people. In Co. Cavan there are 6 IDA Ireland supported companies employing 1,016 people while Monaghan has 6 such companies employing 285 people.

I have every confidence in the abilities of IDA Ireland's Board and senior management team to manage the resources available to it so as to enable the Agency to continue to win FDI for this country even in the face of the most difficult economic circumstances in which we find ourselves.

Social Welfare Code

Terence Flanagan

Question:

106 Deputy Terence Flanagan asked the Minister for Social Protection the position regarding free travel (details supplied); and if she will make a statement on the matter. [4534/12]

My Department has no plans to abolish free travel for old age pensioners. The current free travel scheme provides free travel on the main public and private transport services for those eligible under the scheme. These include road, rail and ferry services provided by companies such as Bus Átha Cliath, Bus Éireann and Iarnród Éireann, as well as Luas and services provided by over 90 private transport operators. In 2011 there were almost 730,000 people in receipt of free travel at a cost of €76 million.

I appreciate the important role that free travel plays in promoting social inclusion and preventing the isolation of elderly people. However, all of the schemes operated by my Department, including free travel, were examined in the context of the Comprehensive Review of Expenditure and continue to be kept under review given the on-going need for savings. The Review continues to inform my decisions in relation to future spending. Funding for the free travel scheme was frozen by the previous Government at 2010 levels of expenditure as outlined in the National Recovery Plan 2011-2014 and the 2011 Budget. This cap was confirmed in the 2012 Budget.

Civil Registration Service

Joanna Tuffy

Question:

107 Deputy Joanna Tuffy asked the Minister for Social Protection if she will provide an update on a newspaper report that there are plans to provide for compulsory registration of unmarried fathers on the birth certificate of a child; if this is in order to implement the recommendation of the Law Reform Commission to link compulsory registration of unmarried fathers with automatic guardianship for those fathers, a reform that has been called for by the commission in its 2010 report on legal aspects of family relationship but also its report on the status of children in 1982; and if she will make a statement on the matter. [4624/12]

The Law Reform Commission, in its report Legal Aspects of Family Relationships, makes recommendations relating to the conduct of family relationships, including compulsory joint registration of the birth of a child where the parents are not married to each other. The Commission also recommended that compulsory joint registration be linked to automatic joint parental responsibility (guardianship).

It is my intention to seek the approval of the Government for the drafting of heads of a bill to amend the Civil Registration Act 2004 to include the recommendations of the Law Reform Commission as they apply to civil registration matters, including joint compulsory registration of births by parents where they are not married to each other. Responsibility for guardianship rests with the Minister for Justice and Law Reform.

Social Welfare Code

Simon Harris

Question:

108 Deputy Simon Harris asked the Minister for Social Protection if her attention has been drawn to a loophole in governing legislation that grants a block exemption to certain public sector workers which absolves them of the requirement to pay PRSI on secondary income streams and unearned income such as rental and investment income as well as income from dividends, deposits and savings and from overseas investments; if she intends to close this loophole; and if she will make a statement on the matter. [4626/12]

Permanent and pensionable employees in the public service, other than those who were recruited after 6 April, 1995, are liable to pay social insurance contributions at modified PRSI rates during their working lives. Subject to having the required number of PRSI contributions, employees who pay modified contributions may be entitled to the following payments: (a) widow's/widower's (contributory) pension; (b) guardians payment (contributory); (c) bereavement grant, and (d) carer's benefit. Modified rate contributions are not reckonable for establishing entitlement to state pension contributory.

While these workers currently pay PRSI on earnings derived from their civil/public service employment, they do not pay PRSI on any other stream of income, whether that additional income is earned from a trade or profession or from unearned sources such as income from dividends, deposits and savings and from overseas investments.

One of my key goals in the Department is to reform the system of social protection to put it on a sounder financial footing in the future. One of the matters I am most concerned about is the deficit in the Social Insurance Fund. It is my intention to widen the PRSI income base to make certain types of unearned income, such as those outlined above, liable to PRSI. Any proposal to bring additional sources of income within the base on which PRSI is charged would have to be considered taking account of all of the implications, including the potential for providing access to additional social insurance entitlements.

Employment Support Services

Dominic Hannigan

Question:

109 Deputy Dominic Hannigan asked the Minister for Social Protection the consideration she has given to extending the JobBridge scheme to persons who are working in part-time jobs that are not giving them the experience that is directly related to their qualifications; if she has considered the possibility of a different internship programme for persons who are not on social welfare but are working part-time to gain work experience; and if she will make a statement on the matter. [4483/12]

In order to qualify for an internship, an individual must be in receipt of a live jobseekers claim and have been in receipt of jobseekers allowance or jobseekers benefit, or signing for credits, for a minimum of three of the previous six months. Time spent of certain government sponsored training may also be taken into account when calculating eligibility. Providing they fulfil all Jobbridge eligibility criteria regarding jobseekers allowance/benefit, persons in part-time employment can participate in JobBridge, the National Internship Scheme provided that their employer is not the provider of the internship.

A standard Internship working week will range from 30-40 hours per week. Therefore an intern will be required to participate on the scheme for a minimum of 30 hours and a maximum of 40 hours per week. Hence, an additional requirement is that the part-time employment does not interfere with the minimum weekly hours (thirty) of the internship.

My Department continues to monitor and review the eligibility criteria for the JobBridge programme on an ongoing basis. The Department of Social Protection has invited tenders for consultancy for an evaluation of JobBridge, National Internship Scheme for the Department.

The Department requires this Project to be undertaken to assess the design, delivery and impact of the JobBridge scheme on the unemployed. It should also assist the Department in making further policy decisions on the benefit of work placement programmes in the overall context of the Government's activation policy which is to engage with every unemployed individual to provide them with a pathway to employment and to prevent and reduce long term unemployment.

Individuals who are not in receipt of social welfare payments and are working part-time may also access the Work Placement Programme wherein there is a requirement to work 25 hours per week with a Host Organisation.

Social Welfare Appeals

Robert Troy

Question:

110 Deputy Robert Troy asked the Minister for Social Protection if she will expedite a carer’s allowance application in respect of a person (details supplied). [4513/12]

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 and 2011 when the intake rose to 32,432 and 31,241 respectively. 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.

Tom Fleming

Question:

111 Deputy Tom Fleming asked the Minister for Social Protection when a decision will issue on an illness benefit appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [4590/12]

Payment of illness benefit, to the person concerned, was disallowed by a Deciding Officer following an examination by a Medical Assessor of the Department who expressed the opinion that she was capable of work. An appeal was registered on 17th January 2012 and the Social Welfare Appeals Office has advised me that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed. 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

Robert Dowds

Question:

112 Deputy Robert Dowds asked the Minister for Social Protection if a person who has been on a Tús work placement may go directly from Tús to a community employment scheme. [4595/12]

Tús, the community work placement initiative introduced during 2011, will provide short-term, quality work opportunities for those who are unemployed for more than a year when fully operational. As of 20th January 2012, 2,395 persons are engaged with 5,000 to be engaged when Tús is fully operational later this Spring. Tús is focused on those people who are on the live register for 12 months or more and in receipt of jobseeker's allowance.

Participants are identified by the Department of Social Protection and following selection, are referred to one of the 52 Local Development Companies or Údarás na Gaeltachta where their skills and interests are profiled and matched to available positions offered by the community, voluntary and not-for-profile sector locally. Given that the first participants will complete their engagement with Tús in July and August 2012, consideration is being given to the future opportunities that can be made available, including access to community employment and other activation measures.

Question No. 113 answered with Question No. 30.

Mattie McGrath

Question:

114 Deputy Mattie McGrath asked the Minister for Social Protection, further to Parliamentary Question No. 298 of 17 January 2012, if her attention has been drawn to an inaccuracy in her reply where she stated that community employment participants can continue to avail of education and training programmes that are available to them free of charge from existing State funded providers; if her attention has been drawn to the fact that South Tipperary Vocational Education Committee informed a CE scheme that participants could no longer avail of courses run by the VEC for free and that the CE scheme would have to pay for any training availed of by a CE participant; if she will clarify the position; and if she will make a statement on the matter. [4601/12]

Circular Letter 0076-2011 issued by the Department of Education and Skills to the Chief Executive Officers of the VECs is clear that those who met the VEC criteria are eligible for free training, including those on Community Employment (CE) programmes.

"Literacy is fundamental to personal fulfilment, active citizenship, social cohesion and employability. For the purposes of this circular, Adult Literacy is the provision of basic education, including reading, writing and numeracy skills, and ICT for adults who wish to improve their literacy and numeracy competencies to enhance their functional participation in personal, social and economic life.

The target cohort for adult literacy programmes are those adults with less than upper second level education. It is recognised that there are those who have upper second level education but whose literacy and numeracy skills are less than or equivalent to Level 3 on the NFQ and VECs may include this cohort for programmes. All VEC adult literacy programmes are offered free-of-charge to any person over 16 years of age who fulfil the criteria outlined in the points above."

South Tipperary VEC is not aware of any request being made and having been refused. They are currently providing literacy tuition to one CE scheme at no cost to that scheme. Since the CE scheme funding was cut, the VEC has provided literacy tuition at no cost, as above.

Social Welfare Benefits

Eric J. Byrne

Question:

115 Deputy Eric Byrne asked the Minister for Social Protection if she will outline the specific details of the back to work programme, the numbers involved and the rationale behind same; and if she will make a statement on the matter. [4605/12]

There are two back to work schemes available to assist people on certain social welfare payments who wish to become self-employed: namely the back to work enterprise allowance (BTWEA) and the short term enterprise allowance (STEA).

The BTWEA is designed to provide a monetary incentive for people who are dependent on certain social welfare payments to develop a business while allowing them to retain a reducing proportion of their qualifying social welfare payment, over two years: 100% in year 1 and 75% in year 2. In the case of jobseekers, the qualifying period required for access to the BTWEA is 12 months, provided a person has an underlying entitlement to jobseeker's allowance. At the end of 2011, there were 10,751 participants on this scheme.

The STEA provides immediate access to support where people who have lost their jobs and qualify for jobseekers' benefit wish to set up a business. Payment under the scheme is at the same rate and for the same duration as their entitlement to jobseeker's benefit. There were 1,294 people availing of this scheme on the 31st December 2011. Under both schemes, the proposed business must be approved as viable and sustainable by an Integrated Development Company (Partnership) or a Department facilitator. Local social welfare offices also provide information and support services to people considering starting their own business. Details of all available schemes are on the Department's website www.welfare.ie.

Community Employment Schemes

Brendan Griffin

Question:

116 Deputy Brendan Griffin asked the Minister for Social Protection if she will consider a matter to do with to community employment schemes (details supplied); and if she will make a statement on the matter. [4641/12]

The Community Employment programme provides a very important and valued contribution to social employment, training and progression for unemployed people. Furthermore, many Community Employment schemes provide vital community services right across the country. There are currently 1,143 CE schemes in operation nationally with 23,300 participants. The overall estimated budget stands at €315,194 million for 2012.

The current review of financial resources initiated by the Department of Social Protection, commenced in January, with a time frame for completion by the end of March 2012. The outcomes will inform the overall approach to be taken by Department of Social Protection in prioritising spending while addressing the need for budget reductions. This review also includes an analysis of schemes income funding and generation that could be used to provide a contribution towards the CE schemes Material and Training budgets.

Social Welfare Code

Simon Harris

Question:

117 Deputy Simon Harris asked the Minister for Social Protection if she intends to extend full welfare benefits to self-employed persons on a par with PAYE employees; and if she will make a statement on the matter. [4654/12]

Self-employed persons are liable for PRSI at the Class S rate of 4% which entitles them to access long-term benefits such as State pension (contributory) and widow's, widower's or surviving civil partner's pension (contributory). Ordinary employees who have access to the full range of social insurance benefits pay Class A PRSI at the rate of 4%. In addition, their employers make a PRSI contribution of 10.75% in respect of their employees, resulting in the payment of a combined 14.75% rate per employee under full-rate PRSI Class A. (For employees earning less than €356 per week, the rate of employer's PRSI is 4.25%).

In this context it may be noted that self-employed workers generally achieve better value for money by paying social insurance compared to employees. In terms of benefits the 2005 Actuarial Review of the Social Insurance Fund found that the self-employed contributor can expect to receive over 10 times what he contributes to the social insurance fund compared to the employee who only gets 3 times what he and his employer contribute — despite the fact that the range of benefits available to employees is greater.

Any changes to the PRSI system to extend the full range of social insurance benefits to self-employed persons would have significant financial implications and would have to be considered in the context of a much more significant rise in the rate of contribution payable. I established the Advisory Group on Tax and Social Welfare last year to meet the commitment made in the Programme for Government. The Advisory Group will, inter alia, examine and report on issues involved in providing social insurance cover for self-employed persons in order to establish whether or not such cover is technically feasible and financially sustainable.

In addition, the Actuarial Review of the Social Insurance Fund which is due to be completed in mid 2012 will, inter alia, examine this matter.

Social Welfare Appeals

Anne Ferris

Question:

118 Deputy Anne Ferris asked the Minister for Social Protection the position regarding an appeal for jobseeker’s allowance in respect of a person (details supplied) in County Wicklow; and if she will make a statement on the matter. [4677/12]

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 and 2011 when the intake rose to 32,432 and 31,241 respectively. 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.

Social Welfare Benefits

Bernard J. Durkan

Question:

119 Deputy Bernard J. Durkan asked the Minister for Social Protection the length of time now taken to process an application for carer’s allowance; the number of applications received in each of the past two years and to date in 2012; the number refused, granted or pending; the most common reasons for refusal; and if she will make a statement on the matter. [4685/12]

The information requested in respect of carer's allowance applications is contained in the table.

Year

Number Received

Number awarded

Number refused

Pending at year end

2010

18,212

8,769

6,972

3,769

2011

17,259

7,467

5,227

7,765

The average time taken to award a claim for carer's allowance for the quarter to end September 2011 was 17 weeks. The average time to award for the last quarter of 2011 is unavailable as, due to the phased introduction of a new claims processing system in the carer's allowance area, new claims are being processed on the new system while older claims are still being processed on the old system.

As mentioned above, a major service delivery modernisation project is underway to improve the efficiency of administration of the carer's allowance scheme. This involves the development of information technology functions and associated business process re-organisation. The first tranche of new carer's allowance claims began to be processed under the new system in August 2011. It is anticipated that the new system will introduce significant processing efficiencies and a quicker and more responsive service to the customer. Accordingly, the project is being given high priority and involves a significant level of time and commitment from the relevant staff in the Department. This has had a short-term negative impact on claim processing times which is expected to continue until the completion of the modernisation project when all existing carer's allowance claims will be transferred onto the new processing system.

The most common reason for refusal is that the medical evidence supplied indicates that full time care is not required as laid down in Social Welfare legislation. Other common reasons for refusal include: full time care not being provided; means that exceed the limit for the scheme; and working or attending a training course for more than 15 hours per week. It should be noted that a refusal may be made on more than one of these grounds.

Bernard J. Durkan

Question:

120 Deputy Bernard J. Durkan asked the Minister for Social Protection the average time taken to process an application for contributory or non-contributory old age pension on a monthly basis over the past two years and to date in 2012; and if she will make a statement on the matter. [4686/12]

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

Table 1: State pension (contributory) claim processing times:

State Pension Contributory

2010 — Average weeks to award claims

2011 — Average weeks to award claims

January

7

7

February

7

5

March

6

5

April

7

6

May

9

6

June

9

6

July

9

4

August

11

5

September

8

6

October

6

4

November

6

3

December

7

3

Table 2: State pension (non-contributory) claim processing times:

State Pension (non-contributory)

2010 — Average weeks to award claims

2011 — Average weeks to award claims

January

9

10

February

8

9

March

8

9

April

9

9*

May

11

12

June

10

15

July

8

10

August

8

7

September

9

9

October

9

9

November

10

9

December

10

10

*Section IT system changed.

