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Dáil Éireann debate -
Tuesday, 31 Jan 2012

Vol. 753 No. 2

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.
Questions Nos. 9 to 42, inclusive, resubmitted.
Questions Nos. 43 to 51, inclusive, answered orally.

Údarás na Gaeltachta

Michael McGrath

Question:

52 D’fhiafraigh Michael McGrath den Aire Ealaíon, Oidhreachta agus Gaeltachta cad iad na hathruithe atá i gceist aige d’Údarás na Gaeltachta; an bhfuil níos lú béime anois ar chúrsaí gnó; agus an ndéanfaidh sé ráiteas ina thaobh. [5254/12]

Pádraig Mac Lochlainn

Question:

60 D’fhiafraigh Pádraig Mac Lochlainn den Aire Ealaíon, Oidhreachta agus Gaeltachta céard iad na spriocanna fostaíochta atá ag Údarás na Gaeltachta i mbliana; agus cén earnálacha ina bhfuil siad sin. [5178/12]

Pearse Doherty

Question:

75 D’fhiafraigh Pearse Doherty den Aire Ealaíon, Oidhreachta agus Gaeltachta cathain a bheidh toghcháin Údarás na Gaeltachta ar siúl; agus cén próiseas toghcháin atá ar intinn aige. [5177/12]

Jonathan O'Brien

Question:

77 D’fhiafraigh Jonathan O’Brien den Aire Ealaíon, Oidhreachta agus Gaeltachta an féidir leis a insint dúinn cén uair a líonfar na folúntais in Údarás na Gaeltachta don Phríomhfheidhmeannach agus do na bainisteoirí réigiúnacha. [5188/12]

Tógfaidh mé Ceisteanna Uimh. 52, 60, 75 agus 77 le chéile.

Ar 31 Bealtaine 2011, thóg an Rialtas na cinntí polasaí seo a leanas maidir le hÚdarás na Gaeltachta:

go mairfidh an status quo maidir le feidhmeanna reatha an Údaráis go ginearálta, a chuid feidhmeanna fiontraíochta san áireamh;

go mbeidh an fhreagracht maidir le forfheidhmiú na Straitéise 20 Bliain don Ghaeilge laistigh den Ghaeltacht ar an Údarás; agus

go ndéanfar foráil faoin mBille Gaeltachta atá beartaithe chun bord an Údaráis a laghdú go suntasach agus chun deireadh a chur leis an riachtanas do thoghcháin do bhord an Údaráis.

Tá na dréacht-Chinn don mBille Gaeltachta, a thabharfaidh feidhm do na cinntí seo de réir mar is cuí, dréachtaithe ag mo Roinn agus tá súil agam go gcuirfear faoi bhráid an Rialtais iad go han-luath agus go bhfoilseofar an Bille níos déanaí i mbliana.

D'fhógair an tÚdarás, ina ráiteas deireadh bliana ar 23 Eanáir 2012, go bhfuiltear ag súil, leis na hacmhainní atá ar fáil dó, go gceadófar tograí nua i rith na bliana a chruthóidh thart ar 700 post nua. Beidh straitéis fiontraíochta an Údaráis le linn 2012 dírithe ar thacaíocht a sholáthar dá chomhlachtaí reatha, infheistíocht bhreise a lorg ó chliant-chomhlachtaí nua agus reatha, agus tacú le fiontair atá bunaithe ar acmhainní nádúrtha sna hearnálacha uisce-shaothraithe, turasóireachta agus foraoiseachta. Cuirfear béim ar leith ar an bhfostaíocht a cailleadh i gceantair áirithe le roinnt blianta anuas a athchur agus ar an líon fostaíochta sa Ghaeltacht a thabhairt ar ais chuig leibhéil a bhí ann roimhe seo.

Maidir le post phríomhfheidhmeannach Údarás na Gaeltachta, tá cead tugtha agam don Údarás le cúpla lá anuas an post sin a líonadh i gcáil bhuan. Maidir le poist na mBainisteoirí Réigiúnacha, is ceist don Údarás féin a chuid foirne a bhainistiú faoi réir na dtreoirlínte atá leagtha síos ag an Roinn Caiteachais Phoiblí agus Athchóirithe.

Archaeological Heritage

Bernard J. Durkan

Question:

53 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the extent to which he has prioritised heritage renewal, upgrading restoration projects throughout the country with a view to identifying the most important or sensitive areas whereby positive intervention could have a beneficial effect beyond the actual cost in terms of benefits to the national heritage, economically and culturally; if particular locations have been identified in this regard; and if he will make a statement on the matter. [5191/12]

In 2011, my Department provided €650,000 through a "Structures at Risk Fund" to assist with works to safeguard structures, both in private and civic ownership, protected under the Planning and Development Acts 2000-2010. This fund was administered by local authorities. This funding was focused primarily on those protected structures most at risk.

€105,000 in funding was also provided through the National Monuments Service of my Department for rescue excavations at archaeological sites under immediate threat of damage and destruction.

In addition, my Department provided capital assistance of €1.25 million to the Office of Public Works to assist in the conservation and presentation of historic properties and national monuments in State care. This included work on such iconic projects as the National Botanic Gardens and Cormac's Chapel on the Rock of Cashel, both major tourist attractions.

My Department also funds infrastructural developments in Ireland's National Parks and Reserves. These are key assets in Ireland's tourism infrastructure. In this regard, my Department has received a grant of €5.2 million from Fáilte Ireland to restore Killarney House in Kerry as a visitor centre and gateway to Ireland's most popular national park. Work commenced on the House in 2011.

My Department also provided funding of almost €7.5 million to support the work of the Heritage Council, which in turn provides support for built and natural heritage projects.

The Deputy will appreciate that, due to the economic situation and the significant reductions in the capital allocations provided to my Department, the resources available to me for the provision of grants for the protection of the built heritage are limited. This will have a further impact on the provision of funding in 2012.

Interdepartmental Committees

Robert Troy

Question:

54 Deputy Robert Troy asked the Minister for Arts, Heritage and the Gaeltacht the number of times the implementation committee for the Creative Capital report, Building Ireland’s Audiovisual Creative Economy, has met since the report’s publication in July; when the committee will issue a set of recommendations; and if he will make a statement on the matter. [5232/12]

The Implementation Committee established last July to examine the feasibility of the implementation of the recommendations in the Creative Capital Report — Building Ireland’s Audiovisual Creative Economy— has met on three occasions. The Committee is chaired by my Department and has representation from the Departments of Finance, Public Expenditure and Reform, Education and Skills, Communications, Energy and Natural Resources, and Jobs, Enterprise and Innovation. The Irish Film Board, Screen Producers Ireland and the Broadcasting Authority of Ireland are also represented.

The Creative Capital Report identified the strengths and weaknesses of the Irish industry and recommended to Government specific action that will equip the industry to successfully enter the next phase of its growth from a predominantly domestic platform into international markets.

While the Implementation Committee has met formally on three occasions, informal contact continues between meetings. I expect the Committee's interim report around Easter.

Tax Code

Dara Calleary

Question:

55 Deputy Dara Calleary asked the Minister for Arts, Heritage and the Gaeltacht if he has considered extending section 481 tax relief to the digital content creation industry; and if he will make a statement on the matter. [5236/12]

Under section 481 of the Taxes Consolidation Act 1997, tax relief is allowed for investments in certain films and TV productions. The types of productions eligible for certification are feature film, television drama, creative documentary and animation. The scheme is kept under regular review in consultation with the Irish Film Board and any changes considered necessary are brought to the attention of the Minister for Finance, as appropriate. The scheme was amended in the Finance Acts of 2000, 2003, 2004, 2005, 2006, 2008 and, most recently, in 2011. The amendments in 2011 extended the scheme for a further three years until the end of 2015.

The whole area of the development of the Irish audiovisual industry, including incentives to build strong companies, was examined during the preparation of the Creative Capital Report—Building Ireland’s Audiovisual Creative Economy. The Report was published in July and an Implementation Committee is at present examining the advancement of its recommendations. I am expecting a report from that Committee around Easter. This strategic review will focus on issues regarding talent development, convergence, sectoral growth, education and the digital opportunities for Ireland, as well as reporting on industry leadership, State agency roles and innovation. It will provide a road map for the next few years and will assist in enabling the domestic audiovisual content production sector to develop into an internationally traded sector for product and services over a five year period 2011 to 2015.

Primary responsibility for the support and promotion of film-making in Ireland, in respect of both the indigenous sector and inward productions, is a matter for the Irish Film Board. This agency is funded through my Department and has been allocated €15.7 million in 2012 to carry out its functions.

Question No. 56 answered with Question No. 49.

Costais Riaracháin

Brendan Smith

Question:

57 D’fhiafraigh Brendan Smith den Aire Ealaíon, Oidhreachta agus Gaeltachta cé mhéad a íocann Foras na Gaeilge ar chostais riaracháin, cíos san áireamh, in aghaidh na bliana; agus an ndéanfaidh sé ráiteas ina thaobh. [5264/12]

Mar áisíneacht den Fhoras Teanga, déantar Foras na Gaeilge a mhaoiniúó mo Roinnse agus ón Roinn Cultúir, Ealaíon agus Fóillíochta ó thuaidh, i gcomhréir le buiséid atá ceadaithe ag an gComhairle Aireachta Thuaidh Theas.