The Department is committed to delivering the best possible service to its customers. All scheme areas are subject to continuous business process improvement supported by modern technology. Claims are processed in the most efficient and expeditious way possible, having regard to the eligibility conditions that apply to each scheme. The Department has already automated the State pension (contributory) scheme and most recently, as part of the Department's programme of service delivery modernisation, the State pension (non-contributory) has been moved onto the new IT administration platform. The new system will introduce significant processing efficiencies and a quicker and more responsive service to customers.

Question No. 121 answered with Question No. 46.

Bernard J. Durkan

Question:

122 Deputy Bernard J. Durkan asked the Minister for Social Protection the total number of applications for invalidity pension received in her Department in each of the past three years and to date in 2012; the number refused, granted or pending in the same period; and if she will make a statement on the matter. [4688/12]

The information requested is provided in the table.

Year

Claims received

Claims cleared

Claims awarded

Claims disallowed

Claims pending at year end

2009

7,475

8,364

5,431

2,933

1,541

2010

8,774

7,614

3,597

4,017

2,701

2011

14,621

10,508

*1,742

*4,327

6,814

1. The figure shown for claims awarded and disallowed in 2011 refers to those dealt with from June-December 2011 only.

2. A breakdown of decisions awarded and disallowed is not available for the period January to end May 2011 as a dual system was in operation prior to migration of all Invalidity Pension Claims to the new computer platform.

3. Figures for January 2011 will not be available until the end of January.

Bernard J. Durkan

Question:

123 Deputy Bernard J. Durkan asked the Minister for Social Protection the average length of time taken to process an application for contributory or non-contributory old age pension in each of the past three years and to date in 2012; the numbers granted, refused or pending; the most common reason for refusals; and if she will make a statement on the matter. [4689/12]

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

Table 1: State pension (contributory) processing statistics:

State Pension Contributory

2009

2010

2011

Claims Pending beginning of year

4,006

3,035

2,698

Registered

30,595

28,936

32,193

Awarded

17,296

20,248

23,079

Disallowed*

11,378

9,688

7,170

Cleared

38,318

34,475

34,961

Claims Pending at end of year

3,035

2,698

2,729

Average Weeks to Award

8

8

5

*The most common reason for refusal was conditions of entitlement not satisfied.

Table 2: State pension (non-contributory) processing statistics:

State Pension (non-contributory)

2009

2010

2011

Claims Pending beginning of year

1,415

1,639

1,507

Registered

10,802

9,835

10,200**

Awarded

7,811

7,191

6,876

Disallowed*

2,961

2,641

2,398

Cleared

10,950

9,916

9,838

Claims Pending at end of year

1,639

1,507

1,869

Average Weeks to Award

8

9

10

*The most common reason for refusal was the claimants' means being in excess of allowable limits.

**Estimated due to difficulties in collating the data for incoming claims during the period April-July 2011 in the transition to the new IT platform.

The Department is committed to delivering the best possible service to its customers. All scheme areas are subject to continuous business process improvement supported by modern technology. Claims are processed in the most efficient and expeditious way possible, having regard to the eligibility conditions that apply to each scheme. The Department has already automated the State pension (contributory) scheme, thereby delivering an improved customer service. Most recently, as part of the Department's programme of service delivery modernisation, the State pension (non-contributory) has been moved onto the new IT administration platform. The new system will introduce significant processing efficiencies and a quicker and more responsive service to customers.

Question No. 124 answered with Question No. 46.

Bernard J. Durkan

Question:

125 Deputy Bernard J. Durkan asked the Minister for Social Protection the number of applications for domiciliary care allowance received in her Department in each of the past three years to date in 2012; the number granted or refused over the same period; the most common reason for refusal; and if she will make a statement on the matter. [4691/12]

The Department has been accepting new claims for domiciliary care allowance (DCA) since 1 April 2009. Statistics relating to the allowance for the period prior to April 2009 are a matter for the HSE, the previous administrators of the scheme. The number of applicants for DCA that were received, awarded and refused in each year from April 2009 to 2011 is set out in table 1.

Table 1 — Domiciliary Care Allowance applications — 2009 to 2011

Applications received

Applications fully processed in year

Applications allowed incl. on review*

Applications disallowed

2009 (from 1st April)

3,389

2,823

1,220

1,603

2010

5,457

5,333

2,576

2,757

2011

5,525

5,396

2,502

2,894

(*Includes cases initially disallowed but allowed on review following receipt of additional information).

The main reason that a customer does not qualify for DCA is that the child does not satisfy the medical criteria for the allowance. In order to qualify for DCA, a child must have a disability so severe that it requires the child needing care and attention and/or supervision substantially in excess of another child of the same age. This care and attention must be given by another person, effectively full-time, so that the child can deal with the activities of daily living. The child must be likely to require this level of care and attention for at least 12 months.

Bernard J. Durkan

Question:

126 Deputy Bernard J. Durkan asked the Minister for Social Protection the total number of applications for disability allowance received in her Department in each of the past three years to date in 2012; the numbers granted, refused or pending in respect of the same period; and if she will make a statement on the matter. [4692/12]

The statistics requested are in the tabular statement.

Disability Allowance

Year

No. of Applications

No. Allowed

No. Disallowed

2009

20,794

10,179

9,677

2010

21,409

8,306

10,316

2011

24,264

9,246

14,116

The number of disability allowance applications pending at the end of December 2011 was 6,999.

Bernard J. Durkan

Question:

127 Deputy Bernard J. Durkan asked the Minister for Social Protection the number of cases currently before her Department wherein overpayment has occurred in respect of various social welfare payments and where her Department discovered such errors or were informed by the recipient; and if she will make a statement on the matter. [4693/12]

In 2010, total overpayments amounted to €83.4m across approximately 52,600 cases, representing 0.41% of total Departmental expenditure. Overpayments arising from activity suspected as fraudulent that year amounted to less than 0.1% of total Departmental expenditure, with a value of €25.9m across approx. 15,900 cases. The table gives the breakdown of the classification of 2010 overpayments:

2010 overpayments

% of total overpayments

Suspected Fraud

€25.9m

31%

Customer 3rd Party Error

€42.4m

51%

Dept Error

€5.2m

6%

Estate

€9.9m

12%

In 2010, recoveries amounted to €34.5 million (€32.9 in 2009). The overpayments figures for 2011 are not available at present as they are currently being audited by the Auditor and Comptroller General.

My Department is fully committed to recovering 100% of all overpayments, including those arising as a result of suspected fraud or error. Effective debt recovery is seen an integral part of the deterrent to fraudulent claiming. Debt holders should be aware that a Department of Social Protection debt will remain on their records until fully recovered. This will result in a reduction of all future entitlements up to and including state pension. Following the death of a customer who owes a debt, my Department has a claim on any estate remaining. Persons who have a debt and who are no longer dependent on social welfare are required to repay this debt as quickly as possible. My Department actively pursues the recovery of all overpayments including the initiation of civil proceedings where appropriate. In the Fraud Initiative 2011-13 which I launched last September, there is a particular emphasis on enhancing the recovery of social welfare overpayments, while taking full account of social inclusion objectives.

Bernard J. Durkan

Question:

128 Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which the number of applicants in receipt of various social welfare payments has fluctuated in each of the past three years to date in 2012 with particular reference to each such category of payment; and if she will make a statement on the matter. [4694/12]

I have attached, for your information, a table which sets out the number of recipients in each of the main weekly schemes managed by my Department at of the end of each year from 2008 to 2011 and the percentage variances in recipient numbers year on year.

Type of Payment

2008

Change 2009 over 2008

2009

Change 2010 over 2009

2010

Change 2011 over 2010

2011

State Pension (Contributory)

250,117

6%

265,102

6%

280,419

6%

296,995

State Pension (Transition)

7,242

16%

8,378

22%

10,206

19%

12,110

State Pension (Non-Contributory)

97,784

0%

97,798

-1%

97,179

0%

96,749

Pre-Retirement Allowance

8,872

-16%

7,468

-19%

6,021

-20%

4,820

Total Older People

364,015

4%

378,746

4%

393,825

4%

410,674

Widow’s, Widower’s or Surviving Civil Partner’s (Contributory) Pension

112,237

1%

113,108

1%

114,579

1%

115,762

Widow’s, Widower’s or Surviving Civil Partner’s (Non-Contributory) Pension

2,042

-2%

1,998

-1%

1,977

-1%

1,959

Deserted Wife’s Benefit

9,056

-4%

8,737

-4%

8,372

-4%

8,071

Deserted Wife’s Allowance

617

-11%

550

-11%

487

-16%

409

One Parent Family Payment

87,840

3%

90,484

2%

92,326

-2%

90,307

Total Widow’s, Widower’s or Surviving Civil Partner’s and One Parent Families

211,793

1%

214,877

1%

217,741

-1%

216,508

Type of Payment

2008

Change 2009 over 2008

2009

Change 2010 over 2009

2010

Change 2011 over 2010

2011

Maternity Benefit

23,421

-1%

23,294

1%

23,456

2%

23,947

Health and Safety Benefit

69

-29%

49

22%

60

-25%

45

Adoptive Benefit

68

-6%

64

-17%

53

15%

61

Guardian’s Payment (Contributory)

833

3%

860

7%

919

4%

955

Guardian’s Payment (Non-Contributory)

437

-4%

420

2%

429

3%

441

Total Child Related Payments

24,828

-1%

24,687

1%

24,917

2%

25,449

Illness Benefit

73,609

6%

77,665

5%

81,253

-10%

73,397

Invalidity Pension

53,725

-1%

52,922

-4%

50,766

-2%

49.792

Injury Benefit

846

-14%

726

15%

835

-7%

776

Interim Illness Benefit

525

-39%

318

18%

374

-13%

327

Disablement Pension

13,192

2%

13,520

1%

13,721

2%

13,993

Death Benefit (OIB Widows)

651

-2%

637

-1%

633

-1%

628

Disability Allowance

95,754

4%

99,576

2%

101,111

2%

102,866

Carer’s Benefit

2,249

-15%

1,917

-14%

1,642

0%

1,637

Carer’s Allowance

43,569

11%

48,223

5%

50,577

2%

51,666

Blind Pension

1,472

0%

1,467

1%

1,485

1%

1,496

Total Illness, Disability and Caring

285,592

4%

296,971

2%

302,397

-2%

296,578

Type of Payment

2008

Change 2009 over 2008

2009

Change 2010 over 2009

2010

Change 2011 over 2008

2011

Jobseeker’s Benefit

121,763

32%

160,122

-23%

123,457

-22%

96,044

Jobseeker’s Allowance

113,603

79%

203,248

29%

261,850

8%

283,929

Total Jobseeker’s Supports

235,366

54%

363,370

6%

385,307

-1%

379,973

Back To Work Allowance Employee

3,558

-43%

2,012

-58%

851

-79%

182

Back To Work Enterprise Allowance

Type of Payment

2008

Change 2009 over 2008

2009

Change 2010 over 2009

2010

Change 2011 over 2010

2011

Self Employed First Year

1,470

34%

1,966

155%

5,011

12%

5,617

Self Employed Years 2-4

3,134

-16%

2,625

12%

2,947

74%

5,134

Back To Education Allowance

7,886

101%

15,877

33%

21,147

17%

24,666

Part-Time Job Incentive Scheme

184

-6%

173

-7%

161

18%

190

Family Income Supplement

27,798

-7%

25,963

9%

28,223

2%

28,876

Farm Assist

7,496

20%

8,972

19%

10,714

6%

11,333

Total Employment Supports

51,526

12%

57,588

20%

69,054

10%

75,998

Supplementary Welfare Allowance

35,546

20%

42,775

-13%

37,413

-8%

34,597

Total Supplementary Welfare Allowance

35,546

20%

42,775

-13%

37,413

-8%

34,597

Type of Payment

2008

Change 2009 over 2008

2009

Change 2010 over 2009

2010

Change 2011 over 2010

2011

Rent Allowance

217

-12%

192

-7%

179

-11%

159

Total Miscellaneous Payments

217

-12%

192

-7%

179

-11%

159

Grand Total

1,208,883

14%

1,379,206

4%

1,430,833

1%

1,439,936

Turbary Rights

Denis Naughten

Question:

129 Deputy Denis Naughten asked the Minister for Arts, Heritage and the Gaeltacht, further to Parliamentary Question No. 287 of 8 November 2011, if he will provide an update on same; and if he will make a statement on the matter. [4479/12]

As each application under the voluntary bog purchase scheme involves a conveyancing transaction, each case differs in the time it takes to process. In addition, processing of applications on hand under this scheme has been slower than anticipated due to capacity constraints in undertaking this work. As stated in reply to Parliamentary Question No 287 of 8 November 2011, the Chief State Solicitor's Office (CSSO) forwarded the contract for the sale referred to by the Deputy to my Department for execution. The contract was reviewed by officials of my Department and a small discrepancy was found. My Department has contacted the CSSO with a view to resolving this discrepancy and closing the sale. Accordingly, I expect that the CSSO will be in contact with the applicant's solicitor shortly.

Architectural Heritage

Anne Ferris

Question:

130 Deputy Anne Ferris asked the Minister for Arts, Heritage and the Gaeltacht the progress that has been made in talks with the chairman and chief executive of the Bank of Ireland regarding the use of the bank’s College Green premises, Dublin, as a cultural institution; and if he will make a statement on the matter. [4529/12]

I refer the Deputy to my previous replies on this matter. I met with the Chair and Chief Executive of Bank of Ireland and had a constructive engagement on the issues. There have been no further developments in this regard.

Television Licence Fee

Terence Flanagan

Question:

131 Deputy Terence Flanagan asked the Minister for Communications, Energy and Natural Resources the position regarding television licences (details supplied); and if he will make a statement on the matter. [4531/12]

As the Deputy may be aware, the current TV licence system is such that, except for certain classes of social welfare recipients, if you own a television set in Ireland you are liable to pay a television licence. An Post is currently responsible for the collection of television licence fees and for identifying those persons who have unlicensed televisions sets.

The Programme for Government commits to examining the role and collection of the TV licence fee in light of existing and projected convergence of technologies and to transforming the TV licence into a household based Public Broadcasting Charge to be applied to all households and applicable businesses, regardless of the device used to access content. The issue of exemptions under any new Irish system is one which will have to be given detailed consideration when the type of model to be developed is agreed. That said, the current list of exemptions is likely to continue to apply to pensioners and those people who are entitled to the Household Benefit Package.

Salmon Management

Patrick Deering

Question:

132 Deputy Pat Deering asked the Minister for Communications, Energy and Natural Resources the amount of money that has been set aside for counting and restocking salmon in the River Barrow in 2012. [4622/12]

The Barrow is one of 141 rivers assessed nationally each year to determine whether they can be a) opened for salmon fishing, b) opened to salmon fishing on a catch and release basis, or c) closed to salmon fishing. These assessments show that it is substantially below its salmon conservation limit and stocks are being allowed to rebuild naturally in accordance with best international practise. In that context, restocking does not take place in the Barrow as, on foot of scientific and management advice, reliance on natural selection and habitat improvement is the best way to assist wild stocks to improve.

Increased upstream escapement of adult fish to spawn in high quality freshwater spawning and nursery waters is the best and most sustainable means to secure the future of River Barrow salmon. Over recent years, Inland Fisheries Ireland (IFI) has also carried out an extensive catchment-wide electrofishing survey in the Barrow to assess juvenile salmon abundance. A total of 84 sites were surveyed and salmon fry were present at 60 of these sites. The mean value recorded over the period surveyed in the Barrow catchment confirms that the Barrow is below the threshold which would allow the opening of the Barrow for catch-and-release angling.

In 2012 another juvenile electrofishing survey of the Barrow is planned. It is estimated that 32 field man days will be required to complete this survey. While this represents a significant investment the work involved is mainstreamed into IFI activity. Costs associated with the exercises undertaken on the rivers, including the Barrow, as part of the day to day functions of IFI personnel in the areas concerned, cannot be disaggregated from overall costs of IFI activities. I can, however, advise the Deputy that the work involved on the Barrow will be supported by additional expenditure of some €5,000 in 2012, which covers support expenditure for field staff and contract personnel from UCC, over and above the element of day to day functional costs.

Television Licence Fee

Billy Timmins

Question:

133 Deputy Billy Timmins asked the Minister for Communications, Energy and Natural Resources the position regarding the broadcasting charge (details supplied); and if he will make a statement on the matter. [4670/12]

The Programme for Government commits to examining the role and collection of the TV licence fee in light of existing and projected convergence of technologies and to transforming the TV licence into a household based Public Broadcasting Charge to be applied to all eligible households and applicable businesses, regardless of the device used to access content.

In line with this commitment, my Department is currently examining both the effectiveness and efficiency of the existing model of television licence fee collection in the context of the changing technological environment. It is also examining the applicability to the situation in Ireland of various international models for the funding of public service broadcasting.

Although subject to a degree of evasion, the existing TV licence fee system has provided a stable funding base for our public service broadcasters. The rationale for providing State funding for public service broadcasting is to provide an independent and reliable income flow that allows these corporations to attain their public service objects while ensuring they can maintain editorial independence. This is especially important in the context of news and current affairs.

The overall aim of Public Service Broadcasting is to provide services and content which cater for all interests in society, while ensuring that the varied elements of Irish culture and its intrinsic values are protected. Through the obligations placed on the Public Service Broadcasters and the criteria set for the funding of content through the Sound and Vision Scheme, the production of quality indigenous programming and the production of minority interests can be assured.

Whatever the system of funding, the rationale for providing funding will continue to apply and any changes that may be implemented on foot of the review must continue to provide a secure funding base for public service broadcasting and content, whilst also recognising the reality of new mechanisms to access such content and its pervasiveness in today's society. The principle underlying the proposal for the introduction of a Public Broadcasting Charge on eligible households and applicable businesses is that publicly-funded public service broadcasting is a public good and, as such, is of benefit to society in general.

Publicly-funded public service broadcasting and content are now available to everyone on an ever-increasing range of platforms and devices (radio, television, smart phone, pc, laptop and many other devices) and, in fact, access is not dependent on the ownership of a device. In short, everyone benefits from the availability of these services, regardless of how content is accessed or relayed to the public, and, therefore, it is my view that the cost should be borne by society as a whole.

All households and businesses will be subject to the charge, except for those that are specifically exempted. The issue of exemptions under any new Irish system is one which will have to be given detailed consideration when the type of model to be developed is agreed. That said, it is my expectation that the current exemptions in relation to pensioners and those entitled to the Household Benefit Package will continue to apply.

Local Authority Charges

Tom Fleming

Question:

134 Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government the properties that are exempt from the property tax; and if he will clarify what constitutes a ghost estate. [4477/12]

Brendan Griffin

Question:

155 Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if he will consider an exemption in respect of the property tax (details supplied); and if he will make a statement on the matter. [4640/12]

I propose to take Questions Nos. 134 and 155 together.

I intend to bring proposals to Government shortly on the establishment, membership and terms of reference of an inter-Departmental expert group to be tasked with designing a property tax. It will then be a matter for the Government to decide on the structure and modalities of the property tax in due course. An unfinished housing development is one which has not been fully completed in accordance with the conditions of the planning permission granted by the local authority. Unfinished housing developments eligible for a waiver from the household charge are listed in the Local Government (Household Charge) Regulations, 2012.

Dominic Hannigan

Question:

135 Deputy Dominic Hannigan asked the Minister for the Environment, Community and Local Government his plans to exclude pyrite homes from property or residential related tax until such a time as the home is free from pyrite; and if he will make a statement on the matter. [4615/12]

I understand the difficult and challenging situation faced by householders, who through no fault of their own, have to contend with the consequences of pyrite in their homes. I have established an independent Panel with the remit of seeking to facilitate a resolution of pyrite contamination in private housing. The Panel is progressing its work and I have asked the Chairperson of the Panel to complete this task as quickly as possible and submit a report to me early in 2012. I will give further consideration to the position of owners of certain pyrite affected houses upon receipt of the Panel's Report.

Appointments to State Boards

Clare Daly

Question:

136 Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the remuneration received by a person (details supplied) for their membership of the boards of the Housing Finance Agency and the Western Development Commission, and for their positions of designated manager of the Border Regional Authority and council member of Comhar. [4629/12]

Clare Daly

Question:

152 Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the members of the household charge project board and their remuneration; their annual budget and if the appointments were made by open competition or by another method. [4627/12]

Clare Daly

Question:

153 Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if the appointment of a person (details supplied) to the household charge project board has affected their position on the board of the Housing Finance Agency and the Western Development Commission, their position as designated manager of the Border Regional Authority, and their council membership of Comhar. [4628/12]

I propose to take Questions Nos. 136, 152 and 153 together.

The Local Government Management Agency (LGMA) is administering the household charge system on a shared service/agency basis for all county and city councils. The LGMA established a project board to advise it on the necessary arrangements to be put in place to manage and collect the charge on behalf of the county and city councils. The LGMA, local authorities and my Department are represented on the project board. There is no budget and no additional remuneration is paid to the officials participating on the board.

I understand that the person referred to in Questions Nos. 136 and 153 above did not receive any fees as a member of the boards of the Housing Finance Agency and the Western Development Commission, or as a Council member of Comhar, but is in receipt of an annual allowance of €3,809.21 as the designated manager of the Border Regional Authority. The person is no longer a member of the board of the Housing Finance Agency or of Comhar and the work of Comhar has been integrated into the National Economic and Social Council.

Waste Management

Ciara Conway

Question:

137 Deputy Ciara Conway asked the Minister for the Environment, Community and Local Government further to his consultation with stakeholders, the industry and the public in August 2011 in regard to a possible levy on packaging, his views on the introduction of container deposit legislation; and if he will make a statement on the matter. [4485/12]

Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste (the Packaging Directive) classifies items such as bottles, drink cans and containers as packaging. The Packaging Directive is based on the concept of producer responsibility, which effectively requires producers to contribute to the waste management costs of products which they have placed on the market.

Under the Directive, Ireland's requirement to achieve a 60% recovery rate for packaging waste in 2011 had already been exceeded by 2009, when a recovery rate of 70% was achieved. The material-specific recycling targets of 60% for glass and 50% for metals had also been achieved by 2009, with recycling rates of 76% and 50%, respectively, recorded. The Programme for Government contains a commitment to drive a waste reduction programme as part of the overall approach to sustainable waste management. A levy on packaging is one of the possible elements of this waste reduction strategy.

A period of initial public consultation on a possible levy on packaging concluded in August 2011. The main issues examined in this consultation included:

The overall views of stakeholders on a packaging levy;

How a packaging levy might operate;

International experiences of similar levies; and

How a possible packaging levy might be structured to best contribute to a reduction in packaging waste.

Following on from this consultation, I intend to commence a full review of the Producer Responsibility Initiative (PRI) model in Ireland in 2012, which will include a review of the packaging recovery and recycling system. The packaging analysis will build on the initial levy consultation and will examine other relevant issues in the packaging arena, such as deposit and refund. The final report will make recommendations for changes to PRI policy, which will ensure that Ireland is in a position to meet more challenging waste recovery and recycling targets in the future in the most cost-effective manner possible.

Retail Sector Developments

Brendan Griffin

Question:

138 Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government his views on the proposed changes to the retail planning guidelines (details supplied); and if he will make a statement on the matter. [4486/12]

The draft Guidelines for Planning Authorities on Retail Planning which issued for public consultation on 21 November 2011 are aimed at:

ensuring that the planning system plays a key role in supporting competitiveness in the retail sector;

advancing choice for the consumer while promoting and supporting the vitality and viability of city and town centres; and,

contributing to a high standard of urban design and encouraging a greater use of sustainable transport.

In response to the requirement in the EU/IMF Programme of Financial Support for Ireland for an economic analysis of the potential impact on competition and consumer prices of eliminating or relaxing the floorspace cap on retail premises, my Department and the Department of Jobs, Enterprise and Innovation commissioned Forfás to undertake an evidence-based and focused study to analyse the potential economic impacts of eliminating the cap on the size of retail premises. The draft Guidelines take into account the recommendations of the Forfás Study Review of the Economic Impact of the Retail Cap which is also published on my Department's website at www.environ.ie. The public consultation period closed on 20 December 2011 and a total of 102 submissions, including that of RGDATA, are now being considered for purposes of finalising the Guidelines.

Local Government Elections

Charlie McConalogue

Question:

139 Deputy Charlie McConalogue asked the Minister for the Environment, Community and Local Government if the boundary revisions of the local electoral areas will be changed in advance of the summer 2014 local elections in County Donegal; and if he will make a statement on the matter. [4490/12]

Unlike for Dáil constituencies, there are no constitutional or statutory requirements in relation to the frequency of local electoral area boundary reviews. The most recent reviews of local electoral areas were carried out in 1998 and 2008. The June 2009 local elections took place on the basis of the local electoral areas enacted following the 2008 review. The establishment of unified local authorities in Limerick and Tipperary will give rise to a review of the local electoral areas in these counties and requirements arising from any further Government decisions in relation to the ongoing programme of local government reform will also be considered.

The next local elections are due to take place in 2014 and I will give consideration to the need for a review of local electoral areas in the light of the final results from Census 2011 which are due at the end of March and which will give clear information on population change in local electoral areas. Other relevant factors, including the report of the Constituency Commission established in July 2011 to review Dáil and European Parliament constituencies and any related subsequent decisions of the Oireachtas will also be taken into account.

Planning Issues

Finian McGrath

Question:

140 Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government the position regarding rezoning in County Galway (details supplied). [4499/12]

The rezoning of the lands referred to in the Question was included in the proposed amendments to the Draft Galway City Development Plan 2011-2017 which was adopted on 25 January 2011 and which came into effect on 21 February 2011. In my role as a statutory consultee on the draft City Development Plan, my Department raised a number of concerns with the Council at the amendment stage of this plan. These concerns included that the proposed amendment did not reflect the strategic approach to commercial/retail areas previously identified in the Core Strategy in the Draft City Plan and would not provide for the proper and sustainable planning of the area.

The responsibility for zoning lands for specific purposes is a matter for planning authorities through their development plans and local area plans. Under the Planning Acts, the making, reviewing and varying of a development plan or local area plan is a reserved function of the elected members of the planning authority for the area. However, I intend to finalise the Retail Planning Guidelines for planning authorities by April 2012. My objective will be to strengthen national planning policy requirements for all planning authorities in relation to retail planning and the requirements in relation driving city and town centres as focal points for retailing.

Water and Sewerage Schemes

Jim Daly

Question:

141 Deputy Jim Daly asked the Minister for the Environment, Community and Local Government if he is in receipt of a request for funding from Cork County Council to assist with the installation of a new sewage treatment plant at Drinagh village, County Cork; and if he will make a statement on the matter. [4512/12]

Responsibility for drawing up proposals for the improvement or extension of existing wastewater schemes, or the provision of new wastewater schemes, rests with the local authorities who are designated as water services authorities under the Water Services Act 2007. Accordingly, any proposals are a matter for Cork County Council, the Water Services Authority for the area. No proposals have been received in my Department for the scheme referred to in the Question. The Deputy may wish to follow up on the matter directly with the Council.

Local Authority Charges

Finian McGrath

Question:

142 Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if houses in the rental accommodation scheme are exempt from the household charge; if a landlord who has a few of these houses and is making a lot of money is also exempt. [4518/12]

The Local Government (Household Charge) Act 2011 provides for a number of exemptions and waivers from payment of the household charge. The exemptions from payment of the household charge are—

Residential properties that are part of the trading stock of a business and have not been sold or been the source of any income since construction,

Residential property owned by a Minister of the Government, a housing authority or the Health Service Executive,

Voluntary and co-operative housing,

Residential property subject to commercial rates and wholly used as a dwelling,

Residential property owned by certain charities or discretionary trusts, and

Residential property which an owner has vacated due to long-term mental or physical infirmity (e.g. elderly person that has moved into a nursing home).

The waivers which apply concern—

Owners of residential property entitled to mortgage interest supplement, and

Owners of houses in certain unfinished housing estates.

There is no exemption or waiver in the legislation in respect of the rental accommodation scheme.

Nicky McFadden

Question:

143 Deputy Nicky McFadden asked the Minister for the Environment, Community and Local Government if a housing estate (details supplied) in County Westmeath will be exempt from the household charge; and if he will make a statement on the matter. [4524/12]

David Stanton

Question:

144 Deputy David Stanton asked the Minister for the Environment, Community and Local Government if he has considered establishing an appeals process whereby persons living in estates which do not currently qualify for an exemption to the household charge may have their case for exemption heard; and if he will make a statement on the matter. [4535/12]

David Stanton

Question:

145 Deputy David Stanton asked the Minister for the Environment, Community and Local Government if he will examine the possibility of an estate (details supplied) being listed as exempt from the household charge; and if he will make a statement on the matter. [4544/12]

John Lyons

Question:

146 Deputy John Lyons asked the Minister for the Environment, Community and Local Government the unfinished estates in areas (details supplied) that are exempt from the household charge in view of the fact that the current list is not specific and refers to areas as well as estates; and if he will make a statement on the matter. [4549/12]

Dominic Hannigan

Question:

156 Deputy Dominic Hannigan asked the Minister for the Environment, Community and Local Government the reason an estate (details supplied) in County Meath was not exempted from the household charge; and if he will make a statement on the matter. [4666/12]

Dominic Hannigan

Question:

157 Deputy Dominic Hannigan asked the Minister for the Environment, Community and Local Government the reason an estate (details supplied) in County Meath was not exempted from the household charge; and if he will make a statement on the matter. [4709/12]

Dominic Hannigan

Question:

158 Deputy Dominic Hannigan asked the Minister for the Environment, Community and Local Government the reason an estate (details supplied) in County Meath was not exempted from the household charge; and if he will make a statement on the matter. [4710/12]

Dominic Hannigan

Question:

159 Deputy Dominic Hannigan asked the Minister for the Environment, Community and Local Government the reason an estate (details supplied) in County Meath was not exempted from the household charge; and if he will make a statement on the matter. [4711/12]

Dominic Hannigan

Question:

160 Deputy Dominic Hannigan asked the Minister for the Environment, Community and Local Government the reason an estate (details supplied) in County Meath was not exempted from the household charge; and if he will make a statement on the matter. [4712/12]

Dominic Hannigan

Question:

161 Deputy Dominic Hannigan asked the Minister for the Environment, Community and Local Government the reason an estate (details supplied) in County Meath was not exempted from the household charge; and if he will make a statement on the matter. [4713/12]

Dominic Hannigan

Question:

162 Deputy Dominic Hannigan asked the Minister for the Environment, Community and Local Government the reason an estate (details supplied) in County Meath was not exempted from the household charge; and if he will make a statement on the matter. [4714/12]

Dominic Hannigan

Question:

163 Deputy Dominic Hannigan asked the Minister for the Environment, Community and Local Government if he will liaise with Meath County Council to ensure that all category three and four estates in County Meath, in which there are substantial public safety issues, are included in the exemption list for the household charge; if a review will be taking place before the introduction of a property tax to ensure that estates which the council has listed as category three and four are exempted from the tax until such a time as they are compliant with the regulations; and if he will make a statement on the matter. [4715/12]

Dominic Hannigan

Question:

164 Deputy Dominic Hannigan asked the Minister for the Environment, Community and Local Government the powers county councils have to individually waive a household charge for an estate if that estate, while not on the exemption list, is on the council’s own list of category three and four estates; and if he will make a statement on the matter. [4716/12]

Dominic Hannigan

Question:

165 Deputy Dominic Hannigan asked the Minister for the Environment, Community and Local Government the way an estate can request that it be added to the exempted list for the household charge; and if he will make a statement on the matter. [4717/12]

I propose to take Questions Nos. 143 to 146, inclusive, and 156 to 165, inclusive, together.