Tuigtear dom ó Fhoras na Gaeilge go raibh costais riaracháin measta de €5.49m i gceist don bhliain 2011. Ba chóir a mhíniú go gclúdaíonn na costais riaracháin sin réimse leathan caiteachais mar a bhaineann le pá agus cúrsaí foirne, riarachán ginearálta, cíos oifige, árachas, iniúchóireacht agus nithe gaolmhara eile.

Is foireann de 60 duine a bhí fostaithe ag Foras na Gaeilge ar 31 Nollaig 2011, ina measc naonúr a bhí fostaithe ar bhonn conartha ag plé leis an mórfhoclóir nua Béarla-Gaeilge. Tá foireann an Fhorais lonnaithe i gcúig oifig, lena n-áirítear dhá oifig i mBaile Átha Cliath agus oifigí eile i Ráth Chairn, Gaoth Dobhair agus Béal Feirste.

Clár Forbartha Áitiúil

Brian Stanley

Question:

58 D’fhiafraigh Brian Stanley den Aire Ealaíon, Oidhreachta agus Gaeltachta an féidir leis soiléiriú a thabhairt maidir le todhchaí Arramara Teo. [5186/12]

Mar a chuir mé in iúl i mo fhreagra ar Cheist Dála 42 ar 24 Samhain 2011, tá próiseas idir lámha ag Údarás na Gaeltachta chun páirtnéir straitéiseach a lorg d'Arramara Teo, comhlacht atá faoi lán-úinéireacht an Údaráis ón mbliain 2006. Tuigtear dom ón Údarás go bhfuil dul chun cinn maith á dhéanamh leis an bpróiseas, atá anois ag an staid go bhfuiltear ag aithint an "táirgeoir is dealraithí a roghnófar". Tuigtear dom fosta go bhfuiltear ag súil leis an gcuid sin den phróiseas a bheith críochnaithe faoi Aibreán 2012.

Aithníonn an tÚdarás an poitéinseal fáis agus forbartha atá ag an earnáil próiseála feamainne agus tá mé dóchasach, dá bharr, go rachaidh an próiseas atá idir lámha chun leasa an chomhlachta, a chuid fostaithe, lucht bainte feamainne agus na hearnála i gcoitinne.

Wildlife Protection

Barry Cowen

Question:

59 Deputy Barry Cowen asked the Minister for Arts, Heritage and the Gaeltacht his plans to re-introduce stag hunting; and if he will make a statement on the matter. [5240/12]

The Wildlife (Amendment) Act 2010 made it an offence to hunt a deer with two or more dogs. This legislation had the purpose of banning stag hunting by riders and hounds.

I have a broad remit to protect Ireland's wildlife and natural heritage. One of my biggest challenges will be to work towards greater common understanding of the issues we face in protecting our natural heritage. My Department has significant challenges before it to ensure that Ireland is in full compliance with EU Directives on nature conservation and that we ensure that the richness of Ireland's built and natural heritage contributes to national economic recovery. It is my view that the resources of my Department should be focused on those areas. I will continue to keep all provisions of the Wildlife Acts under review and introduce improvements to the law, where appropriate.

Question No. 60 answered with Question No. 52.

Job Creation

Jonathan O'Brien

Question:

61 Deputy Jonathan O’Brien asked the Minister for Arts, Heritage and the Gaeltacht the full extent to which he expects to utilise the area of the arts and heritage to contribute to job creation; and if he will make a statement on the matter. [5203/12]

Denis Naughten

Question:

81 Deputy Denis Naughten asked the Minister for Arts, Heritage and the Gaeltacht his plans to develop the creative sector of the economy; and if he will make a statement on the matter. [4750/12]

I propose to take Questions Nos. 61 and 81 together.

Positioned at the core of local, regional, urban and rural activities, the arts, creative and heritage-related sectors play a pivotal part in the economic life of communities across the country, including the vital area of employment. Employment in the arts sector embraces a very diverse and broad extent of activities, encompassing those engaged in specific arts practice, as well associated wider elements.

I believe strongly that cultural tourism can contribute in a significant way to the restoration of the economy and the creation of jobs. A 2009 study reported that employment dependent on the arts, culture and creative sectors combined was 170,000, or 8.7% of total employment in the economy. Taking into account economic multipliers, the same study estimated that the value added dependent on the arts, culture and creative sectors was €11.8 billion, or 7.6% of total GNP.

A more recent study by Indecon in 2011 showed that total employment in the wider arts sector, which includes film and video, museums and other cultural activities, literature and publishing, amounted to 21,300 and contributed €716m (GVA) to the economy in 2010. I will continue to work to build on these foundations.

Departmental Bodies

Brian Stanley

Question:

62 Deputy Brian Stanley asked the Minister for Arts, Heritage and the Gaeltacht how the subsuming of Culture Ireland into his Department will affect the function and role of that body; how he intends to ensure the continued promotion of Irish arts internationally; and if he will make a statement on the matter. [5201/12]

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

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

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

Heritage Sites

David Stanton

Question:

63 Deputy David Stanton asked the Minister for Arts, Heritage and the Gaeltacht, further to Parliamentary Question No. 57 of 18 October 2011, if the review of Irish Heritage Trust has been completed; and if he will make a statement on the matter. [5267/12]

My Department commenced a review of the operation of the Irish Heritage Trust in 2011 in accordance with a protocol agreed with the Trust in 2006. In this regard, my Department invited observations on an Issues Paper in relation to the operation of the Trust. 16 submissions were received. My Department intends to finalise the review, in consultation with the trust, over the coming weeks.

Departmental Bodies

Sean Fleming

Question:

64 Deputy Sean Fleming asked the Minister for Arts, Heritage and the Gaeltacht the progress made on his plans to consolidate boards and agencies in his Department since publication of the Public Service Reform plan; and if he will make a statement on the matter. [5244/12]

As the Deputy will be aware, in November 2011 the Government announced a number of amalgamations and mergers of bodies that come within the ambit of my Department. Details of these can be accessed on the website of the Department of Public Expenditure and Reform at www.per.gov.ie. Clearly, the amalgamation and merger of these bodies, including consolidation of boards, raises complex issues, which my Department is currently examining. A Departmental Reform Committee was established recently, which will be liaising with the relevant bodies in the weeks ahead in order to implement the Government’s Decision in this regard as effectively and efficiently as possible. I expect to be reverting to Government on progress made in relation to this process by June of this year.

Question No. 65 answered with Question No. 50.

Architectural Heritage

Michael McNamara

Question:

66 Deputy Michael McNamara asked the Minister for Arts, Heritage and the Gaeltacht if he agrees with the decision of county councillors in north Clare to withhold from themselves and the public a consultant’s report on the future development of Blake’s and Linnane’s Corner, Ennistymon, County Clare, commissioned by Clare County Council at a cost of €15,000, which moneys were ultimately provided by him. [37428/11]

I did not fund and am not familiar with the report referenced by the Deputy. However, I consider that the dissemination of any report that the council has itself commissioned is entirely be a matter for the council itself.

Census Publication

Aengus Ó Snodaigh

Question:

67 Deputy Aengus Ó Snodaigh asked the Minister for Arts, Heritage and the Gaeltacht the efforts he has made to publish the 1926 census; and if he will make a statement on the matter. [5197/12]

The Programme for Government contains a commitment to enabling the publication of the 1926 Census. The project requires two principal components to be addressed. The first is the legal necessity to change the relevant legislation to permit publication of the Census before the expiry of the statutory 100 year period, while respecting certain rights. The second is the technical process whereby the material can be converted from the paper records to a searchable electronic database in a cost-effective fashion. Legal advice has been obtained in relation to the legislative changes and consultation with bodies involved is in progress. Possible technical approaches are also currently being considered, as are their resource implications.

National Asset Management Agency

Sandra McLellan

Question:

68 Deputy Sandra McLellan asked the Minister for Arts, Heritage and the Gaeltacht the contact he has had to date with the National Asset Management Agency with regard to the use of NAMA buildings for cultural purposes; and if he will make a statement on the matter. [5193/12]

I refer the Deputies to my replies to a number of previous Parliamentary Questions on this matter. I have met the chair and chief executive of NAMA in relation to the potential use of NAMA buildings for cultural purposes.

NAMA was set up to acquire loans from certain financial institutions and it does not own property as such. In most cases, the property securing these loans is under the control of the debtor and will remain so as long as the debtor continues to meet his obligations. In the case of certain debtors, NAMA has taken enforcement action and the property securing the loans is now under the control of receivers or other insolvency agents appointed by NAMA.

My Department will continue engagement with NAMA in instances where assets of shared interest arise. In that regard, I would like to welcome the re-opening of the Lighthouse Cinema last week.

Commemoration of Events

Seán Crowe

Question:

69 Deputy Seán Crowe asked the Minister for Arts, Heritage and the Gaeltacht the preparations that have been made regarding the commemoration of the 1916 Rising; and if he will make a statement on the matter. [5200/12]

I am satisfied that the Centenary commemoration of the Easter Rising in 2016 requires a comprehensive programme that will also present the economic, social and cultural conditions of the period. The development of the commemorative programme is therefore oriented towards the entire Decade of Centenaries, 2012 to 2022, with official consideration currently being focussed on the period from 2012 to 2016.

The Government envisage a framework that will feature not only the official commemorative programme but also the initiatives of local authorities, national cultural and sporting organisations, heritage groups and community initiatives. A special effort will be made to ensure that all events are organised on an inclusive basis with respectful regard for the different traditions in Ireland. As we explore our shared heritage, we will also be mindful of the interest and affinity of the Irish abroad in the commemorative programme.

With a view to the enhanced engagement required of all partners, arrangements are being made to strengthen the Oireachtas Consultation Group on commemorations, which is expected to meet shortly.

Departmental Bodies

Dessie Ellis

Question:

70 Deputy Dessie Ellis asked the Minister for Arts, Heritage and the Gaeltacht how the recently announced plans for public sector reform will affect the role and functions of the Heritage Council; the way he intends to ensure the continued protection and enhancement of our national heritage; if service levels will be maintained and improved; the savings which are expected; and if he will make a statement on the matter. [5195/12]

Under the Public Service Reform Programme announced by Government on 17th November last, the Heritage Council is included in Appendix IIb as a candidate body for critical review by end-June 2012. The focus of the review in relation to the Council is to examine the potential merger of functions of the Council into my Department. Any decision in relation to the future of the Council will await the finalisation of that review. Funding of some €48.421m has been made available to my Department in 2012 to support investment and the delivery of services across the built and natural heritage areas. This represents a reduction from €52.096m in 2011.

It may be noted that due to the national economic difficulties, there has been a significant reduction in the capital allocations provided to my Department since 2008. However, notwithstanding these constraints, I intend to ensure that service levels are maintained to the extent possible, with funding directed at priority areas of environmental compliance, protection of structures at risk, and supporting tourism and economic renewal.

State Art Collection

Derek Keating

Question:

71 Deputy Derek Keating asked the Minister for Arts, Heritage and the Gaeltacht the number of pieces of valuable art that are in storage because of a lack of facilities, staff or restoration services; if he can provide examples of some of the more expensive and exciting items that have not yet been put on display; and if he will make a statement on the matter. [4752/12]

The State's principal art collections are managed by the National Gallery of Ireland, the Irish Museum of Modern Art and the Crawford Art Gallery, Cork.

The National Gallery of Ireland operates as an autonomous statutory body in accordance with the provisions of the National Gallery of Ireland Act 1928, as amended. The Crawford Art Gallery Cork and the Irish Museum of Modern Art are both incorporated as companies limited by guarantee in accordance with the provisions of the Companies Acts 1963-2005. The Boards of these National Cultural Institutions are responsible for all operational matters relating to their institutions, including storage and exhibitions, and I, as Minister for Arts, Heritage and the Gaeltacht, do not have a statutory function in respect of operational matters.

I am sure the Deputy will appreciate that, for security reasons, it is not appropriate to comment on the number, value or significance of art works held by these institutions, either in storage or elsewhere. It is common policy for public art galleries to rotate their collections and, as a practice, galleries do not maintain static displays. The rotation of the collections and grouping of art works under inventive exhibition themes maintains the public profile of the galleries and helps attract increased visitor numbers.

Question No. 72 answered with Question No. 49.

Departmental Initiatives

Pádraig Mac Lochlainn

Question:

73 Deputy Pádraig Mac Lochlainn asked the Minister for Arts, Heritage and the Gaeltacht the steps he has taken to ensure a dividend from the initiative known as The Gathering 2013 for the arts and culture sector; and if he will make a statement on the matter. [5198/12]

My colleague, the Minister for Transport, Tourism and Sport, presented proposals for "The Gathering 2013" at last October's 2011 Global Irish Economic Forum. The National Tourism Development Authority, Fáilte Ireland, is the lead agency for the implementation of The Gathering initiative. The arts, culture, film and heritage sector constitute an essential part of our national tourism offering: indeed, they animate the brand globally. In that context, my Department and the relevant agencies under its aegis are working closely with the lead Department on this important initiative.

Architectural Heritage

Sandra McLellan

Question:

74 Deputy Sandra McLellan asked the Minister for Arts, Heritage and the Gaeltacht the position regarding any contact or discussions he has had with Bank of Ireland on making the Bank of Ireland premises in College Green, Dublin, available as a public building for cultural purposes; and if he will make a statement on the matter. [5192/12]

I refer the Deputy to my response in the House earlier today to Questions Nos. 45 and 47.

Question No. 75 answered with Question No. 52.

Economic Regeneration

Bernard J. Durkan

Question:

76 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht if he is satisfied with the adequacy of the resources available to him in the current year, with particular reference to the need to maximise economic benefit and consequent employment retention and creation through the various bodies under his aegis; if he has had discussions with the various stakeholders in this regard; the extent to which possible areas for generation of growth or expansion have been identified and evaluated for future purposes; and if he will make a statement on the matter. [5190/12]

As the Deputy will be aware, a key priority in the Programme for Government is to support and lead economic regeneration, job creation and employment retention over the coming period. In this regard, I can assure the Deputy that my Department's resources and financial allocation will be utilised to the greatest extent possible in achieving these aims and delivering on these commitments.

Since my appointment as Minister in March 2011, I have engaged with the various sectors and stakeholders funded by my Department, including the bodies and agencies funded from my Department's Vote Group, to ensure that maximum benefit and value is obtained from available resources. Indeed, my Department's key priorities and programme of work supportive of job creation and economic regeneration are set out in its Statement of Strategy, which will be published over the coming weeks.

It is important to note that there is much potential in the arts and in the cultural, heritage and creative industries to create growth and jobs. A key objective for my Department, therefore, will be to maximise the economic and employment creation potential of the arts, heritage and Gaeltacht sectors. Cultural tourism also has a significant contribution to make to Ireland's economic recovery and the rebuilding of Ireland's reputation on the international stage.

A further objective for my Department over the coming period will be to promote Irish arts and heritage abroad. It will also seek to facilitate synergies between the arts, cultural, heritage and Gaeltacht sectors, most notably in the area of tourism product development and cultural tourism.

Question No. 77 answered with Question No. 52.

Comhlachtaí Poiblí agus Tras-Teorann

Peadar Tóibín

Question:

78 D’fhiafraigh Peadar Tóibín den Aire Ealaíon, Oidhreachta agus Gaeltachta an féidir leis sonraí a thabhairt don Dáil ar an méid comhoibrithe idir-rialtasach trasteorann atá ar siúl ar son na Gaeilge. [5180/12]

Feidhmíonn an Foras Teanga mar cheann de na 6 chomhlacht forfheidhmithe thuaidh theas a bunaíodh faoin Acht um Chomhaontú na Breataine-na hÉireann 1999. Tá dhá ghníomhaireacht mar chuid den Fhoras Teanga, eadhon, Foras na Gaeilge agus Gníomhaireacht na hUltaise. Tá an Foras Teanga freagrach don Chomhairle Aireachta Thuaidh Theas agus do na hAirí sna Ranna Urraíochta, is iad sin mo Roinn agus an Roinn Cultúir, Ealaíon agus Fóillíochta i dTuaisceart Éireann.

Is féidir liom a dheimhniú don Teachta go bhfuil caidreamh an-mhaith agus comhoibriú leanúnach ag leibhéal aireachta agus feidhmeannaigh idir mo Roinnse, an Roinn Cultúir, Ealaíon agus Fóillíochta agus an Chomhairle Aireachta Thuaidh Theas maidir le gnóthaí an Fhorais Teanga i gcoitinne agus cur chun cinn na Gaeilge agus na hUltaise ach go háirithe. Go hiondúil, bíonn ar a laghad dhá chruinniú in aghaidh na bliana den Chomhairle Aireachta Thuaidh Theas i bhformáid rannach an Fhorais Teanga mar aon le cruinnithe ullmhúcháin agus monatóireachta, de réir mar is cuí. Beidh an chéad chruinniú eile den Chomhairle Aireachta Thuaidh Theas i bhformáid rannach an Fhorais Teanga ar siúl in Inis Ceithleann i gCo. Fhear Manach ar 14 Feabhra 2012. Anuas ar na cruinnithe sin, bíonn deis ag na hAirí cúrsaí a phlé fosta ag cruinniú iomlánach na Comhairle Aireachta Thuaidh Theas a eagraítear cúpla uair sa bhliain.

Ar ndóigh, bíonn deiseanna eile ag an Aire Ealaíon, Oidhreachta agus Gaeltachta, an tUasal Jimmy Deenihan T.D., agus agam féin casadh lenár gcomhghleacaithe ó thuaidh ó am go chéile. Mar shampla, bhí mé féin i láthair nuair a rinne an tAire Cultúir, Ealaíon agus Fóillíochta, Carál Ní Chuilín MLA, feachtas Gaeilge a Roinne dar teideal Líofa 2015 a sheoladh ag Stormont i mí Mheán Fómhair 2011.

Tourism Industry

Martin Ferris

Question:

79 Deputy Martin Ferris asked the Minister for Arts, Heritage and the Gaeltacht if he will detail visitor numbers for the cultural institutions for 2011; how he intends to maximise visitor numbers for 2012; and if he will make a statement on the matter. [5202/12]

The 2011 visitor numbers for our national cultural institutions and for other cultural venues supported by my Department are detailed in the table below. Overall visitor numbers were 3.61 million, which represents a moderate increase on the 2010 figures of 3.58 million and a significant increase over and above the 2009 figures of 3.25 million.

Initiatives to attract the interest of the general public and to enhance the visitor experience will remain a priority for all of these cultural institutions and venues in 2012 and my Department will continue to work closely with them in this regard.