As part of the process of preparing the National Housing Development Survey 2011, launched by my Department in October 2011, local authorities provided details of all unfinished housing developments in their areas. Unfinished housing developments were divided into four categories as follows:

Category one, where the development is still being actively completed by the developer, or where no serious public safety issues exist;

Category two, where a receiver has been appointed;

Category three, where a receiver has not been appointed and the developer is still in place but effectively inactive; and

Category four, where the development has been effectively abandoned and is posing serious problems for residents.

Other relevant factors for the purposes of the categorization process include, inter alia:

the state of completion of roads, footpaths, public lighting facilities, piped water and sewerage facilities and open spaces or similar amenities within the development;

the extent to which the development complies with the terms of applicable planning permission;

the extent to which it complies with the provisions of the Building Control Acts 1990 and 2007;

the provisions of the Local Government (Sanitary Services) Act 1964 as they pertain to dangerous places and dangerous structures within the meaning of the Act;

the extent to which facilities within the development have been taken in charge by the local authority concerned and

where there is an agreement regarding the maintenance of such facilities, the extent to which this agreement has been complied with.

This categorisation formed the basis for the list of those unfinished developments eligible for a waiver on the annual household charge.

The relevant planning reference of each development is utilised for purposes of my Department's analysis of such developments, and for reference in regard to the ongoing work being carried out by my Department and the local authority sector on the issues facing their residents. Any households resident in an unfinished development prescribed as an unfinished housing estate for the purposes of the Act are covered by the waiver.

Only households in developments in categories three and four are eligible for the waiver from payment of the household charge. This list of developments in which households are eligible for the waiver in 2012 is set out under the Local Government (Household Charge) Regulations 2012 and forms the complete and final list of such developments for this year. A revised list of estates will be prescribed for 2013 after which time the waiver for unfinished housing developments will end. Throughout this period it is anticipated that the numbers of categories 3 and 4 developments will decrease significantly as my Department continues to work with local authorities and other stakeholders to resolve outstanding issues, including through the Public Safety Initiative.

Sean Fleming

Question:

147 Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government if he will put arrangements in place whereby persons can pay the household charge on a quarterly basis when they do not have access to payments by computer; and if he will make a statement on the matter. [4587/12]

There is a range of options available for persons to pay the household charge. An online system www.householdcharge.ie is in place in the Local Government Management Agency (LGMA) to enable homeowners to pay the household charge by credit/debit card or in four instalments by direct debit. In addition, homeowners can make payment by cheque, postal order, credit/debit card or in four instalments by direct debit by completing the relevant payment details on the declaration form and posting it to Household Charge, PO Box 12168, Dublin 1. Instalment payments are available by direct debit only and persons opting to pay in this way must register their details by 1 March, 2012.

A bureau is in place in the LGMA to administer the charge on a shared service/agency basis for all local authorities. In addition, all county/city councils have been requested to have arrangements in place for persons to attend their principal offices to pay the household charge up to 31 March, 2012. I am satisfied that there is a comprehensive suite of payment options available to persons with a liability to pay the household charge.

Social and Affordable Housing

Pearse Doherty

Question:

148 Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government, further to Parliamentary Question No. 164 of 18 January 2012, if he will provide a breakdown of the housing leasing initiative units for 2009, 2010 and 2011, indicating the number of units in each year sourced from unsold affordable housing; the number of units in each year managed by voluntary housing bodies, distinguishing whether the units were sourced from the private sector or unsold affordable housing; and if he will provide a list indicating the location of those units managed by voluntary housing bodies by local authority area. [4602/12]

The number of leasing units sourced each year for the years 2009, 2010 and 2011 with a breakdown by unsold affordable, voluntary and housing authority sourced, along with information on their management is set out in the following table:

Year

Unsold Affordable (all managed by AHBS)

Approved Housing Body owned & managed by AHB

Private owned — managed by AHB

Private owned- leased to Housing Authority

Total

2009

437

437

2010

633

82

151

866

2011

476

74

41

602

1,193

Total

1,546

74

123

753

2,496

The breakdown by authority of these units is set out in the following table:

Voluntary sourced and managed

Housing authority sourced

Housing Authority

Unsold Affordables

Voluntary Owned

Privately Owned

Privately Owned

Athlone Town Council

7

10

Athy Town Council

21

Birr Town Council

4

Bray Town Council

1

Buncrana Town Council

26

Carlow County Council

17

Cashel Town Council

1

Castlebar Town Council

20

Cavan County Council

3

Clare County Council

27

Clonmel Borough Council

14

Cork City Council

40

16

54

Cork County Council

314

DLR County Council

35

1

8

Donegal County Council

20

29

Drogheda Borough Council

4

Dublin City Council

355

66

49

Dundalk Town Council

24

42

Ennis Town Council

8

Fingal County Council

106

34

Galway City Council

56

67

Kildare County Council

57

31

Kilkenny County Council

9

15

4

Laois County Council

80

44

Letterkenny Town Council

32

Limerick County Council

5

8

Longford County Council

20

Louth County Council

24

Mayo County Council

3

13

Meath County Council

55

6

4

Monaghan County Council

1

Nenagh Town Council

24

North Tipperary County Council

7

Offaly County Council

20

17

Roscommon County Council

6

4

Sligo Borough Council

8

Sligo County Council

8

South Tipperary County Council

8

South Dublin County Council

148

128

Templemore Town Council

32

Waterford City Council

13

Waterford County Council

37

11

Westmeath County Council

58

16

Westport Town Council

3

Wexford County Council

34

Wicklow County Council

1

Thurles Town Council

2

4

Carlow Town Council

14

Bundoran Town Council

1

Wexford Borough Council

2

Grand Total

1,546

74

123

753

Household Charge

Michael McGrath

Question:

149 Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government if he will clarify a certain matter regarding the unfinished estates list (details supplied) which has been published in respect of the household charge. [4604/12]

The list of housing developments which have been designated eligible for a waiver from the household charge was extracted from the National Housing Survey 2011, having regard to the categorisation of estates by local authorities under the Unfinished Housing Developments Public Safety Initiative. This list is set out under the Local Government (Household Charge) Regulations 2012. All households resident in a development prescribed as an unfinished housing estate for the purposes of the Act are covered by the waiver.

Details of specific addresses within an eligible development are held by the planning department of individual local authorities. My Department has, however, been in contact with Cork County Council regarding the development of Upper Belmont, Douglas, Cork. The addresses of Belmont Court, Belmont Avenue and Jamesmont are not listed as forming part of this development and accordingly are not eligible for a waiver on the Annual Household Charge.

Local Government Reform

Eric J. Byrne

Question:

150 Deputy Eric Byrne asked the Minister for the Environment, Community and Local Government if it is envisaged that a decision will be taken in relation to directly elected mayors; his views regarding same and specifically the position in relation to Dublin; if it is envisaged that the four local authorities in Dublin will be merged to create a single Dublin regional authority and his views on same; and if he will make a statement on the matter. [4606/12]

I am adopting a progressive approach to the reform and development of local government in accordance with the Programme for Government. Building on certain decisions already taken in relation to local government structures, I intend to bring wider policy proposals to Government shortly, with particular attention being given to strengthening local government structures generally at regional, county and sub-county levels and expanding the role of local government.

The proposals will also reflect work under way in relation to alignment of local and community development with local government and efficiency implementation. They will also broadly map out further aspects of the local government system on which reform proposals will be considered, including a range of governance matters such as local political and executive leadership and the balance between elected members and the executive in the performance of functions. In that context, I intend to consider further the concept of a directly elected mayor and its relationship with the local government system.

Homeless Persons

Joanna Tuffy

Question:

151 Deputy Joanna Tuffy asked the Minister for the Environment, Community and Local Government if he will provide an update on the cessation of the night bus service for homeless persons; his plans to provide an alternative service to replace this service; and if he will make a statement on the matter. [4623/12]

Statutory responsibility in relation to the provision of accommodation and related services for homeless persons rests with the housing authorities, and implementation of the homelessness strategy at local and regional level is being carried out through the framework of statutory homelessness action plans adopted by housing authorities.

Dublin City Council (DCC) is the lead authority for the Dublin region. I understand that the night bus service for homeless persons was a service which ceased in September 2011. Any decisions on the organisation of homeless services provided by DCC are a matter for DCC and the Dublin Regional Homeless Statutory Management Group. Funding provided by my Department in 2012 will ensure, at a minimum, the availability of sufficient bed capacity on a nightly basis to anyone in need of a bed and to avoid involuntary rough sleeping.

Questions Nos. 152 and 153 answered with Question No. 136.

Private Rented Accommodation

Brendan Griffin

Question:

154 Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government the reason a determination order from the Private Residential Tenancies Board in respect of a case (details supplied) in County Kerry has not been acted upon; if action will be taken; and if he will make a statement on the matter. [4639/12]

I have no function in the operational matters of the Private Residential Tenancies Board (PRTB), which is an independent statutory body established under the Residential Tenancies Act 2004. Therefore, it would be inappropriate for me to comment on, or to interfere in, the specifics of any individual case.

Question No. 155 answered with Question No. 134.
Questions Nos. 156 to 165, inclusive, answered with Question No. 143.

Household Charge

Thomas P. Broughan

Question:

166 Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if residents of an estate (details supplied) in Dublin 13 are exempt from paying the household charge in view of the unfinished status of the estate and the number of pyrite-affected homes; and if he will make a statement on the matter. [4741/12]

The list of developments in which households are eligible for the waiver in 2012 is set out under the Local Government (Household Charge) Regulations 2012. The following developments in Clongriffin, Dublin 13, are included in this list:

Belmayne Blocks P5 and P7,

Belmayne Block P20,

Belmayne Phase 3,

Belmayne Phase 4,

Clongriffin Main Street Planning Reference 02/0132.

Marrsfield, Clongriffin, Planning Reference 05/3195.

A revised list of estates will be prescribed for 2013 after which time the waiver for unfinished housing developments will end. Throughout this period it is anticipated that the numbers of categories 3 and 4 developments will decrease significantly as my Department continues to work with local authorities and other stakeholders to resolve outstanding issues, including through the Public Safety Initiative.

Custody Rights

Robert Dowds

Question:

167 Deputy Robert Dowds asked the Minister for Justice and Equality the rights of an unmarried father in terms of access to his children; and if he will make a statement on the matter. [4597/12]

Under section 11 of the Guardianship of Infants Act 1964, an unmarried father of a child, whether or not he is a guardian of the child, may apply to the court for an order giving directions on any question affecting the welfare of the child including the question of access to the child. In making such orders the court has to regard the welfare of the child as the first and paramount consideration.

Where appropriate and practicable, the Court in making any order takes into account the child's wishes in the matter having regard to the age and understanding of the child. In considering whether to make an order under section 11, the court, further to section 11D (as inserted in the Act of 1964 by the Children Act 1997) must have regard to whether the child's best interests would be served by maintaining personal relations and direct contact with both his or her father and mother on a regular basis.

The Act of 1964 (again by way of amendments in the Children Act 1997) encourages parties to a dispute in relation to a child to agree on the custody or guardianship of or access to a child. Prior to institution of proceedings the legal representatives of the parties must discuss with them the possibility of agreement. The Court may adjourn any proceedings to assist agreement between the parties. These legislative provisions are extensive. They permit the court in cases of disagreement to decide on arrangements for the child's care and upbringing having regard to the child's best interests.

Independent International Commission on Decommissioning

Dara Calleary

Question:

168 Deputy Dara Calleary asked the Minister for Justice and Equality if he will provide the background on the decision to donate the papers relating to the work of the Independent International Commission on Decommissioning to Boston College; if a decision was taken on this issue; and if he will make a statement on the matter. [4491/12]

Dara Calleary

Question:

169 Deputy Dara Calleary asked the Minister for Justice and Equality if he will state if he had any contact with any archival institution on the island of Ireland regarding the papers relating to the work of the Independent International Commission on Decommissioning prior to the decision to donate these papers to Boston College; and if he will make a statement on the matter. [4492/12]

Dara Calleary

Question:

170 Deputy Dara Calleary asked the Minister for Justice and Equality the reason the papers relating to the work of the Independent International Commission on Decommissioning were not donated to any archival institution on the island of Ireland and if there are plans in the future to allow the papers to return to Ireland. [4493/12]

Dara Calleary

Question:

171 Deputy Dara Calleary asked the Minister for Justice and Equality if he sought the views of the Department of Education and Skills regarding the decision to donate the papers relating to the work of the Independent International Commission on Decommissioning to Boston College; and if he will make a statement on the matter. [4494/12]

Dara Calleary

Question:

172 Deputy Dara Calleary asked the Minister for Justice and Equality his views that the legal proceedings in the United States regarding the Boston College archives will not impact on the decommissioning documentation on the conflict in Northern Ireland recently given to the college’s archives; and if he will make a statement on the matter. [4495/12]

Dara Calleary

Question:

173 Deputy Dara Calleary asked the Minister for Justice and Equality if his attention has been drawn to any implications for the papers relating to the Independent International Commission on Decommissioning arising from recent legal cases in the United States; and if he will make a statement on the matter. [4496/12]

Dara Calleary

Question:

174 Deputy Dara Calleary asked the Minister for Justice and Equality the contacts he has had with Boston College regarding the papers relating to the Independent International Commission on Decommissioning in 2012; and if he will make a statement on the matter. [4497/12]

I propose to take Questions Nos. 168 to 174, inclusive, together.

The Independent International Commission on Decommissioning was jointly established following an agreement of August 1997 between the Irish and British Governments to supervise the decommissioning of paramilitary weapons and explosive materials. The Commission was dissolved by Orders made by both Governments on 30 March 2011. Between those dates the Commission successfully decommissioned virtually all the weapons and explosive materials which had been in the hands of paramilitary groups in this island.

There is no doubting that the Commission's work was central to the peace process and I am sure the House will join me in recording our appreciation of that work. As an independent body the Commission decided the arrangements for the holding of its archive independently. I am advised that the Commission did consult with both Governments and the issue of lodging the archive in Boston College had been pursued since July 2010. The Commission's final report, submitted to the Government on 28 March 2011, detailed the arrangements which it had made for the storage of its documentation, including the most sensitive documentation relating to the inventory of decommissioned material. That sensitive material is not in the archive in Boston College. The remaining material which is of a more general nature was deposited with Boston College, subject to conditions including an embargo on their disclosure for a period of 30 years.

To suggest that disposition of the archive was a matter within the power of the Irish Government is based on a fundamental misunderstanding. As the Commission was a body jointly established by the Irish and British Governments the holding of the archive by the one or the other jurisdiction would not have been possible, given the independent nature of the Commission and the nature of the archive. Accordingly, I understand the question of consultation of the kind referred to by the Deputy did not arise though, of course, this would have been a matter for the administration in office when this matter was being resolved.