Cultural Institutions and Venues — 2011 Visitor Numbers

National Library of Ireland

206,342

Irish Museum of Modern Art

362,955

National Concert Hall

293,639

National Gallery of Ireland

624,412

Chester Beatty Library

247,729

National Archives

13,907

National Museum, Kildare Street

402,582

National Museum, Collins Barracks

295,488

Natural History Museum

289,172

National Museum, Turlough Park

108,785

Crawford Art Gallery

187,311

Archbishop Marsh’s Library

8,328

Foynes Flying Boat Museum

32,113

Hunt Museum, Limerick

69,058

Science Gallery

242,189

Dublin City Gallery — Hugh Lane

135,117

Royal Hibernian Academy

95,583

Total

3,614,710

Question No. 80 answered with Question No. 50.
Question No. 81 answered with Question No. 61.

Comharchumainn Gaeltachta

Mary Lou McDonald

Question:

82 D’fhiafraigh Mary Lou McDonald den Aire Ealaíon, Oidhreachta agus Gaeltachta an féidir leis soiléiriú a thabhairt maidir leis an maoiniú a bheidh ar fáil do na Comharchumainn Gaeltachta agus d’Ealaín na Gaeltachta i mbliana agus cén ciste as a dtiocfaidh sé sin. [5179/12]

Is é€3 mhilliún an tsuim atá ar fáil d'Údarás na Gaeltachta in 2012 dá Chiste Reatha/Forbairt. Déantar maoiniú as an gCiste sin ar dheontais reáchtála do chomharchumainn agus do chomhlachtaí pobal-bhunaithe, chomh maith le gnóthaí eile, lena n-áirítear gnóthaí pobail, teanga, cultúir, ealaíon, óige agus luath-oideachais. Tuigim ón Údarás nach bhfuil na sonraí iomlána maidir le dáileadh an Chiste seo socraithe go fóill.

National Monuments

Michael Colreavy

Question:

83 Deputy Michael Colreavy asked the Minister for Arts, Heritage and the Gaeltacht the steps he has taken to secure the future of 14-17 Moore Street, Dublin; and if he will ensure that the area around Moore Street can be developed into a revolutionary quarter at the heart of Dublin city. [5194/12]

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

The proposed development of the Carlton Cinema site, of which Nos. 14 to 17 Moore Street form part, and for which approval has been granted by An Bord Pleanála, envisages the retention of these buildings and the provision of a commemorative centre to the 1916 Rising in No. 16. The developer's application to my Department for consent to these proposals under section 14 of the National Monuments Acts is being examined. As part of the process, I have visited the monument site and met various interest groups, including relatives of the 1916 leaders. My Department is currently in consultation with the National Museum of Ireland in relation to the application and I hope to be able to make a decision on it shortly.

Any wider plans for the development of the Moore Street area would be a matter for the relevant landowners and the development authority, Dublin City Council.

Employment Statistics

Peadar Tóibín

Question:

84 Deputy Peadar Tóibín asked the Taoiseach if he will provide details of the number of workers in each economic sector in each year from 2007 to 2011; and if he will make a statement on the matter. [5060/12]

The Quarterly National Household Survey (QNHS) is the official source of estimates of employment in the State. The data requested by the Deputy with respect to the second quarter of each year is presented in the table below:

Persons aged 15 years and over in employment (ILO) classified by NACE Rev. 2 Economic Sector,

Quarter 2 2007 — Quarter 2 2011

Economic sector (NACE Rev. 2)

Q2 2007

Q2 2008

Q2 2009

Q2 2010

Q2 2011

All persons

A

Agriculture, forestry and fishing

108.5

114.8

97.2

84.9

85.8

B-E

Industry

299.0

287.3

258.3

240.1

233.7

F

Construction

269.9

241.4

155.4

125.3

105.7

G

Wholesale and retail trade; repair of motor vehicles and motorcycles

297.2

307.3

277.7

269.1

265.6

H

Transportation and storage

93.5

92.9

94.6

89.7

94.7

I

Accommodation and food service activities

130.6

125.4

119.8

119.8

107.2

J

Information and communication

70.5

71.1

73.5

74.1

74.9

K-L

Financial, insurance and real estate activities

101.1

105.1

108.7

103.2

103.9

M

Professional, scientific and technical activities

109.8

116.6

102.6

100.9

101.8

N

Administrative and support service activities

78.3

76.3

65.9

61.3

66.1

O

Public administration and defence; compulsory social security

102.3

102.7

107.7

107.8

100.2

P

Education

141.5

146.3

150.4

149.8

146.5

Q

Human health and social work activities

210.3

220.8

227.8

234.9

237.9

R-U

Other NACE activities

101.4

104.7

98.7

98.1

97.2

Total Employment

2,113.9

2,112.8

1,938.5

1,859.1

1,821.3

Reference period: q2=Apr-Jun

Source: Quarterly National Household Survey, Central Statistics Office.

Diplomatic Representation

Gerry Adams

Question:

85 Deputy Gerry Adams asked the Taoiseach the dates for European Council meetings for the rest of 2012 that have been agreed. [4778/12]

There are meetings of the European Council scheduled for 1-2 March, 28-29 June, 18-19 October and 13-14 December. Further meetings may be called at the discretion of the President of the European Council, Herman Van Rompuy.

Official Engagements

Gerry Adams

Question:

86 Deputy Gerry Adams asked the Taoiseach his plans for foreign visits in the time ahead. [4779/12]

I will be travelling to the United States on three occasions in February and March. I will travel to New York to participate in the Invest in Ireland round-table hosted by former President Bill Clinton on 9 February. This is the event which President Clinton undertook to organise when he attended the Global Irish Economic Forum which we held in Dublin Castle last October. I will return to the United States on 15 February for a series of engagements in Boston and New York including a number of business meetings, both with Irish firms doing business in the US, and with US firms investing in Ireland. I will also meet with representatives of the Irish communities there.

While in Boston, I will take up an invitation to give a lecture at Harvard's Kennedy School of Government. I will travel to the United States in March for the traditional St Patrick's Day meetings and celebrations. I will also use the opportunity of the visit — at a time of the year when Ireland enjoys the highest of profiles around the world — to visit Chicago and New York as well as Washington to further promote Irish business interests in the US as well as highlighting the attraction of Ireland as a location for US investment.

I will attend the meetings of the European Council scheduled for 1-2 March, 28-29 June, 18-19 October and 13-14 December. Arrangements for other meetings with key European partners are under consideration in light of on-going developments. Further visits are envisaged for the latter half of 2012 in the context of Ireland's 2013 Presidency of the Council of the EU.

Departmental Staff

Gerry Adams

Question:

87 Deputy Gerry Adams asked the Taoiseach the salaries and allowances paid to his private secretary and to the Secretary General of his Department; and if he will make a statement on the matter. [5035/12]

My Private Secretary is a Higher Executive Officer (Higher Scale) and his salary is based on the relevant civil service pay scale which is as follows: €46,426, €47,730, €49,035, €50,347, €51,653, €53,532, €54,766, €56,007, €57,251. He is also in receipt of a Private Secretary Allowance and a Higher Duties Allowance as per civil service norms. The Secretary General of my Department is paid €200,000 per annum. The Government significantly reduced the remuneration for this post last year.

Appointments to State Boards

Gerry Adams

Question:

88 Deputy Gerry Adams asked the Taoiseach if he will provide a breakdown of the number of appointments that have been made to State boards by him since he took office, including the names of the appointees and the boards they have been appointed to; the number of these appointments that have been made using new procedures involving the advertising of such posts on his Department’s websites and the interview of the chairperson of boards by Oireachtas committee; if he will highlight situations in which this process has not occurred; and the reason it has not occurred in each case. [5051/12]

The National Economic and Social Council (NESC) is an advisory Council which provides guidance to Government on strategic issues for Ireland's economic and social development. Details of the appointments I have made to the NESC since coming into office on 9 March, 2011 are set out in the accompanying table.

The appointments were made in accordance with the provisions of the National Economic and Social Development Office Act 2006 as amended by the National Economic and Social Council (Alteration of Composition) Order 2010. In the particular case of the NESC, I should emphasise that most of the members are appointed on the basis of nominations received from representative organisations. Historically, the Chairperson and Deputy Chairperson posts are filled from my Department at Secretary General and Assistant Secretary level. I am satisfied that the other appointments were appropriate, bearing in mind the key strategic role of the NESC.

Table : Appointments by the Taoiseach to the National Economic and Social Council

Name

Organisation

Date of Appointment

Prof. Edgar Morgenroth,

Associate Research Professor, Economic and Social Research Institute

June 2011

Prof. John McHale,

Economist, National University of Ireland, Galway

June 2011

Prof. Mary Daly,

Department of Sociology, Social Policy and Social Work, Queen’s University Belfast

June 2011

Prof. Anna Davis,

Department of Geography, Trinity College Dublin

June 2011

Prof. Seán Ó Riain,

Department of Sociology, National University of Ireland, Maynooth

June 2011

Dr. Michael O’Sullivan,

Head of UK Research and Global Asset Allocation, Credit Suisse, London

June 2011

Ms Mary Walsh,

Charted Accountant

June 2011

Dr. Michelle Morris,

Senior Lecturer, School of Applied Social Science, University College Dublin.

July 2011

Mr. Martin Fraser, Chairperson of NESC

Secretary General, Department of the Taoiseach

August 2011

Shay Cody

Impact (replaced Mr. Peter McLoone)

September 2011

Mr. John Murphy

Secretary General, Department of Jobs, Enterprise and Innovation (replaced Mr. Sean Gorman)

November 2011

Mr. John Shaw, Deputy Chairperson of NESC

Assistant Secretary, Department of the Taoiseach

January 2012

Departmental Staff

Mary Lou McDonald

Question:

89 Deputy Mary Lou McDonald asked the Taoiseach the number of retired public servants that have been rehired by him, or rehired by State agencies under his aegis. [5076/12]

No retired public servants have been re-hired in an established position by my Department or the National Economic and Social Development Office, which is the only agency under the aegis of my Department. However, one person who previously retired from the Defence Forces is employed in an unestablished position by my Department. The employment contract of the person concerned will cease when my term of office as Taoiseach ends.

State Visits

Dara Calleary

Question:

90 Deputy Dara Calleary asked the Tánaiste and Minister for Foreign Affairs and Trade if he has received a report into the Ireland Stand Up meeting held on 18 January 2012; and his views on their request regarding the Vatican Embassy and an invitation to the Pope to visit Ireland for the Eucharistic Congress in June 2012. [4792/12]

A senior official from the Department of the Taoiseach and the Secretary General of the Department of Foreign Affairs and Trade, Ireland's Ambassador-designate to the Holy See, attended the meeting of the Ireland Stand Up campaign on 18 January 2012. They both spoke with members of the Ireland Stand Up campaign about their concerns. As was outlined in my statement of 3 November last year, the decision of the Government to close our embassy to the Holy See and to appoint a non-resident Ambassador was driven by economic factors deriving from our need to cut public expenditure and focus the modest resources of our diplomatic service on economic recovery. The total cost saving in a full year is estimated at €845,000.

The Government will continue to review our diplomatic network and it may be that, as public finances recover, we will at some time in the future be able to reopen a modest resident embassy to the Holy See. I understand that the Catholic Bishops have issued an invitation to Pope Benedict to visit Ireland on the occasion of the International Eucharistic Congress in 2012, and that this invitation is under consideration by the Holy See. As I have made clear previously, if the Government receives an indication that the Pope wishes to travel to Ireland for the Eucharistic Congress, or on a subsequent occasion, the Government will be more than ready to issue a formal invitation and to welcome him to Ireland. The willingness of the Government to invite Pope Benedict to Ireland was made very clear by our Ambassador designate, when he met Vatican officials in Rome earlier this month.

Willie Penrose

Question:

91 Deputy Willie Penrose asked the Tánaiste and Minister for Foreign Affairs and Trade if it is his intention to issue an invitation, either personal or on behalf of the Government, to His Holiness Pope Benedict to Dublin for the fiftieth Eucharist Congress to be held in Dublin between 10 and 17 June 2012; and if he will make a statement on the matter. [4793/12]

I understand that the Catholic Bishops have issued an invitation to Pope Benedict to visit Ireland on the occasion of the International Eucharistic Congress in 2012, and that this invitation is under consideration by the Holy See. If the Government receives an indication that the Pope wishes to travel to Ireland for the Eucharistic Congress, or on a subsequent occasion, the Government will be more than ready to issue a formal invitation and to welcome him to Ireland. The willingness of the Government to invite Pope Benedict to Ireland was also made very clear by our Ambassador designate, when he met Vatican officials in Rome earlier this month.

Passport Applications

Terence Flanagan

Question:

92 Deputy Terence Flanagan asked the Tánaiste and Minister for Foreign Affairs and Trade his plans to improve the passport system; and if he will make a statement on the matter. [4924/12]

Arrangements are currently being put in place aimed at bringing the turnaround time for properly completed Irish passports submitted in Britain to approximately three weeks. This will be comparable to passport services offered by other jurisdictions to their citizens who are resident overseas. There have been some technical problems with the telephone system in the Passport Service and this had resulted in difficulties for customers. These issues have now been resolved. Notwithstanding this, the Passport Service handles over two hundred calls per day from UK residents, or approximately 25% of all calls received.

I can also confirm that additional temporary staff have been recruited, some of whom are already in training, and this will increase further the capacity of the Passport Service to take telephone queries. It is not possible to comment on the specific detail of the complaint from the named individual as neither the identity of the applicant nor the application number have been provided.

Departmental Staff

Gerry Adams

Question:

93 Deputy Gerry Adams asked the Tánaiste and Minister for Foreign Affairs and Trade the salaries and allowances paid to his private secretary and to the secretary general of his Department; and if he will make a statement on the matter. [5029/12]

The information requested by the Deputy is set out in the table below:

Office

Private Secretary

Annual allowance

Tánaiste and Minister for Foreign Affairs and Trade

GradeThird SecretarySalary scale€31,619 —€55,415 Standard scaleor€33,247 —€58,294 PPC scale

€19,653 Standard scaleor€20,685 PPC scale

Secretary General

GradeThird SecretarySalary scale€31,619 —€55,415 Standard scaleor€33,247 —€58,294 PPC scale

€10,405 Standard scaleor€10,951 PPC scale

The private secretary allowances, which are set by the Minister for Public Expenditure and Reform, were reduced on 1 January 2010 in line with the general civil service pay reductions.

Appointments to State Boards

Gerry Adams

Question:

94 Deputy Gerry Adams asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide a breakdown of the number of appointments that have been made to State boards by him since he came to office, including the names of the appointees and the boards they have been appointed to; the number of these appointments that have been made using new procedures involving the advertising of such posts on his Department’s websites and the interview of the chairperson of boards by Oireachtas committee; if he will highlight situations where this process has not occurred; and the reason it has not occurred in each case. [5045/12]

There are no State agencies, and consequently no State boards, under the aegis of my Department

Departmental Staff

Mary Lou McDonald

Question:

95 Deputy Mary Lou McDonald asked the Tánaiste and Minister for Foreign Affairs and Trade the number of retired public servants that have been rehired by him, or rehired by State agencies under his aegis. [5070/12]

Since 1 January 2011 the Department of Foreign Affairs and Trade has temporarily engaged a total of ten retired civil or public servants in connection with the following: Ireland's Chairmanship of the OSCE in 2012; the examination of Departmental files prior to their submission to the National Archives; the provision of technical assistance or the review of development cooperation programmes and projects commissioned by the Department; and to act as Passports Appeals Officer under the provisions of the Passport Act, 2008. There are no State agencies under the aegis of my Department.

Passport Applications

Brendan Griffin

Question:

96 Deputy Brendan Griffin asked the Tánaiste and Minister for Foreign Affairs and Trade the position regarding the granting of a passport in respect of a person (details supplied); and if he will make a statement on the matter. [5215/12]

The entitlement of the person in question to American citizenship is a matter for determination by the relevant US authorities. I would advise that she make direct contact with the US Embassy in Dublin who might be able to provide help with her enquiries. The contact details for the Embassy are as follows:

Address:Embassy of the United States of America42 Elgin RoadBallsbridgeDublin 4Telephone: 01.630.6200Webpage: www.usembassy.ie

In the event that the person in question has an entitlement to American citizenship and thus a passport from that country, there is no provision under the Passport Act, 2008 that requires her to surrender her Irish passport. It is quite common for Irish people to be citizens of other countries and thus hold passports from those countries. These entitlements do not affect their rights under Irish law to Irish citizenship or their right to an Irish passport, although the other country or countries of which they are citizens may have regulations regarding dual citizenship.

Rights to Citizenship

Maureen O'Sullivan

Question:

97 Deputy Maureen O’Sullivan asked the Tánaiste and Minister for Foreign Affairs and Trade his position on the issue of surrogacy as it pertains to children born abroad but parented in Ireland; the reason children born by surrogacy abroad are refused Irish passports; the reasons for such refusals; the reason a declaration of parentage is needed for passport applications for such children when a child born outside Ireland to an Irish citizen does not need such requirements; and if he will make a statement on the matter. [5225/12]

The legal situation of children born through surrogacy arrangements is a very complex area in Irish law. Whereas there is no specific legislation in Ireland relating to surrogacy, a range of Irish laws relating to the areas of citizenship, guardianship, consent for the child to travel and other parental rights must be comprehensively addressed by applicants before any travel document may issue. The Department of Foreign Affairs and Trade has responsibility for the issuance of passports, but it may only do so when the above issues, which largely relate to areas of law within the competence of other Departments, such as the Department of Justice and Equality, have been resolved. When issuing passports, the Passport Service is obliged to respect the law as it stands. In determining whether a child born outside the State is an Irish citizen, it is necessary first of all to establish whether the child was born to an Irish parent. Furthermore, in general, only a parent or guardian may apply for a travel document on behalf of an Irish citizen child. Thus the questions of who are the legal parents of the child, and who are the legal guardians of the child must be examined in order to determine whether a child born outside the State is an Irish citizen, and whether consequently an Irish travel document may be issued to the child.

In considering these questions it is important to be aware that the fact that a genetic relationship exists between a commissioning adult and the child does not mean that he or she is automatically the legal parent of the child under Irish law.

Under Irish law the woman who gives birth to the child — the surrogate mother — is the legal mother of the child, even if the ovum from which the child was produced was provided by one of the commissioning adults, or by a donor. Under the Guardianship of Infants Act 1964, the mother of a child born outside marriage is the child's sole guardian. Under Irish law, family relationships and the rights and responsibilities that flow from them cannot be subjected to the ordinary law of contract and cannot, in particular, be transferred to another person, bought, or sold. This means that, under Irish law, the surrogate mother and the child will have a life-long legal relationship with one another.