The Commission itself made the arrangements to ensure the integrity and confidentiality of its archive in the public interest and in the interests of the peace process. The Deputy will understand that consultations on the final disposition of the Commission's archive were completed before I became Minister. Indeed the first I learned of the arrangements, which the Commission had put in place, was when the Commission detailed them in its final Report of 28 March 2011. I would emphasise that I have no issue with the approach which the Commission took to dealing with its archive, having consulted the then Governments.

I am, of course, aware of legal proceedings in the United States to which the Deputy refers concerning entirely separate documentation held in Boston College. I am advised that the material which the Independent International Commission on Decommissioning deposited with Boston College is of a general nature and does not contain sensitive information in relation to individuals. Furthermore, the order dissolving the Commission contains a number of provisions including one which declares the archives to be inviolable until 2041.

In addition the equivalent UK order also confers this inviolability and accords them the status of diplomatic documentation under the Vienna Convention and acknowledges that the documentation can only be accessed prior to 2041 with the agreement of the Irish Government. The fact that the documentation has been given diplomatic status under the Convention means that it cannot be properly accessed by any third party. They are, therefore, in an entirely different category to the material which is the subject of the legal proceedings referred to. There are no grounds for believing that the Commission's material could be subject to requests for disclosure of the kind which arise in the case referred to by the Deputy. In the circumstances, the question of my contacting Boston College in the light of those completely separate proceedings does not arise.

Officials in my Department and in the Northern Ireland Office have been monitoring developments and will remain in contact about the matter. However, I have no reason to believe that there are grounds for concern about the arrangements made by the Commission arising from the entirely separate case referred to by the Deputy.

Parental Leave

Joanna Tuffy

Question:

175 Deputy Joanna Tuffy asked the Minister for Justice and Equality if his attention has been drawn to the provision in the laws of other EU countries, including Britain, for fathers to share a portion of the mothers’ maternity leave; if he will consider making a similar provision; and if he will make a statement on the matter. [4625/12]

Ireland is fully compliant with the requirements of the current EU Directive on Maternity Leave and I have no proposals to transfer any portion of existing maternity leave for mothers as suggested by the Deputy. However I would make the point that my Department is currently working on the transposition of the EU Parental Leave Directive which provides for 18 weeks of parental leave for both mothers and fathers; of which four weeks cannot be transferred between parents.

My Department is currently working in consultation with the Department of Jobs, Enterprise and Innovation on the consolidation of all existing family leave legislation into one Act. This will also provide an opportunity to examine the scope for improvement in current provisions in the area of maternity, adoptive, parental and paternity leave.

Garda Vetting of Personnel

Michael Healy-Rae

Question:

176 Deputy Michael Healy-Rae asked the Minister for Justice and Equality the current backlog of applications in the Garda central vetting unit; the way he intends to tackle this backlog; if his attention has been drawn to the fact that this backlog is preventing persons from taking up employment; and if he will make a statement on the matter. [4649/12]

I am informed by the Garda authorities that there are approximately 8,000 vetting applications in the course of being processed and that the average processing time at the Garda Central Vetting Unit (GCVU) now is 2 weeks approximately. This is a substantial improvement on this time last year when there were 55,000 cases on hand and processing took 11 weeks.

This processing time can, nevertheless, be affected by seasonal fluctuations or the necessity to seek further information on particular applications which may result in the processing time exceeding the present average of 2 weeks. Since I became Minister I have taken a number of measures to ensure that the time it takes for the processing of vetting applications has improved significantly. I remain very conscious of the need to keep the time required to obtain a vetting to the minimum possible.

Residency Permits

Bernard J. Durkan

Question:

177 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an application for upgrade from stamp 2 to stamp 4 will be considered in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [4695/12]

It is open to the persons concerned to make an application to change their immigration status by writing to the General Immigration Division, Irish Naturalisation and Immigration Service (INIS), 13/14 Burgh Quay, Dublin 2. However, I have been informed that the persons concerned arrived in the State on 19 May 2006 and were granted permission to remain here as students. Unless there has been a change to their circumstances of which INIS has not been informed, it would appear that they do not qualify for the grant of a stamp 4 permission. I would suggest that they consult the INIS website inis.gov.ie/immigration which provides information on the criteria in relation to the various immigration permission.

Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy’s view, inadequate or too long awaited.

Asylum Applications

Bernard J. Durkan

Question:

178 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of residency and citizenship status in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [4697/12]

The person concerned is a failed asylum applicant. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 7th April, 2009, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the then Minister setting out reasons why he should not have a Deportation Order made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection and, following consideration of this application, it was determined that he was not eligible for Subsidiary Protection. The person concerned was notified of this decision by letter dated 30th May, 2011. The case file of the person concerned, including all representations submitted, will now be considered under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned. The Deputy should note that as the person concerned has not established a right of legal residency in the State, the issue of an application for citizenship does not arise at this time.

Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy's view, inadequate or too long awaited.

Bernard J. Durkan

Question:

179 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when upgrade in a residency status might be considered in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [4698/12]

The person concerned applied for asylum on 28th October, 2004. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. On 9th August, 2007, the person concerned made an application for residency in the State on the basis of being the spouse of an EU National. However, following consideration of this application, under the provisions of the European Communities (Free Movement of Persons) Regulations, a decision was made to refuse that application. The person concerned was notified of this decision by letter dated 30th September, 2008. This decision was upheld following an internal review of the application.

Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 16th July, 2009, that the then Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the then Minister setting out reasons why a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned. The Deputy will appreciate that as the person concerned has no current right of residency in the State, she cannot take up a position of paid employment.

Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy's view, inadequate or too long awaited.

Residency Permits

Bernard J. Durkan

Question:

180 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and-or likely residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [4699/12]

The person concerned was granted temporary permission to remain in the State on 9 May, 2005 for a 2 year period, under the Revised Arrangements applicable to the non-EEA national parents of Irish born children born in the State before 1 January, 2005, more commonly known as the IBC/05 Scheme. This permission was renewed in 2007 and again in 2010, and is currently valid until 9 May, 2013.

Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy's view, inadequate or too long awaited.

Asylum Applications

Bernard J. Durkan

Question:

181 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will indicate in the case of a person (details supplied) in County Westmeath, having regard to the extent to which reference has been made to case law and precedent at initial and appeal stages of their applications for asylum and refugee status wherein it would appear that the circumstances referred to were not analogous, if therefore a review of the case might be undertaken; and if he will make a statement on the matter. [4700/12]

The first named person concerned applied for asylum on 17th April, 2007. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the first named person concerned was notified, by letter dated 9th February, 2009, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the then Minister setting out reasons why he should not have a Deportation Order made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in the State in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The first named person concerned submitted an application for Subsidiary Protection and, following consideration of this application, it was determined that he was not eligible for Subsidiary Protection. He was notified of this decision by letter dated 17th July, 2009. The case file of the first named person concerned, including all representations submitted, will now be considered under Section 3(6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the first named person concerned.

The second named person concerned arrived in the State in June, 2006, accompanied by her infant child, and applied for asylum. This child was included in his mother's asylum application, as was another child who was born in the State later that year. The asylum application was refused following consideration of the case by the Office of the Refugee Applications Commissioner, and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the second named person concerned was notified, by letter dated 18th April, 2007, that the then Minister proposed to make Deportation Orders in respect of her and her children She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of Deportation Orders or of making representations to the Minister setting out reasons why they should not have Deportation Orders made against them. She was also advised of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The second named person concerned lodged an application for Subsidiary Protection. Following consideration of the information submitted, the application was refused. The second named person concerned was notified of this decision by letter dated 25th September, 2008.

The case of the second named person concerned was then examined under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. Consideration was given to all representations submitted by and on behalf of the second named person concerned. On 12th November 2008, the then Minister made Deportation Orders in respect of the second named person concerned and her two children. These Orders were served by registered post which placed a legal obligation on the persons concerned to ‘present' at the Offices of the Garda National Immigration Bureau (GNIB) in order to make arrangements for their removal from the State. The Deportation Orders remain in place. The effect of the Deportation Orders is that the second named person concerned and her children must leave the State and remain thereafter out of the State. The Deputy will appreciate that once a Deportation Order has been served, the enforcement of such an Order is an operational matter for the GNIB.

I am satisfied that the individual asylum applications made by the persons concerned were fairly and comprehensively examined under all the relevant headings before decisions to refuse them were taken. The Deputy should also note that copies of the determinations made in their individual cases were given to the persons concerned so it will have been made clear to them as to the reasoning behind the determinations made.

Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy's view, inadequate or too long awaited.

Bernard J. Durkan

Question:

182 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he is satisfied that adequate balance was observed in the examination and determination of status initially and on appeal in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [4701/12]

The person concerned lodged an asylum application on 28th February, 2005. His asylum claim was investigated by the Office of the Refugee Applications Commissioner who determined that the person concerned did not meet the criteria for recognition as a refugee. This position was notified to the person concerned by letter dated 4th August, 2005. This communication advised the person concerned of his entitlement to appeal this determination to the Office of the Refugee Appeals Tribunal within a specified period.

Following an appeal hearing by the Office of the Refugee Appeals Tribunal, the determination made by the Office of the Refugee Applications Commissioner was affirmed. The person concerned then lodged judicial review proceedings in the High Court in September, 2006 challenging the decision of the Refugee Appeals Tribunal in his case. These proceedings were settled with the consequence that the decision of the Refugee Appeals Tribunal was set-aside and the person concerned was granted a fresh hearing before a different Member of the Tribunal.

The case of the person concerned was examined by a new Member of the Tribunal who concluded that the person concerned did not meet the criteria for recognition as a refugee. This position was notified to the person concerned by letter dated 23rd April, 2010.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 25th May, 2010, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out reasons why a Deportation Order should not be made against him He was also notified of his entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision, and the consequences of the decision, will be conveyed in writing to the person concerned.

I am satisfied that the asylum application made by the person concerned was thoroughly examined by the statutory independent refugee status determining bodies before a decision was taken to refuse it.

Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy's view, inadequate or too long awaited.

Residency Permits

Bernard J. Durkan

Question:

183 Deputy Bernard J. Durkan asked the Minister for Justice and Equality indicate if and when stamp 4 will be updated in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [4702/12]

The person concerned was granted temporary permission to remain in the State for the three year period to 20th March, 2011. This decision was conveyed in writing to the person concerned by letter dated 20th March, 2008.

The person concerned was required to apply in writing for the renewal of this permission one month before the expiry date. My Department's records show that such a renewal application was only received on 13th October 2011. This renewal application is under consideration at present. When a decision has been made on that application, the person concerned will be notified in writing of the decision and of the consequences of the decision.

Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy's view, inadequate or too long awaited.

Citizenship Applications

Bernard J. Durkan

Question:

184 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if and when the naturalisation process will be concluded in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [4703/12]

The person is currently residing in the State on a Stamp 5 which remains valid until his current passport expires on 2 June 2016. The endorsement permits the holder to reside in the State, to work without a work permit and to operate a business without the permission of the Minister once they register it with their local immigration office. Further information regarding the endorsement may be found at www.inis.gov.ie/immigration.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to the INIS Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Residency Permits

Bernard J. Durkan

Question:

185 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status and entitlement in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [4704/12]

The person is currently residing in the State on a Stamp 5 which remains valid until his current passport expires on 2 June 2016. The endorsement permits the holder to reside in the State, to work without a work permit and to operate a business without the permission of the Minister once they register it with their local immigration office. Further information regarding the endorsement may be found at www.inis.gov.ie/immigration.

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to the INIS Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Bernard J. Durkan

Question:

186 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and/or likely residency status in the case of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [4705/12]

The first and second named persons concerned applied for asylum on 1st March, 2004, and 18th March, 2004, respectively. In accordance with the provisions of Section 9 of the Refugee Act 1996 (as amended), they were entitled to remain in the State until their individual applications for asylum were decided. Their asylum applications were refused following the consideration of their individual cases by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal.

Arising from the refusal of the asylum application made by the first named person concerned, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), he was notified, by letter dated 13th September, 2005, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out reasons why he should not have a Deportation Order made against him. Representations were submitted on behalf of the first named person concerned at that time.

The first named person concerned was subsequently informed of his entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. He submitted an application for Subsidiary Protection and, following consideration of this application, it was determined that he was not eligible for Subsidiary Protection. The first named person concerned was notified of this decision by letter dated 25th July, 2011.

The case file of the first named person concerned, including all representations submitted, will now be considered under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the first named person concerned.

Arising from the refusal of asylum application made by the second named person concerned, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), she was notified, by letter dated 27th August, 2009, that the then Minister proposed to make a Deportation Order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out reasons why a Deportation Order should not be made against her. She was also notified of her entitlement to apply for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006.

The position in the State of the second named person concerned now falls to be decided by reference to the provisions of Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. All representations submitted will be considered before a final decision is made. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the second named person concerned.

Queries in relation to the status of individual immigration cases may be made directly to the 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 the INIS is, in the Deputy's view, inadequate or too long awaited.

Citizenship Applications

Bernard J. Durkan

Question:

187 Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a person (details supplied) is qualified to apply for naturalisation; and if he will make a statement on the matter. [4706/12]

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must:

be of full age

be of good character

have had a period of one year's continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years

have, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—

(i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and

(ii) undertaken to faithfully observe the laws of the State and to respect its democratic values.

In the context of naturalisation, certain periods of residence in the State are excluded. These include—

periods of residence in respect of which an applicant does not have permission to remain in the State

periods granted for the purposes of study periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act 1996.

Section 16 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, waive some or all of the statutory conditions in certain circumstances i.e. where an applicant is of Irish descent or of Irish associations; where an applicant is a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees; or where an applicant is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless persons.

A foreign national who is married to, or is the Civil Partner of, an Irish citizen for at least three years may apply for naturalisation under section 15A of the Irish Naturalisation and Citizenship Act 1956, as amended, where they have been continuously resident in the island of Ireland for the year immediately prior to the date of their application and for two out of the four years prior to that year. The marriage or civil partnership must be subsisting and recognised under Irish law.

Queries in relation to the status of individual immigration cases 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.

Bernard J. Durkan

Question:

188 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current position in regard to the determination of residency and citizenship in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [4707/12]

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received from the person referred to by the Deputy in July, 2010. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible.

The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. The person in question currently has permission to remain in the State until June 2014.

Queries in relation to the status of individual immigration cases 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.

Garda Vetting of Personnel

Billy Timmins

Question:

189 Deputy Billy Timmins asked the Minister for Justice and Equality the position regarding Garda clearance in respect of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [4746/12]

I am informed by the Garda authorities that it is not possible to check the status of the application referred to in the question in the absence of a date of birth. If the Deputy will provide the additional information, I will have further enquiries made in the matter.

Defence Forces Recruitment

Finian McGrath

Question:

190 Deputy Finian McGrath asked the Minister for Defence if entry to the Army cadets is open, fair and transparent and whether families are given priority. [4520/12]

The Cadetship Competition is open to all applicants who meet the eligibility criteria as outlined in the relevant Cadet Booklet. I am advised by the Military Authorities that all stages of the Cadetship Competition are carried out in a transparent and fair manner. A candidate must be successful in each stage of the competition in order to progress to the next stage. The following is an outline of the competition process:

Candidates must attend and achieve a required mark for Psychometric Testing, which is carried out by the Public Appointments Service.

The Fitness Test is a pass or fail test undertaken by all candidates in the presence of approximately seventy other candidates who are in attendance on each testing day.

The Group Assessment is carried out in groups of six with each candidate individually assessed by a Commissioned Officer. This whole process is overseen by the Defence Forces Organisational Psychologist and is in line with best practice.

The Interview Board, which undergoes interview training and follows a defined marking system in assessing all candidates, conducts a competency based interview.

The board comprises four Defence Forces personnel, which includes one female and the Defence Forces Organisational Psychologist, along with 1 Civilian Board Member who is nominated by the Public Appointments Service. All candidates are aware of the competencies to be evaluated before attending.