If the surrogate mother is married, then under section 46 of the Status of Children Act 1987, the surrogate mother's husband is presumed by law to be the father of the child, unless the contrary is proved on balance of probabilities. The husband will also, along with the surrogate mother, be the joint guardian of the child. If the commissioning father is the genetic father of the child, it is possible to overcome the presumption of paternity in favour of the surrogate mother's husband, so as to allow the commissioning father to be recognised as the legal parent of the child. However, this requires an application for a declaration of parentage to be made to the Circuit Court under Part VI of the Status of Children Act 1987.

If the surrogate mother is not married, and the commissioning father is the genetic father of the child, then the Irish authorities may recognise his paternity of the child on receipt of reliable DNA evidence. However, because the commissioning father is not married to the surrogate mother, he is not automatically a guardian of the child under Irish law, even if he has been granted a declaration of parentage. The Department therefore recommends that legal advice should be sought about the appropriate mechanism for arranging for the commissioning father to be made a guardian of the child.

In addition to the issue of passports, it is very much in the best interest of any newly born infant arriving into the State that they are accompanied by an adult with whom they have a legally recognised relationship and who has legal authority to make decisions, including medical decisions, on their behalf. The Irish authorities will therefore, in the best interests of child, seek undertakings from commissioning adults that they notify their local health centre of the child's arrival in the State and encourage them to seek a court order establishing the commissioning father's legal relationship with the child, thereby allowing him to make decisions, including medical decisions, on behalf of the child.

I understand that the preparation of guidelines by the Department of Justice and Equality in this area is at an advanced stage and I would expect that they will be published over the coming months.

Embassy Closures

Michael McNamara

Question:

98 Deputy Michael McNamara asked the Tánaiste and Minister for Foreign Affairs and Trade the respective savings that will be obtained by closing the Embassy to the Holy See, the Embassy in Tehran and the mission in East Timor; and if he will make a statement on the matter. [5444/12]

The total net economies that will be achieved by the closure of the Embassies to the Holy See and Iran and the Irish Representative office in Timor Leste are estimated at €1.175 million over a full year. It is expected that these savings will be fully realised in 2013. However, in 2012, there will be immediate disengagement costs (for example, local staff severance payments, running down of rental and other contracts) and the net savings from the closures this year are estimated at about €480,000.

Net savings in respect of the closure of the Embassy to the Holy See are estimated at €400,000 this year and €845,000 in 2013. These projections take into consideration the relocation of the offices of the Embassy to Italy and the residence of the Ambassador to Italy to the state-owned Villa Spada. It is expected that the transfer will be completed during the course of the present year and that the full year rental savings, amounting to €445,000, will be realised in 2013.

The corresponding figures for Tehran are €80,000 this year and €330,000 in 2013.

The savings on closure of the office in Dili, estimated at about €200,000 in a full year, will be reallocated within the Irish Aid programme.

In addition, as a result of the closures, it will be possible to relocate 6 diplomatic staff to help offset staff losses elsewhere in the service.

European Council Meetings

Patrick O'Donovan

Question:

99 Deputy Patrick O’Donovan asked the Tánaiste and Minister for Foreign Affairs and Trade the EU Council of Ministers on which he sits; the number of meetings of that Council that have been held between 2007 and 2011; the number of those meetings that he attended; the number that were attended by the relevant Minister of State; the number that were attended by an Irish official; and if he will provide the names of those who attended in tabular form. [5469/12]

The Council of the European Union is a key decision-making institution of the EU, at whose meetings all EU Member States are represented. As Minister for Foreign Affairs, I have represented Ireland frequently at Council meetings. Since March 2011, I have attended 3 Foreign Affairs Councils, 1 General Affairs Council and 2 informal meetings of Foreign Ministers, the so-called "Gymnich" meetings.

Between December 2009-March 2011, Ministers of Foreign Affairs attended 5 meetings of the General Affairs Council and 5 meetings of the Foreign Affairs Council. Between January 2007-December 2009, when the Lisbon Treaty entered into force, Ministers of Foreign Affairs attended 21 meetings of the General Affairs and External Relations Council. Between January 2007-March 2011, Ministers of Foreign Affairs attended 6 "Gymnich" meetings. In 2010, the Minister for Foreign Affairs attended one European Council (to which Ministers of Foreign Affairs were invited).

On the occasions when a Minister of Foreign Affairs was unable to attend these meetings, Ireland has normally been represented by a Ministerial colleague, generally the Minister for State for European Affairs.

Since March 2011, the Minister of State with special responsibility for European Affairs, Ms Lucinda Creighton T.D. has attended 4 Foreign Affairs Councils and 9 General Affairs Councils.

Between December 2009-March 2011, Ministers of State attended 7 meetings of the General Affairs Council and 6 meetings of the Foreign Affairs Council. Between January 2007-December 2009, when the Lisbon Treaty entered into force, Ministers of State attended 11 meetings of the General Affairs and External Relations Council. Between January 2007-March 2011, Ministers of State attended 2 "Gymnich" meetings.

In addition, Minister for Public Expenditure and Reform, Mr. Brendan Howlin T.D. represented Ireland at 1 meeting of the General Affairs Council (Cohesion Policy).

On 8 occasions between January 2007-March 2011, it was not possible for any Minister or Minister of State to attend one of these Council meetings. On these occasions, Ireland was represented by the Permanent Representative of Ireland to the European Union.

Full details of attendance, at meetings of the General Affairs Council, Foreign Affairs Council, General Affairs and External Relations Council and "Gymnichs", are listed below.

It was the practice up until the entry into force of the Lisbon Treaty on 1 December 2009 for Foreign Ministers to attend European Council meetings. Between January 2007 and December 2009, Ministers for Foreign Affairs attended 12 European Council meetings.

2011

Date

Meeting

Irish representation

31 January

General Affairs Council, Brussels

Permanent Representative of Ireland to the EU, Mr. Rory Montgomery

31 January

Foreign Affairs Council, Brussels

Permanent Representative of Ireland to the EU, Mr. Rory Montgomery

21 February

General Affairs Council, Brussels

Permanent Representative of Ireland to the EU, Mr. Rory Montgomery

21 February

Foreign Affairs Council, Brussels

Permanent Representative of Ireland to the EU, Mr. Rory Montgomery

11/12 March

Informal Foreign Affairs Council, Budapest

Tánaiste and Minister for Foreign Affairs and Trade, Mr. Eamon Gilmore T.D.

21 March

General Affairs Council, Brussels

Minister of State with Special Responsibility for EU Affairs, Ms Lucinda Creighton

21 March

Foreign Affairs Council, Brussels

Minister of State with Special Responsibility for EU Affairs, Ms Lucinda Creighton

12 April

Foreign Affairs Council, Luxembourg

Tánaiste and Minister for Foreign Affairs and Trade, Mr. Eamon Gilmore T.D.

13 April

General Affairs Council, Luxembourg

Minister of State with Special Responsibility for EU Affairs, Ms Lucinda Creighton

23 May

General Affairs Council, Brussels

Minister of State with Special Responsibility for EU Affairs, Ms Lucinda Creighton

23 May

Foreign Affairs Council, Brussels

Minister of State with Special Responsibility for EU Affairs, Ms Lucinda Creighton

20 June

Foreign Affairs Council, Luxembourg

Tánaiste and Minister for Foreign Affairs and Trade, Mr. Eamon Gilmore T.D.

21 June

General Affairs Council, Luxembourg

Minister of State with Special Responsibility for EU Affairs, Ms Lucinda Creighton

18 July

Foreign Affairs Council, Brussels

Tánaiste and Minister for Foreign Affairs and Trade, Mr. Eamon Gilmore T.D.

18 July

General Affairs Council, Brussels

Minister of State with Special Responsibility for EU Affairs, Ms Lucinda Creighton

2/3 September

Informal Foreign Affairs Council, Poland

Tánaiste and Minister for Foreign Affairs and Trade, Mr. Eamon Gilmore T.D.

12 September

General Affairs Council, Brussels

Tánaiste and Minister for Foreign Affairs and Trade, Mr. Eamon Gilmore T.D. Minister of State with Special Responsibility for EU Affairs, Ms Lucinda Creighton

10 October

Foreign Affairs Council, Luxembourg

Minister of State with Special Responsibility for EU Affairs, Ms Lucinda Creighton T.D.

11 October

General Affairs Council, Luxembourg

Minister of State with Special Responsibility for EU Affairs, Ms Lucinda Creighton T.D.

22 October

General Affairs Council, Brussels

Minister of State with Special Responsibility for EU Affairs, Ms Lucinda Creighton

15 November

General Affairs Council, Brussels

Minister of State with Special Responsibility for EU Affairs, Ms Lucinda Creighton

1 December

Foreign Affairs Council, Brussels

Minister of State with Special Responsibility for EU Affairs, Ms Lucinda Creighton

5 December

General Affairs Council, Brussels

Minister of State with Special Responsibility for EU Affairs, Ms Lucinda Creighton

16 December

General Affairs Council (Cohesion), Brussels

Minister for Public Expenditure and Reform, Mr. Brendan Howlin T.D.

2010

Date

Meeting

Irish representation

25 January

General Affairs Council, Brussels

Minister of State with Special Responsibility for EU Affairs, Mr. Dick Roche T.D.

25 January

Foreign Affairs Council, Brussels

Minister of State with Special Responsibility for EU Affairs, Mr. Dick Roche T.D.Minister of State with Special Responsibility for Overseas Development, Mr. Peter Power T.D.

22 February

General Affairs Council, Brussels

Minister for Foreign Affairs, Mr. Micheál Martin T.D.Minister of State with Special Responsibility for EU Affairs, Mr. Dick Roche T.D.

22 February

Foreign Affairs Council, Brussels

Minister for Foreign Affairs, Mr. Micheál Martin T.D.Minister of State with Special Responsibility for EU Affairs, Mr. Dick Roche T.D.

5-6 March

Informal Foreign Affairs Council, Spain

Minister for Foreign Affairs, Mr. Micheál Martin T.D.

22 March 2010

General Affairs Council, Brussels

Minister for Foreign Affairs, Mr. Micheál Martin T.D.

22 March 2010

Foreign Affairs Council, Brussels

Minister for Foreign Affairs, Mr. Micheál Martin T.D.

26 April

General Affairs Council, Luxembourg

Minister of State with Special Responsibility for EU Affairs, Mr. Dick Roche T.D.

26 April

Foreign Affairs Council, Luxembourg

Minister of State with Special Responsibility for EU Affairs, Mr. Dick Roche T.D.Minister for Defence, Mr. Tony Killeen T.D.

10 May

General Affairs Council, Brussels

Minister of State with Special Responsibility for EU Affairs, Mr. Dick Roche T.D.

10 May

Foreign Affairs Council, Brussels

Minister of State with Special Responsibility for EU Affairs, Mr. Dick Roche T.D.

14 June

General Affairs Council, Luxembourg

Minister for Foreign Affairs, Mr. Micheál Martin T.D.

14 June

Foreign Affairs Council, Luxembourg

Minister for Foreign Affairs, Mr. Micheál Martin T.D.Minister of State with special responsibility for Overseas Development, Mr. Peter Power T.D.

26 July

General Affairs Council, Brussels

Minister of State with Special Responsibility for EU Affairs, Mr. Dick Roche T.D.

26 July

Foreign Affairs Council, Brussels

Minister of State with Special Responsibility for EU Affairs, Mr. Dick Roche T.D.

10 September

Foreign Affairs Council, Brussels

Minister of State with Special Responsibility for EU Affairs, Mr. Dick Roche T.D.

10-11 September

Informal Foreign Affairs Council, Brussels

Minister for Foreign Affairs, Mr. Micheál Martin T.D.

13 September

General Affairs Council, Brussels

Permanent Representative of Ireland to the EU, Mr. Rory Montgomery

16 September

Special European Council (with Foreign Ministers invited), Brussels

Minister for Foreign Affairs, Mr. Micheál Martin T.D.

25 October

General Affairs Council, Luxembourg

Minister of State with Special Responsibility for EU Affairs, Mr. Dick Roche T.D.

25 October

Foreign Affairs Council, Luxembourg

Minister of State with Special Responsibility for EU Affairs, Mr. Dick Roche T.D.

22 November

General Affairs Council, Brussels

Minister for Foreign Affairs, Mr. Micheál Martin T.D.Minister of State with Special Responsibility for EU Affairs, Mr. Dick Roche T.D.

22 November

Foreign Affairs Council, Brussels

Minister for Foreign Affairs, Mr. Micheál Martin T.D.

13 December

General Affairs Council, Brussels

Minister of State with Special Responsibility for EU Affairs, Mr. Dick Roche T.D.

14 December

General Affairs Council, Brussels

Minister of State with Special Responsibility for EU Affairs, Mr. Dick Roche T.D.

2009

Date

Meeting

Irish representation

26 January

General Affairs & External Relations Council, Brussels

Minister for Foreign Affairs, Mr. Micheál Martin T.D.

23 February

General Affairs & External Relations Council, Brussels

Minister for Foreign Affairs, Mr. Micheál Martin T.D.

16 March

General Affairs & External Relations Council, Brussels

Permanent Representative of Ireland to the EU, Mr. Bobby McDonagh

27-28 March

Informal Foreign Affairs Council, Czech Republic

Minister of State with special responsibility for European Affairs, Mr. Dick Roche T.D.

27-28 April

General Affairs & External Relations Council, Luxembourg

Minister for Foreign Affairs, Mr. Micheál Martin T.D.

18-19 May

General Affairs & External Relations Council, Brussels

Minister of State with special responsibility for European Affairs, Mr. Dick Roche T.D.Minister of State with special responsibility for Overseas Development, Mr. Peter Power T.D.

15-16 June

General Affairs & External Relations Council, Luxembourg

Minister for Foreign Affairs, Mr. Micheál Martin T.D.

27 July

General Affairs & External Relations Council, Brussels

Minister of State with special responsibility for European Affairs, Mr. Dick Roche T.D.

4-5 September

Informal Foreign Affairs Council, Stockholm

Minister for Foreign Affairs, Mr. Micheál Martin T.D.

14-15 September

General Affairs & External Relations Council, Brussels

Minister of State with special responsibility for European Affairs, Mr. Dick Roche T.D.

26-27 October

General Affairs & External Relations Council, Luxembourg

Minister for Foreign Affairs, Mr. Micheál Martin T.D.Minister of State with special responsibility for European Affairs, Mr. Dick Roche T.D.

16-17 November

General Affairs & External Relations Council,Brussels

Minister of State with special responsibility for European Affairs, Mr. Dick Roche T.D.Minister of State with special responsibility for Overseas Development, Mr. Peter Power T.D.

30 November

General Affairs & External Relations Council, Geneva

Minister of State with special responsibility for Trade and Commerce, Mr. Billy Kelleher

7 December

General Affairs Council, Brussels

Minister for Foreign Affairs, Mr. Micheál Martin T.D.Minister of State with special responsibility for European Affairs, Mr. Dick Roche T.D.

8 December

Foreign Affairs Council, Brussels

Minister for Foreign Affairs, Mr. Micheál Martin T.D.Minister of State with special responsibility for European Affairs, Mr. Dick Roche T.D.

2008

Date

Meeting

Irish representation

28 January

General Affairs and External Relations Council, Brussels

Minister for Foreign Affairs, Mr. Dermot Ahern T.D.Minister of State with Special Responsibility for European Affairs, Mr. Dick Roche T.D.

18 February

General Affairs and External Relations Council, Brussels

Minister for Foreign Affairs, Mr. Dermot Ahern T.D.

10 March

General Affairs and External Relations Council, Brussels

Minister for Foreign Affairs, Mr. Dermot Ahern T.D.Minister of State with Special Responsibility for Trade & Commerce, Mr. John McGuinness T.D.

28-29 March

Informal Foreign Affairs Council, Slovenia

Minister for Foreign Affairs, Mr. Dermot Ahern T.D.

29 April

General Affairs and External Relations Council, Luxembourg

Minister of State with Special Responsibility for Trade & Commerce, Mr. John McGuinness T.D.

13 May

General Affairs and External Relations Council, Brussels

Permanent Representative of Ireland to the EU, Mr. Bobby McDonagh

26-27 May

General Affairs and External Relations Council, Brussels

Minister for Foreign Affairs, Mr. Michael Martin T.D.Minister for Defence, Mr. Willie O’Dea T.D.Minister of State for Overseas Development, Mr. Peter Power T.D.

16 June

General Affairs and External Relations Council, Luxembourg

Minister for Foreign Affairs, Mr. Michael Martin T.D.

18 & 21 July

General Affairs and External Relations Council, Brussels (18 July) & Geneva (21 July)

Minister of State with Special Responsibility for Trade, Mr. John McGuinness T.D.Minister of State with Special Responsibility for European Affairs, Mr. Dick Roche T.D.

22-29 July

General Affairs and External Relations Council, Brussels & Geneva

Tánaiste & Minister for Enterprise, Trade & Employment, Ms Mary Coughlan T.D.Minister for Foreign Affairs, Mr. Michael Martin T.D.Minister for Agriculture, Fisheries & Food, Mr. Brendan Smith T.D.Minister of State with Special Responsibility for Trade & Commerce, Mr. John McGuinness T.D.

13 August

General Affairs and External Relations Council, Brussels

Minister of State with Special Responsibility for Overseas Development, Mr. Peter Power T.D.

5-6 September

Informal Foreign Affairs Council, France

Minister for Foreign Affairs, Mr. Michael Martin T.D.

15-16 September

General Affairs and External Relations Council, Brussels

Minister of State with Special Responsibility for Trade & Commerce, Mr. John McGuinness T.D.

13 October

General Affairs and External Relations Council, Luxembourg

Minister for Foreign Affairs, Mr. Michael Martin T.D.

10-11 November

General Affairs and External Relations Council, Brussels

Minister for Foreign Affairs, Mr. Michael Martin T.D.Minster for Defence, Mr. Willie O’Dea T.D.Minister of State with Special Responsibility for Overseas Development, Mr. Peter Power T.D.

8-9 December

General Affairs and External Relations Council, Brussels

Minister for Foreign Affairs, Mr. Michael Martin T.D.

2007

Date

Meeting

Irish representation

22 January

General Affairs and External Relations Council, Brussels

Minister of State with Special Responsibility for European Affairs, Mr. Noel Treacy T.D.

12 February

General Affairs and External Relations Council, Brussels

Minister for Foreign Affairs, Mr. Dermot Ahern T.D.Minister of State with Special Responsibility for Trade & Commerce, Mr. Michael Ahern T.D.

5 March

General Affairs and External Relations Council, Brussels

Minister of State with Special Responsibility for European Affairs, Mr. Noel Treacy T.D.

30-31 March

Informal Foreign Affairs Council, Bremen

Minister of State with Special Responsibility for European Affairs, Mr. Conor Lenihan T.D.