All candidates on completion of the process may apply for feedback in relation to their application. They are provided with a complete list of scores for each stage, the observation notes from the group assessment and all interview notes. It is stated in the Cadet Booklet that canvassing will result in the disqualification of the candidate involved. I am satisfied that the process of selection of Cadets for the Defence Forces is both fair and transparent and does not allow for priority to be given to any individual.

Grant Payments

Heather Humphreys

Question:

191 Deputy Heather Humphreys asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Monaghan may expect to receive their agri-environment options scheme payment; and if he will make a statement on the matter. [4548/12]

The person named was approved for participation in the Agri-Environment Options Scheme with effect from the 1st September 2010. Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, had to be completed before any payment could issue. During these checks a query arose in respect of land parcels declared which required digitisation. This is being dealt with by my Department at present and once the digitisation process is completed, the application will be processed with a view to making payment in respect of 2010 at the earliest opportunity. My Department has also been in contact with the person named with a view to resolving a query in relation to capital investment which relates to payment in respect of 2011. This issue will be processed further once a response is received.

I am well aware of the financial pressures on many farm families and of the importance of grant and scheme payments to their incomes and cash-flow. I have given the highest priority to the processing and payment of outstanding Agri-Environment Options Scheme payments and to the elimination of all unnecessary delays.

John O'Mahony

Question:

192 Deputy John O’Mahony asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Mayo has not received their REP scheme payment for 2011; and if he will make a statement on the matter. [4613/12]

The person named commenced REPS 4 in June 2009 and received payments for the first two years of the contract period. REPS 4 is a measure under the current 2007-13 Rural Development Programme and accordingly is subject to EU Regulations which require detailed administrative checks on all applications to be completed before any payments can issue. The administrative checks in respect of 2011 payments have been finalised. However, during the administrative check an area discrepancy was discovered between the Single Payment Scheme application for 2011 and the REPS 4 Agri-Environmental Plan of the person named. The issue has now been resolved and payment will issue shortly.

John O'Mahony

Question:

193 Deputy John O’Mahony asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Mayo has not received their single farm payment; and if he will make a statement on the matter. [4614/12]

An application under the Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on the 4th May 2011. This application was selected for and was the subject of a Ground Eligibility/Cross Compliance Inspection. In the vast majority of inspected cases, including this case, amendments have had to be made to the maps in order that the Land Parcel Identification System that is used for making payments to farmers is kept up-to-date. This process is now complete and payments to the person named under the Disadvantaged Area Scheme and Single Payment Scheme will issue in the coming days.

Question No. 194 withdrawn.

Foreshore Licences

John O'Mahony

Question:

195 Deputy John O’Mahony asked the Minister for Agriculture, Food and the Marine, further to Parliamentary Questions Nos. 425 and 429 of 17 May 2011, if this lease is finalised; and if he will make a statement on the matter. [4667/12]

As indicated in my reply to previous Parliamentary Questions regarding this matter, the grant of a foreshore lease to Mayo County Council for the construction of a slipway at Kilcummin Pier, Killala, Co Mayo received Ministerial approval on 17 June 2010. The Chief State Solicitor's Office (CSSO) was requested to draft the lease documentation. My Department is maintaining ongoing contact with the CSSO in relation to this matter with a view to having the lease finalised as soon as possible.

Grant Payments

John O'Mahony

Question:

196 Deputy John O’Mahony asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Mayo has not received any agri-environment option scheme payments; and if he will make a statement on the matter. [4738/12]

The person named was approved for participation in the Agri-Environment Options Scheme with effect from the 1st December 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, had to be completed before any payment could issue. During these checks a query arose in respect of land parcels declared which will require digitisation of the areas concerned. This is being dealt with by my Department at present and once the digitisation process is completed, the application will be processed with a view to making payment at the earliest opportunity.

Child Protection

Jerry Buttimer

Question:

197 Deputy Jerry Buttimer asked the Minister for Children and Youth Affairs her views on the development of child protection notification systems within the health system; her further views that it is critical to appoint community paediatricians to lead these systems and to ensure comprehensive community child health services; and if she will make a statement on the matter. [4674/12]

The Health Service Executive (HSE) is the statutory body with responsibility for the provision of health and social services and the development of appropriate systems to support such services. I have asked the HSE to consider and report to me on the question put forward by the Deputy. Following receipt of this report, I will revert to the Deputy further.

Inter-Country Adoptions

Michael McCarthy

Question:

198 Deputy Michael McCarthy asked the Minister for Children and Youth Affairs, in view of her statement that there will be fewer children available for adoption from Vietnam than previously due to anticipated demand for domestic adoptions in Vietnam and more stringent criteria under the Hague Convention, if she has received any indication from the Vietnamese authorities regarding the likely numbers of children available for adoption to Ireland in the near future; and if she will make a statement on the matter. [4588/12]

The Hague Convention on Intercountry Adoption is due to enter into force for Vietnam on 1 February 2012. The Hague Convention sets out minimum standards for intercountry adoption. It includes provisions relating to the issues of subsidiarity, free and informed consent for birth parents, and financial arrangements.

Following my recent visit to Vietnam, I can confirm that the Vietnamese authorities are committed to putting in place the legislative framework that supports safe and secure domestic and intercountry adoption and adheres to the principles of the Hague Convention. The Socialist Republic of Vietnam is an independent sovereign state. As such it will decide the manner in which it implements the Hague Convention, including the numbers of children deemed suitable for intercountry adoption, having regard to the principles of the Convention. It is reasonable, however, to assume that the numbers of adoptions by Irish applicants may not reach previous levels.

These and other issues will be addressed by the Adoption Authority in further discussions with Vietnamese authorities around the administrative arrangements necessary for the resumption of intercountry adoption from Vietnam pursuant to Article 72 of the Adoption Act 2010.

Adoption Services

Michael McCarthy

Question:

199 Deputy Michael McCarthy asked the Minister for Children and Youth Affairs if she will provide a breakdown which outlines, in terms of the 556 revised declarations to persons who were already in possession of a valid declaration of eligibility and suitability issued prior to 1 November 2010 by the former Adoption Board, how many of this group have subsequently adopted a child or are still waiting to do so; and if she will make a statement on the matter. [4589/12]

The Adoption Authority of Ireland is an independent statutory body established under the Adoption Act, 2010. The Authority has responsibility for the operational implementation of enacted legislation and Government policy. Under the terms of the transitional provision contained in the Act the Authority has issued a number of declarations of eligibility and suitability to adopt. As the specific issue raised by the Deputy is of an operational nature, I have forwarded the request to the Authority for direct attention.

Health Service Staff

Michael Healy-Rae

Question:

200 Deputy Michael Healy-Rae asked the Minister for Health if he will provide a breakdown of the exemptions sought by the Health Service Executive, including job and grade, to the recruitment embargo outlining which exemptions were granted and which exemptions were refused in tabular form; and if he will make a statement on the matter. [4650/12]

The moratorium on recruitment was introduced in late March 2009 and was incorporated into the Employment Control Framework (ECF) for the health sector for 2009. The ECF provided an exemption for a number of grades which had been prioritised by Government. The Framework also provides for the filling of exceptional posts in order to protect frontline services in so far as possible while still achieving the required reduction in staff numbers.

In 2009, responsibility for the approval of these exceptions to the moratorium required the prior approval, in each case, of the Department of Health and Children and the Department of Finance. In 2010 the rules of the ECF were revised to allow the HSE to manage the ‘exceptions' provisions without recourse to the Departments referred to. The posts approved in 2009 are set out in the table:

Approved posts — 2009

Title of Post

Grade of Post

Location

WTE

General Manager

General Manager

Galway University Hospital

1

Asst National Director, Mental Health Services

Asst National Director (Care Group)

HSE National — Dublin

1

Asst National Director, Disabilities

Asst National Director (Care Group)

HSE National — Dublin

1

Asst National Director, Services for Older People

Asst National Director (Care Group)

HSE National — Dublin

1

Asst National Director, Children and Families

Asst National Director (Care Group)

HSE National — Dublin

1

Regional Operations Director

Asst National Director

HSE Dublin/North-East

1

Regional Operations Director

Asst National Director

HSE Dublin/Mid-Leinster

1

Regional Operations Director

Asst National Director

HSE West

1

Regional Operations Director

Asst National Director

HSE South

1

Chief Executive

Chief Executive

St John’s Hospital, Limerick

1

Director of Nursing

Director of Nursing

Temple Street

1

Maintenance Manager

Engineering Officer

St. James’ Hospital

1

Mental Health Nurses x 59

Mental Health Nurses x 59

Central Mental Hospital (23) & St. Loman’s Hospital, Lucan (36)

59

Senior Dietician

Senior Dietician

PCCC — Sligo/Leitrim/W Cavan LHO Area

1

General Dental Surgeon

General Dental Surgeon

Meath PCCC Dental Services

2

Clinical Nurse Manager 2 — Paediatrics

CNM II

Paediatrics — St. Luke’s General Hospital, Kilkenny

1

Clinical Nurse Manager 2 — ICU

CNM II

ICU — St. Luke’s General Hospital, Kilkenny

1

Specialist Nurses in Paediatric Intensive Care Units x 7

Specialist Nurses in Paediatric Intensive Care Units

(1) Our Lady’s Children’s Hospital, Crumlin and (2) Children’s University Hospital, Temple Street

7

Total

83

Note: In relation to the General Dental Surgeons, approval was sought for 3 WTEs — approval was granted for 2 WTEs.

I also enclose a second table showing other posts for which approval was sought in 2009.

Other posts — 2009

Title of Post

Grade of Post

Location

WTE

Senior Medical Officer

HSE West

1

Asst. Director — Public Health Nursing

Asst. Director — Public Health Nursing

HSE Dublin South East

1

General Dental Surgeon

General Dental Surgeon

Dental Department, LHO Dublin South East

1

Public Health Nurse

Public Health Nurse

Local Health Office Dublin South City

1

Asst. Director — Nursing

Asst. Director — Nursing

Ofallia House, Edenderry

1

Principal Environmental Health Officer x 4

Principal x 4

Carlow Kilkenny; Cork North Lee; Roscommon and North Tipperary

4

Fire Prevention Officer

Fire Prevention Officer

Estates Dept. HSE North West

1

Chief Medical Lab Scientist

Chief Medical Lab Scientist

Galway University Hospital

1

Staff Nurse x 40

RNID/RPN x 40

St. Joseph’s Intellectual Disability Service — Portrane, Dublin

40

Clinical Perfusionist

Clinical Perfusionist

Galway University Hospital

1

RGN — MAU

Staff Nurse

Our Lady of Lourdes Hospital, Drogheda

1

RCN/RGN Dual Qualified x 9

Staff Nurse x 9

Our Lady of Lourdes Hospital, Drogheda

9

RGN — ED x 7

Staff Nurse x 7

Our Lady of Lourdes Hospital, Drogheda

7

Cardiac Technician — ED & MAU

Cardiac Technician

Our Lady of Lourdes Hospital, Drogheda

1

Basic Grade Radiographer

Basic Grade Radiographer

Our Lady of Lourdes Hospital, Drogheda

1

Senior Radiographer x 6

Senior Radiographer x 6

Cork University Hospital

6

Porter x 3

Porter x 3

Cork University Hospital

3

Senior Medical Scientist x 2

Senior Medical Scientist x 2

Cork University Hospital

2

Pharmacist

Pharmacist

Cork University Hospital

1

Health Care Assistant x 2

Care Assistant x 2

Cork University Hospital

2

Staff Nurse

Staff Nurse

Cork University Hospital

1

H.S.S.D. Operative x 2

C.S.S.D. Operative x 2

Cork University Hospital

2

Domestic x 2

Domestic x 2

Cork University Hospital

2

Staff Nurse — Medical Assessment Unit x 5

Staff Nurse x 5

Our Lady of Lourdes Hospital, Drogheda

5

CNM II — Medical Assessment Unit

Staff Nurse

Our Lady of Lourdes Hospital, Drogheda

1

Basic Grade Medical Laboratory Scientist

Basic Grade Medical Laboratory Scientist

Our Lady of Lourdes Hospital, Drogheda

1

Staff Nurse — Emergency Department x 3

Staff Nurse x 3

Our Lady of Lourdes Hospital, Drogheda

3

Health Care Assistant — Emergency Department

Health Care Assistant

Our Lady of Lourdes Hospital, Drogheda

1

CNM II /GP Liaison Nurse — Emergency Department

CNM II

Our Lady of Lourdes Hospital, Drogheda

1

Clinical Specialist Ultrasound

Clinical Specialist Ultrasound

Our Lady of Lourdes Hospital, Drogheda

1

Clinical Specialist Radiographer

Clinical Specialist Radiographer

Our Lady of Lourdes Hospital, Drogheda

1

Basic Grade Radiographer x 2

Basic Grade Radiographer x 2

Our Lady of Lourdes Hospital, Drogheda

2

Managing Director

Local Health Office Manager?

Sunbeam House Services, Cedar Estate, Killarney Road, Bray, Co Wicklow

1

CNM 2 — Haemophilia

CNM2

Our Lady’s Children’s Hospital, Crumlin

1

Basic Grade Medical Scientist

Basic Grade Medical Scientist

2

Chief Medical Scientist

Chief Medical Scientist

Our Lady’s Children’s Hospital, Crumlin

1

Staff Nurse x 16

Staff Nurse x 16

St Brendan’s Hospital, Rathdown Road, Dublin 7

16

Senior Radiographer x 2

Senior Radiographer x 2

National Pancreatic Cancer Centre, St. Vincent’s University Hospital

2

Pharmacist

Pharmacist

National Pancreatic Cancer Centre, St. Vincent’s University Hospital

0.3

Senior Dietician

Senior Dietician

National Pancreatic Cancer Centre, St. Vincent’s University Hospital

1

Staff Nurse x 2 (0.5)

Staff Nurse x 2 (0.5)

National Pancreatic Cancer Centre, St. Vincent’s University Hospital

1

Staff Nurse x 24

Staff Nurse x 24

National Pancreatic Cancer Centre, St. Vincent’s University Hospital

24

Community RGN

Community RGN

Dublin South City, Health Service Executive, Dublin Mid Leinster

0.5

Senior Radiographer Ultrasound

Senior Radiographer

Monaghan General Hospital

1

Clinical Nurse Manager II

Clinical Nurse Manager II

Connolly Hospital

0.67

Staff Nurse x 3

Staff Nurse x 3

St. Luke’s Hospital Rathgar

3

Clinical Nurse Specialist in Breast Care

Clinical Nurse Specialist

St. Luke’s Hospital Rathgar

1

Director of Nursing

Director of Nursing

St. Joseph’s Intellectual Service, LHO North Dublin

1

Psychiatric Staff Nurse — Old Age Psychiatry

Psychiatric Staff Nurse

Louth Meath Mental Health Services

0.82

Psychiatric Staff Nurse

Psychiatric Staff Nurse

Louth Meath Mental Health Services

1

Senior Staff Nurse

Senior Staff Nurse — Louth Meath Mental Health Services

Louth Meath Mental Health Services

1

Staff Nurse

Staff Nurse

Athlone Palliative Care Unit, HSE Dublin Mid Leinster

1

Clinical Nurse Manager II

Clinical Nurse Manager II

Athlone Palliative Care Unit, HSE Dublin Mid Leinster

1

Multi Task Attendant x 4

Multi Task Attendant x 4

Athlone Palliative Care Unit, HSE Dublin Mid Leinster

4

Multi Task Attendant

Multi Task Attendant

Athlone Palliative Care Unit, HSE Dublin Mid Leinster

0.5

Staff Nurse

Staff Nurse

Athlone Palliative Care Unit, HSE Dublin Mid Leinster

1

Leading Emergency Medical Technician

Leading Emergency Medical Technician

Eastern Region, 2 posts; Midlands Region, 4 posts; Midwest Region, 3 posts; North East, 2 posts; North West, 5 posts; Southern Region, 2 posts; Western Region, 6 posts

24

Emergency Medical Controller

Emergency Medical Controller

Eastern Region, 5 posts; North East Region, 4 posts

9

Emergency Medical Controller Team Leader

Emergency Medical Controller Team Leader

North West, 2 posts; Midlands, 2 posts; Mid West, 1 post

5

Radiography Services Manager

Radiography Services Manager

St. John’s Hospital, Limerick

1

Total

211.79

Note: These are posts that were under consideration but were not approved by end 2009. The rules for the ECF were revised in 2010 which meant that the responsibility for the approval of exceptional posts transferred to the HSE.

The information for 2010 and 2011 is currently being compiled by the HSE. The Executive will provide it to the Deputy as soon as possible.

Medical Cards

David Stanton

Question:

201 Deputy David Stanton asked the Minister for Health when a decision will issue on an application for a medical card in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [4740/12]

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

Health Service Staff

David Stanton

Question:

202 Deputy David Stanton asked the Minister for Health the plans, if any, the Health Service Executive has to appoint a paediatric orthopaedic surgeon in County Cork; when such an appointment might be made; the number of patients in County Cork awaiting paediatric orthopaedic treatment; and if he will make a statement on the matter. [4478/12]

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

Health Services

Finian McGrath

Question:

203 Deputy Finian McGrath asked the Minister for Health the position regarding a care package in respect of a person (details supplied) in Dublin 9. [4506/12]

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

Nursing Homes Support Scheme

Finian McGrath

Question:

204 Deputy Finian McGrath asked the Minister for Health the position regarding the fair deal scheme in respect of persons (details supplied). [4507/12]

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

Health Services

Caoimhghín Ó Caoláin

Question:

205 Deputy Caoimhghín Ó Caoláin asked the Minister for Health the steps he will take directly with the Health Service Executive to ensure that the necessary supports and therapies are made available to a person (details supplied) in County Monaghan. [4509/12]

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

Services for People with Disabilities

Caoimhghín Ó Caoláin

Question:

206 Deputy Caoimhghín Ó Caoláin asked the Minister for Health the current status of Part 2 of the Disability Act 2005 with regard to children over five and his intentions in terms of implementation; and if he will make a statement on the matter. [4510/12]

Part 2 of the Disability Act 2005 was commenced on 1 June 2007 in respect of children aged under 5. In October 2008 the then Government decided, in the light of financial circumstances, to defer further implementation of the Act. No alternative timescales for full implementation of Part 2 of the Act have been developed to date.

Health Insurance

Jim Daly

Question:

207 Deputy Jim Daly asked the Minister for Health his views regarding the current cost of private health insurance; the number of customers that are not in a position to renew their policy; the expected price increases this year; his long-term views; and if he will make a statement on the matter. [4515/12]

I am concerned that private health insurance is becoming harder to afford, especially for older people, as insurers increasingly tailor their insurance plans towards younger, healthier customers. Under Universal Health Insurance, everyone will be insured for health care and the current unfair discrimination between public and private patients will be removed. In the meantime, I am focusing on addressing the problems of the current private health insurance market, where insurers have a considerable financial incentive to cover younger, better risks rather than older, poorer risks.

I am strongly committed to protecting community rating, whereby older and less healthy customers should pay the same amount for the same cover as younger and healthier people. In order to protect community rating, we need a system of Risk Equalisation which ensures that community rating can survive. At present, we have an Interim Scheme, which has been in place since 2009. It is designed to compensate insurers which have older, less healthy customers and therefore higher claims costs, compared to insurers which have younger, less costly customers. It does so by a system of tax credits, based on age, in respect of persons of 60 years and over. Without such a system, community rating cannot survive. The Interim Scheme is funded by a Community Rating Levy, in respect of every health insurance policy written. I extended the Interim Scheme for a further year in 2012 under the Health Insurance (Miscellaneous Provisions) Act 2011, and will introduce a more detailed Risk Equalisation scheme under new legislation from next January.

In order to keep down the cost of health insurance for older people, I increased significantly the age-related income tax credit for insured persons aged 60 years and over, from 1 January 2012. Without this support, health insurers would have had an even stronger financial incentive to ‘segment' the market by offering policies targeted at young people, to the disadvantage of older customers.

I must emphasise that these measures are designed to result in no overall increase of premiums in the market and to spread the risk more evenly between the healthy and the less healthy, the young and the old. The increased levy is balanced by a corresponding increase in tax credits for older people, so that the system is Exchequer neutral overall. In this regard, it is important to note that the levy on policies is not a revenue collecting mechanism for the Exchequer.

The Community Rating Levy, under the Interim Scheme, is placed on private health insurance providers for each insured individual, and not on the individuals themselves. It is a matter for the insurance providers as to the extent, if any, they pass the levy on to their clients. I welcome the announcements by Aviva Healthcare and the VHI that they do not envisage passing an increase on to customers' premiums on foot of the revised rates of Age-Related Tax Credit and Community Rating Levy for 2012. I am disappointed that Quinn Healthcare have chosen to increase their premium costs, blaming the revised rates I have recently introduced under the Interim Scheme.

In December 2011, I agreed with the three commercial health insurers to establish a Consultative Forum to tackle issues of mutual concern. We agreed to work cooperatively in driving down costs related to health insurance and to identify savings that could be achieved by both public and private hospitals. I indicated to the insurers that I would be happy to hear proposals from them which would result in lower costs for the health insurance sector. A new review of the VHI's claims costs will be carried out to establish what further savings can be made. The review is be completed early this year and will contribute significantly to more effective cost control within the private health insurance market.

I am determined that these and other measures will have a significant impact in containing the level of any future increases in health insurance premiums. The Government's clear objective is for the health insurance market to remain competitive as we move towards a new system of Universal Health Insurance.

Health Services

Finian McGrath

Question:

208 Deputy Finian McGrath asked the Minister for Health the transport options available to a person (details supplied) in County Offaly. [4517/12]

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

Hospital Services

Robert Troy

Question:

209 Deputy Robert Troy asked the Minister for Health when the new St. Mary’s Geriatric Hospital in Mullingar, County Westmeath, will be opened; if the recent cutbacks in budget 2012 will have an effect on the opening of this hospital; the level of service it is due to provide; and if he will make a statement on the matter. [4525/12]

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

Peadar Tóibín

Question:

210 Deputy Peadar Tóibín asked the Minister for Health the position regarding a hospital test in respect of a person (details supplied). [4536/12]

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 were instructed to ensure that, by the end of 2011, they had no patients waiting more than 12 months for treatment. I can confirm that the vast majority of hospitals achieved this objective. During 2012 the SDU will support hospitals in the delivery of a 9 month maximum wait time for in-patient or daycase surgery

As this is a service matter, it has been referred to the HSE for direct reply. Should the patient's general practitioner consider that the patient's condition warrants an earlier appointment, he/she would be in the best position to take the matter up with the consultant and facility involved.

Health Service Staff

David Stanton

Question:

211 Deputy David Stanton asked the Minister for Health, further to Parliamentary Question No. 80 of 8 November 2011, the further progress which has been made regarding the establishment of a podiatrists registration board and in allowing podiatrists supply and administer prescription medicines under medicinal products legislation; and if he will make a statement on the matter. [4546/12]

David Stanton

Question:

212 Deputy David Stanton asked the Minister for Health, further to Parliamentary Question No. 80 of 8 November 2011, the contact he has had with the UK Department of Health regarding its consultation process on prescribing rights for podiatrists; and if he will make a statement on the matter. [4547/12]

I propose to take Questions Nos. 211 and 212 together.

The Health and Social Care Professionals Council was established in March 2007 to implement the Health and Social Care Professionals Act 2005. The Act provides for the establishment of a system of statutory registration for twelve health and social care professions including podiatrists. It will apply to the designated professions regardless of whether they work in the public or private sector or are self-employed. It is the first time that fitness to practice procedures will be put in place for these professionals on a statutory basis.

The first registration board to be established under the Council, the Social Workers Registration Board, was established in August 2010 and the Radiographers Registration Board was established in December 2011. At least four additional registration boards are scheduled for establishment in 2012, with subsequent registration boards to be established as soon as possible after that. With regard to the regulation of podiatrists and the establishment of their registration board, it is not envisaged that a registration board for this profession will be established in 2012.

The Medicinal Products (Prescription and Control of Supply) Regulations 2003 place strict controls on the prescribing, supply and administration of medicines, for the purpose of patient protection. In order to create an entitlement for a health profession to supply or administer prescription medicines to patients, it is first necessary for that profession to be subject to a statutory regulatory regime which includes fitness to practice and disciplinary sanctions.

While I am open to making medicines more accessible to patients where safe and appropriate to do so, including permitting the use of medicines by health professions such as podiatrists, statutory registration of podiatrists is a prerequisite to any legislation which would permit a podiatrist to supply and administer prescription medicines to patients. I am aware of developments in the United Kingdom where there is a consultation process underway regarding prescribing rights of podiatrists. However I would point out that podiatrists in the United Kingdom have been subject to a statutory registration system for many years.

Ministerial Staff

Billy Kelleher

Question:

213 Deputy Billy Kelleher asked the Minister for Health if he is recruiting a replacement adviser; the responsibilities any new adviser would assume; the salary any new adviser will be paid; and if he will make a statement on the matter. [4551/12]

In the context of my Special Advisor reducing his work commitment from full time to one-third time, I am currently engaged in discussions with my colleague the Minister for Public Expenditure and Reform about the appointment of a second Special Advisor on a two-thirds time basis. These discussions, which have yet to be finalised, include consideration of an appropriate salary level. The intention is that the appointee would share the responsibilities currently being discharged by my Special Advisor.

Accident and Emergency Services

Billy Kelleher

Question:

214 Deputy Billy Kelleher asked the Minister for Health the names and numbers of emergency units that will be downgraded to urgent care centres; and if he will make a statement on the matter. [4607/12]

Billy Kelleher

Question:

215 Deputy Billy Kelleher asked the Minister for Health the basis on which emergency units will be downgraded to urgent care centres; and if he will make a statement on the matter. [4608/12]

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

Immediately following my appointment I set about establishing the Special Delivery Unit to unblock access to acute services by improving the flow of patients through the system. The SDU was established in June last year and quickly began work with the HSE to put in place a systematic approach to eliminate excessive waiting in emergency departments. The SDU is establishing an infrastructure based on information collection and analysis, hospital by hospital, so that we will know what is actually happening in real time. This will allow us to begin to embed performance management in the system to sustain shorter waiting times.

The Special Delivery Unit has a special focus on trolley issues. During October 2011, the SDU wrote to hospitals with the highest numbers waiting on trolleys seeking proposals aimed at reducing those numbers over the critical period of November 2011 to January 2012. A range of measures were approved across 16 hospital sites and funding of €4.85 million was allocated for the purpose with strict performance criteria laid down.

While it is too early for complacency, the signs so far have been very encouraging with significant reductions being recorded nationally in numbers waiting each day when compared with the same period last year. The situation will be closely monitored and the appropriate action will be taken in relation to sites at risk up to and including postponing elective surgery for a short period.

I also want to ensure that as many services as possible can be provided safely in smaller, local hospitals. Joint HSE/Departmental group is currently developing a framework for the future development of smaller hospitals. Consultation with all the key stakeholders, including patients and public representatives, will be an integral part of the process.

The organisation of hospital services nationally, regionally and locally will be informed by the clinical programmes, which have been developed and implemented by the HSE, and by the work on the framework for the development of smaller hospitals. These inter-related programmes aim to improve service quality, effectiveness and patient access and to ensure that patient care is provided in the service setting most appropriate to individuals' needs.

The following additional information was provided under Standing Order 40A

Immediately following my appointment I set about establishing the Special Delivery Unit to unblock access to acute services by improving the flow of patients through the system. The SDU was established in June last year and quickly began work with the HSE to put in place a systematic approach to eliminate excessive waiting in emergency departments. The SDU is establishing an infrastructure based on information collection and analysis, hospital by hospital, so that we will know what is actually happening in real time. This will allow us to begin to embed performance management in the system to sustain shorter waiting times. The Special Delivery Unit has a special focus on trolley issues. During October 2011, the SDU wrote to hospitals with the highest numbers waiting on trolleys seeking proposals aimed at reducing those numbers over the critical period of November 2011 to January 2012. A range of measures were approved across 16 hospital sites and funding of €4.85 million was allocated for the purpose with strict performance criteria laid down. While it is too early for complacency, the signs so far have been very encouraging with significant reductions being recorded nationally in numbers waiting each day when compared with the same period last year. The situation will be closely monitored and the appropriate action will be taken in relation to sites at risk up to and including postponing elective surgery for a short period. I also want to ensure that as many services as possible can be provided safely in smaller, local hospitals. A joint HSE/departmental group is currently developing a framework for the future development of smaller hospitals. Consultation with all the key stakeholders, including patients and public representatives, is an integral part of the process. The organisation of hospital services nationally, regionally and locally will be informed by the clinical programmes, which have been developed and implemented by the HSE, and by the work on the framework for the development of smaller hospitals. These interrelated programmes aim to improve service quality, effectiveness and patient access and to ensure that patient care is provided in the service setting most appropriate to individuals' needs. The draft framework for the future development of smaller hospitals is close to completion and I will consider it shortly. Any decisions on the future development of smaller hospitals will require to be looked in the context of the framework, when this process is completed.

Hospital Services

Billy Kelleher

Question:

216 Deputy Billy Kelleher asked the Minister for Health the basis on which community hospitals and beds in community hospitals will close; and if he will make a statement on the matter. [4609/12]

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

Billy Kelleher

Question:

217 Deputy Billy Kelleher asked the Minister for Health his plans to bring all community hospitals up to Health Information and Quality Authority standards; if he has a plan for hospitals he intends not to bring up to HIQA standards; and if he will make a statement on the matter. [4610/12]

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

The following additional information was provided under Standing Order 40A

I wish to state that in accordance with the Health Act 2004, the arrangement for providing responses on detailed operational issues is a matter for the Health Service Executive. Section 7(4) of the Act specifies that "The Executive shall manage and shall deliver, or arrange to be delivered on its behalf, health and personal social services in accordance with the Act." In that context, the HSE is carrying out a viability review of all its long stay nursing homes. When complete, this will give a clear outline and profile of each of the public long stay units including their status on meeting Health Information and Quality Authority standards.

Caoimhghín Ó Caoláin

Question:

218 Deputy Caoimhghín Ó Caoláin asked the Minister for Health if he will ensure that a person (details supplied) in County Carlow has access to urgent neurosurgery which has been repeatedly postponed at Beaumont Hospital; and if he will make a statement on the matter. [4612/12]

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 were instructed to ensure that, by the end of 2011, they had no patients waiting more than 12 months for treatment. I can confirm that the vast majority of hospitals achieved this objective. During 2012 the SDU will support hospitals in the delivery of a 9 month maximum wait time for inpatient or daycase surgery

As this is a service matter, it has been referred to the HSE for direct reply. Should the patient's general practitioner consider that the patient's condition warrants an earlier appointment, he/she would be in the best position to take the matter up with the consultant and facility involved.

Health Insurance

Billy Kelleher

Question:

219 Deputy Billy Kelleher asked the Minister for Health if current legislation prevents private health insurance providers removing themselves from using public sector hospitals; and if he will make a statement on the matter. [4617/12]

Minimum benefit is one of the key principles on which the Irish private health insurance regulatory system is based. Minimum Benefit Regulations, made under the Health Insurance Acts, require insurers to offer a minimum benefit to every insured person. The key purpose of the Regulations is to ensure the continued availability of the type of broad hospital cover traditionally held as a minimum by the insured population and to ensure that individuals do not significantly under-insure. Minimum Benefit Regulations help to ensure that consumers obtain a minimum level of health insurance cover regardless of what plan they purchase. Minimum Benefit Regulations were introduced in 1996, under Section 10 of the Health Insurance Act 1994. The Regulations cover in-patient, out-patient and day-patient services provided by publicly funded hospitals, private hospitals, registered nursing home and hospital consultants.

At present, the minimum benefits cover access to a semi-private room in a public hospital, including in-patient consultant fees, and cover a wide range of acute treatments, and this represents the minimum level of cover that must be offered to every insured person. The current regulations will be examined as part of the overall strategy to address issues in the private health insurance market, leading in to the introduction of Universal Health Insurance.

Health Service Staff

Billy Kelleher

Question:

220 Deputy Billy Kelleher asked the Minister for Health if he has discussed the issue of the large cohort of nursing staff in particular leaving the health services in February and the impact this will have on front-line services; if it will impact on the quality of patient care; his views that the Health Service Executive will manage this transition; and if he will make a statement on the matter. [4618/12]

The Government has determined that, in line with its commitment to reduce the size of the public service, health sector employment numbers must be reduced to approximately 102,000 in 2012. The most recent HSE data indicates that, over the two-month period to end-February 2012, some 2,100 health service staff will retire from the health service. Of this figure approximately 1,000 are nurses.

The cumulative impact of staff reductions from this year and previous years represents a significant challenge for the health system in delivering services. The priority is to reform how health services are delivered in order to ensure a more productive and cost effective health system. The HSE National Service Plan includes a commitment to addressing necessary reforms within the context of the Public Service Agreement. It also commits the HSE to minimising the impact on services by fast-tracking new, innovative and more efficient ways of using reduced resources, including greater flexibilities in work practices and rosters (especially of nursing and medical staff).

Given the need to maintain the quality of patient care, I have asked the HSE to submit, as a matter of urgency, its assessment of the likely impact of retirements to the end of February, to identify particular pressure points and to develop appropriate measures to deal with significant departures in a given service or area. I also intend to review the Service Plan once the full impact of the staff leaving at the end of the 29 February "grace period" is known.

Health Services

Billy Kelleher

Question:

221 Deputy Billy Kelleher asked the Minister for Health if he and/or the Health Service Executive has made a policy decision to exclude the public sector from providing long-term nursing care in the future; if there is a preference to allow the private sector play a dominant role in this sector; and if he will make a statement on the matter. [4619/12]

Government policy in relation to older people is to support people to live in dignity and independence in their own homes and communities for as long as possible. Where this is not feasible, the health service supports access to quality long-term residential care where this is appropriate.

While the Minister and this Government continues to reiterate our commitment to the future public provision of residential care for older people we must recognise that the HSE is facing challenges in respect of all services in 2012. In the case of Community Nursing Units these include challenges regarding staffing, funding and the age and structure of its units. It is clear that on a business as usual basis, the HSE would have to close further beds across a range of public community nursing units in 2012. In the absence of reform, this would increase the cost of caring for older persons within the public system, undermine the viability of public community nursing units and reduce the overall number of older persons that can be supported within the budget available for Fair Deal. This is not a sustainable way forward and would not meet the needs of older persons, local communities, the taxpayer or those working in the public service.

Instead, we need a more pro-active approach to the provision of community nursing home units which seeks to protect the viability of as many units as possible within the funding and staffing resources available, including smaller units where challenges of scale may require more innovative approaches to service delivery. This is likely to require a combination of actions such as consolidation of services, and changes in staffing, skill mix and work practices.

Consideration must be given to the different types of services required — such as long-stay and transitional — and the respective strengths of public and private community nursing units in that regard; the public and private capacity available within an area; the age and structure of public units; and the wider needs of the local community. Alternative options for providing a viable community nursing service including a possible role for local communities or other voluntary providers also need to be explored. The HSE is already examining issues in this regard and will be working closely with the Department to develop an overall set of proposals for the Minister.

Departmental Funding

Brendan Griffin

Question:

222 Deputy Brendan Griffin asked the Minister for Health if he will prioritise funding for a project (details supplied) in County Kerry; and if he will make a statement on the matter. [4636/12]

Delivery of health capital infrastructure is a service matter. Therefore your question has been referred to the Health Service Executive for direct reply.

Brendan Griffin

Question:

223 Deputy Brendan Griffin asked the Minister for Health if he envisages the availability of funding for a project (details supplied) in County Kerry; and if he will make a statement on the matter. [4637/12]

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

Brendan Griffin

Question:

224 Deputy Brendan Griffin asked the Minister for Health his position regarding funding for a project (details supplied) in County Kerry; and if he will make a statement on the matter. [4638/12]

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

Health Services

Michael Healy-Rae

Question:

225 Deputy Michael Healy-Rae asked the Minister for Health the number of children who have been assessed and diagnosed with autistic spectrum disorder in the mid-Leinster region in the past five years; and if he will make a statement on the matter. [4651/12]

Michael Healy-Rae

Question:

226 Deputy Michael Healy-Rae asked the Minister for Health the number of children with a diagnosis of autistic spectrum disorder currently receiving therapy including psychology, occupational, speech and language and physiotherapy by an early intervention team in County Kerry; and if he will make a statement on the matter. [4652/12]

I propose to take Questions Nos. 225 and 226 together.

As the Deputy's questions relate to service matters, I have arranged for these questions to be transferred to the Health Service Executive for direct reply.

Medical Cards

Michael Healy-Rae

Question:

227 Deputy Michael Healy-Rae asked the Minister for Health the position regarding a medical card appeal in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [4656/12]

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

Michelle Mulherin

Question:

228 Deputy Michelle Mulherin asked the Minister for Health the position regarding a medical card application in respect of a person (details supplied) in County Mayo; if same will be expedited; and if he will make a statement on the matter. [4675/12]

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

Hospital Services

Joe Higgins

Question:

229 Deputy Joe Higgins asked the Minister for Health if he will instruct the Health Service Executive to open all the beds in Dingle Hospital, County Kerry, to full capacity with immediate effect in view of the pressure for long-stay places for the elderly on the Dingle Peninsula. [4678/12]

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

Bernard J. Durkan

Question:

230 Deputy Bernard J. Durkan asked the Minister for Health the basis on which a person (details supplied) in County Kildare is deemed liable for a €290 charge that is not covered by VHI at the Hermitage Hospital, Dublin, in view of the fact that they were transferred there from Blanchardstown Hospital; and if he will make a statement on the matter. [4681/12]

While I have overall responsibility for the VHI, the VHI is a commercial company operating in a competitive market. The VHI is free under its governing legislation to design its own health insurance schemes and to enter into agreements with health service providers. I have no role to play in the day to day operations of the VHI or of any private health insurance company and the issue raised by the Deputy appears to be a private contractual matter between the customer and his insurer. If the individual in question is not satisfied with the decisions made in this case, they may contact the industry regulator, the Health Insurance Authority (www.hia.ie— Canal House, Canal Road, Dublin 6, Lo-Call 1850 929 166).

Care of the Elderly

Mary Lou McDonald

Question:

231 Deputy Mary Lou McDonald asked the Minister for Health if he will provide a breakdown in the reduction of home care packages and home help hours between 2009 and 2011 for the Dublin Central area. [4739/12]

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

Medical Cards

Sandra McLellan

Question:

232 Deputy Sandra McLellan asked the Minister for Health the length of time it should take to make a decision on medical card applications when the applicant has submitted further information that was requested of them; the reason the further information when submitted is not added immediately to the applicant’s file; and if he will make a statement on the matter. [4748/12]

I have asked the Health Service Executive to provide the information which the Deputy has requested and I will revert to the Deputy as soon as possible.

Tourism Industry

Brendan Griffin

Question:

233 Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport if funding will be provided in respect of a festival (details supplied) in County Kerry; and if he will make a statement on the matter. [4498/12]

The matter raised is an operational matter for Fáilte Ireland. I have referred the Deputy's Question to Fáilte Ireland for direct reply. Please advise my private office if you do not receive a reply within ten working days.

Road Network

Éamon Ó Cuív

Question:

234 Deputy Éamon Ó Cuív asked the Minister for Transport, Tourism and Sport if money will be provided under the LIS scheme for non-public roads this year, due to the fact that applications were received by local authorities before the scheme was suspended; and if he will make a statement on the matter. [4532/12]

The current expenditure for regional and local roads will be reduced significantly over the next few years in light of the current difficult economic climate. Reductions of the magnitude proposed necessitated that some very good and worthwhile projects be curtailed. In making adjustments to the regional and local roads budget the primary aim has been, as far as is possible, to protect previous investment in the road network and use the available funding to maintain and restore public roads, including those in rural areas.

To that end, it was necessary to discontinue grants under the Local Improvements Scheme achieving a saving of €5 million. While the importance of this scheme to rural communities and in assisting local development projects on non-public accommodation roads is acknowledged, the maintenance and improvement of these roads is, in the first instance a matter for the relevant landowner.

Given that the priority in using scarce resources in the current difficult economic climate is to maintain public roads it is not possible to assist with any works on non-public roads and therefore this scheme has been suspended. It should be noted that it is open to local authorities to continue to operate the scheme or a similar scheme from their own resources and I am sure they will do if they consider it to be a good use of limited resources.

Brendan Griffin

Question:

235 Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport the law regarding cases in which cow manure left on public roads is problematic for pedestrians, cyclists and even motorists in particularly bad scenarios; and if he will make a statement on the matter. [4644/12]

The improvement and maintenance of regional and local roads is a statutory function of each road authority within its area, in accordance with the provisions of section 13 of the Roads Act, 1993. Works on such roads are a matter for the relevant local authority to be funded from its own resources and may be supplemented by State road grants.

Section 13(10) also outlines the responsibility of individuals to ensure, where cattle frequently cross public roads, that dung or urine does not build up so as to cause danger to road users or indeed damage the public road itself. This section also states that where a person does anything in contravention of this, a road authority may remove any defacement, repair any damage, remove any material, and may recover from such person, as a simple contract debt in any court of competent jurisdiction, any costs reasonably incurred by it.

Ministerial Staff

Michael Healy-Rae

Question:

236 Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport the number of advisers in his Department; the number of high level appointees to committees annually since 2009; the amount that each receives; and if he will make a statement on the matter. [4653/12]

The Department has a number of civil service staff whose primary function is to provide it with specialist advice in areas such as engineering, sustainability and legal services. I assume, however, that the question refers to non-civil service staff appointed as advisors to Ministers. Three such advisors have been appointed to support me in my role as Minister: a press advisor at €80,051 per annum, a Special Advisor at €105,837 and a Policy Advisor (in lieu of a Personal Assistant) at €48,520.

While it is unclear what is meant by the Deputy's reference to high level committee appointees, there have been some such appointments to committees under the aegis of the Department since 2009 as set out below.

Ms Julie O'Neill was appointed as Chairperson of the High Level Steering Group on the proposed NRA/RPA Merger in May 2010 for a fee of €9, 950 for 16 days work plus a further €622 per diem rate payable for a maximum of 3 further days.

The Tourism Renewal Implementation Group was set up in 2010 but has since ceased to operate. There were no fees paid to any of the members who were as follows:

Ms Mary Hanafin, Chairperson and then Minister for Tourism, Culture and Sport

Mr. Tony Kelly, Marketing Director, Irish Ferries

Ms Fiona O'Sullivan, Director, Custom Ireland

Mr. John Raferty, Downhill Inn Hotel, Ballina, Co. Mayo

Mr. Ed Ronayne, Ronayne Catering Ltd

Mr. Eamonn McKeon, Chief Executive, Irish Tourist Industry Confederation

Mr. Niall Gibbons, Chief Executive, Tourism Ireland

Mr. Shaun Quinn, Chief Executive, Fáilte Ireland

Mr. Paul Bates, an Assistant Secretary of my Department.

The London 2012 Olympics Coordinating Group was established in November 2009. No fees are paid to any of the members who are as follows:

Mr. Michael Ring, T.D.Chair and Minister of State for Tourism and Sport

Mr. Eugene Downes, Culture Ireland

Mr. Niall Gibbons, Tourism Ireland

Mr. Liam Harbison, Paralympics Ireland

Ms Orlaith McBride, Arts Council

Mr. Donagh Morgan, an Assistant Secretary of my Department

Mr. Niall O Donnchu, Department of Arts, Heritage and the Gaeltacht

Ms Louise Kelly, Department of Foreign Affairs and Trade

Mr. Aidan Pender, Failte Ireland

Mr. John Treacy, Irish Sports Council

Mr. Gerry Wrynn, Department of Jobs, Enterprise and Innovation.

The Taxi Regulation Review Steering Group was established in June 2011. No fees are paid to any of the members who are as follows:

Minister of State Mr. Alan Kelly T.D., Chairman

Mr. Pat Byrne, Vice-Chairman (currently Chairman of Taxi Advisory Committee)

Mr. John Murphy, a former Assistant Secretary of my Department, replaced by

Mr. Dermot McCarthy, an Assistant Secretary of my Department

Ms Kathleen Doyle, Director of Taxi Regulation, National Transport Authority

Mr. Hugh Creegan, Director of Transport Planning and Investment, National Transport Authority

Mr. Brendan Callaghan, Principal Officer, Department of Justice, Equality and Defence

Mr. John Evans, Manager, Monopolies Division, The Competition Authority

Chief Superintendent Gabriel McIntyre, National Traffic Corps, An Garda Síochána

Superintendent Declan Brogan, Carriage Office, An Garda Síochána

Superintendent Con O'Donohue, Garda National Traffic Bureau, An Garda Síochána (replacement for Chief Superintendent Gabriel McIntyre)

Mr. Philip Cox, Principal Officer, Special Investigation Unit, Department of Social Protection

Mr. Derek McGovern, taxi dispatch operator

Mr. Christy Humphreys, member of the Joint Taxi Council

Mr. Kevin Finn, taxi driver

Mr. John Keane, Taxi Alliance of Ireland

Mr. James Doorley, former Chair of Consumer Association of Ireland and Director of National Youth Council

Mr. Seamus Boland, CEO of Irish Rural Link

Ms Siobhán Barron, Director, National Disability Authority

Ms Renee Dempsey, Chief Executive, Equality Authority

Mr. Tim O'Sullivan, Executive Manager, Roads and Traffic Department, Dublin City Council.

Vehicle Testing

Michael Healy-Rae

Question:

237 Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport the reason there are five commercial vehicle test centres in north Kerry for testing jeeps and vans and there is none in south Kerry; and if he will make a statement on the matter. [4671/12]

In accordance with SI No. 771 of 2004, section 6, Local Authorities are currently responsible for appointing authorised testers for commercial vehicle testing (commercial vehicle test centres). Therefore, it is a matter for the Local Authority to decide where commercial vehicle test centres are located in their area.

The Road Safety Authority (RSA) is currently engaged in the implementation of a wide-ranging Commercial Vehicle Roadworthiness (CVR) reform programme. This reform programme will drive a "step change" in the roadworthiness standards of commercial vehicles operating on Ireland's roads. The programme will have 3 strands and will include a reform of the roadworthiness testing of commercial vehicles (including buses), increased roadside roadworthiness enforcement and operator maintenance systems compliance checks that are aimed at developing a much greater awareness of road safety issues amongst commercial vehicle operators and drivers. It is envisaged that the RSA will take over responsibility for licensing and supervising commercial vehicle testing in the near future when the required legislative provisions are in place.

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