23-24 April

General Affairs and External Relations Council, Luxembourg

Minister for Foreign Affairs, Mr. Dermot Ahern T.D.

14-15 May

General Affairs and External Relations Council, Brussels

Permanent Representative of Ireland to the EU, Mr. Bobby McDonagh, Secretary-General of Department of Defence, Mr. Michael Howard, Director General of Development Cooperation in Department of Foreign Affairs, Mr. Ronan Murphy

17-18 June

General Affairs and External Relations Council, Luxembourg

Minister for Foreign Affairs, Mr. Dermot Ahern T.D.Minister of State with Special Responsibility for Foreign Affairs, Mr. Dick Roche T.D.

23-24 July

General Affairs and External Relations Council, Brussels

Minister for Foreign Affairs, Mr. Dermot Ahern T.D.Minister of State with Special Responsibility for Foreign Affairs, Mr. Dick Roche T.D.

7-8 September

Informal Foreign Affairs Council, Portugal

Minister for Foreign Affairs, Mr. Dermot Ahern T.D.

15-16 October

General Affairs and External Relations Council, Luxembourg

Minister for Foreign Affairs, Mr. Dermot Ahern T.D.

19-20 November

General Affairs and External Relations Council, Brussels

Minister for Foreign Affairs, Mr. Dermot Ahern T.D.Minister for Defence, Mr. Willie O’Dea T.D.

10 December

General Affairs and External Relations Council, Brussels

Minister for Foreign Affairs, Mr. Dermot Ahern T.D.Government Chief Whip & Minister of State at Department of Defence, Mr. Tom Kitt T.D.

Embassy Staff

Caoimhghín Ó Caoláin

Question:

100 Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Foreign Affairs and Trade the new measures he will introduce governing the application procedures for embassy visas for domestic workers; and the timeframe for when these new regulations will be established. [5489/12]

Responsibility for visas rests with the Minister for Justice and Law Reform. However, my Department is working with colleagues in the Department of Justice and Law Reform and other relevant Government Departments with a view to implementing additional protections, including revised procedures related to entry requirements for private domestic workers in diplomatic households consistent with its obligations under the Vienna Convention. Revised procedures will be introduced as soon as this work has been completed and agreement has been reached with the relevant Government Departments on the measures to be implemented.

Middle East Peace Process

Pádraig Mac Lochlainn

Question:

101 Deputy Pádraig Mac Lochlainn asked the Tánaiste and Minister for Foreign Affairs and Trade if, during his upcoming trip to Palestine and Israel, he will be accompanied by an Israeli security detail at any point in his journey in the occupied West Bank or East Jerusalem; and if he will have regard to the fact that international law considers these areas, along with Gaza, to be occupied Palestinian territories, and that to travel through any of the areas with an Israeli security detail would send entirely the wrong message to the Palestinians, the Israeli Government and the international community. [5530/12]

Pádraig Mac Lochlainn

Question:

102 Deputy Pádraig Mac Lochlainn asked the Tánaiste and Minister for Foreign Affairs and Trade, on behalf of the Irish people he will be representing, if he will make clear his opposition to, and the illegal nature of, Israeli settlements in the occupied Palestinian territories, including East Jerusalem. [5531/12]

Pádraig Mac Lochlainn

Question:

103 Deputy Pádraig Mac Lochlainn asked the Tánaiste and Minister for Foreign Affairs and Trade, further to Parliamentary Question No. 85 of 13 December 2011, if he will clarify his statement by developing Ireland’s bilateral relationships in the region; and if he is referring to increased trade between Ireland and Israel or any other form of economic co-operation between the two states. [5532/12]

I propose to take Questions Nos. 101 to 103, inclusive, together.

As I stated in my earlier reply to which the Deputy refers, the primary purpose of my recent visit to the Middle East was to meet the parties in relation to the Middle East Peace Process, to hear from them the prospects and obstacles as they see them, and to encourage them to commit seriously to this effort. I also wished to look for myself at some of the issues on the ground.

My expressed intention to develop Ireland's bilateral relations in the region referred to the normal range of contacts between states and peoples, which we seek to promote. This would include, as it would in any country which I visit, the possibilities for increasing Irish trade there — in this case with Israel. I have made very clear that it is not my view that our strong criticisms of Israeli policies in relation to the Occupation must constitute the totality of our relations; indeed I believe that to do so would only weaken the weight carried by our views, both in Israel, which we seek to persuade, and among our European partners. No Irish Government has supported suggestions that we should boycott trade or other relations with Israel, or contacts with Israeli people.

I have already on previous occasions made very clear my strong views not only on the illegality of settlements, but on the obstacle they increasingly pose to the achievement of a comprehensive peace in the Middle East, which should be the priority of all sides concerned. This was of course an important element in the views I conveyed in my discussions with Israeli leaders during my visit, although my principal focus was on the overall issue of promoting substantive peace talks and a comprehensive peace agreement between Israel and the Palestinians which will help bring the Occupation to an end.

I am of course aware of the position of international law on the status of the Occupied Territories. My visit, in keeping with our normal practice, was arranged in accordance with this. I can confirm that no Israeli security escort accompanied myself or the accompanying delegation during my visit to the Occupied Territories.

Departmental Expenditure

Pádraig Mac Lochlainn

Question:

104 Deputy Pádraig Mac Lochlainn asked the Tánaiste and Minister for Foreign Affairs and Trade the total cost of the recent visit by the Israeli parliamentary delegation on 17 January 2012 to Ireland, including spending on accommodation, transport, sustenance and any security costs incurred. [5533/12]

The visit of the Israeli Parliamentary delegation was an inter-Parliamentary visit at the invitation of the Ceann Comhairle. The only expense relating to my Department was a lunch hosted by Minister of State Creighton, which cost €849.03.

Tax Code

Michael Healy-Rae

Question:

105 Deputy Michael Healy-Rae asked the Minister for Finance his views on a matter (details supplied) regarding betting legislation; and if he will make a statement on the matter. [5110/12]

Jack Wall

Question:

106 Deputy Jack Wall asked the Minister for Finance his views regarding a matter (details supplied); the position regarding proposed legislation to address the issue; and if he will make a statement on the matter. [5285/12]

Seán Ó Fearghaíl

Question:

108 Deputy Seán Ó Fearghaíl asked the Minister for Finance his views on proposals regarding betting legislation contained in correspondence (details supplied); and if he will make a statement on the matter. [5527/12]

Sean Fleming

Question:

146 Deputy Sean Fleming asked the Minister for Finance if he will include persons involved in betting exchanges in which bets are laid under the proposed legislation on betting; if persons involved in this area will require a bookmaker’s licence; and if he will make a statement on the matter. [5481/12]

I propose to take Questions Nos. 105, 106, 108 and 146 together.

The proposed betting (Amendment) Bill, which is being drafted at present, will amend the 1931 Betting Act to inter alia establish the regulatory framework for the licensing of remote bookmakers and betting exchanges, including measures to enforce the regulatory framework. The drafting of the Bill, which is fairly complex, is well advanced. The Finance Act 2011 contained measures to allow for the extension of the 1% betting duty to remote bookmakers and for a 15% gross profit tax to betting exchanges. The taxation provisions are subject to a Ministerial Commencement order which can only be commenced when the Betting (Amendment) Bill is enacted.

In relation to the taxation treatment of betting exchanges, it is the operator of the betting exchange that will be liable to the gross profit tax which is also the position in the UK.

Customs and Excise

Eoghan Murphy

Question:

107 Deputy Eoghan Murphy asked the Minister for Finance if there is an operation in place to test trucks crossing the Border from Northern Ireland to ensure the fuel is not going to underground filling stations in the Republic. [5499/12]

All consignments of mineral oil from Northern Ireland are subject to requirements of EU law for the Intra-EU movement of excisable products. These requirements include the paying or securing of the excise duty due in the State, and that the consignment is at all times under cover of the appropriate documentation. In keeping, however, with the principle of free movement of goods in the EU, there can be no systematic or random checking of these consignments at the border, and a consignment may only be stopped and checked where there are reasonable grounds to suspect that there has been a breach of requirements. The consignment may then be stopped by Revenue officers, and documents may be examined and the mineral oil sampled and tested.

Revenue employs a broad range of compliance and enforcement strategies to detect illicit practices involving mineral oil fraud, including optimum deployment of resources to intercept illicit product, and sampling and testing of mineral oil, both in the course of consignment and at retail outlets.

Question No. 108 answered with Question No. 105.

Tax Code

Michael McGrath

Question:

109 Deputy Michael McGrath asked the Minister for Finance if a person’s income from the Department of Social Protection, which is exempt from the universal social charge, counts towards the exemption limit of €10,036 per annum. [4796/12]

The position is that payments from the Department of Social Protection are exempt from the Universal Social Charge. The annual exemption threshold of €10,036 applies to income which is chargeable to the USC. Accordingly, payments from the Department of Social Protection are not included in the exemption limit of €10,036.

Financial Services Regulation

Gerry Adams

Question:

110 Deputy Gerry Adams asked the Minister for Finance the discussions he has held with AIB and Permanent TSB regarding the possibility of removing tracker mortgages from their balance sheets into separate vehicles; if he has engaged with the ECB on the issue; the number of customers this will affect; the likely effect on customers; and if he will make a statement on the matter. [4821/12]

As the Deputy will appreciate, officials in my Department are in constant and on-going dialogue with our external partners and 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.

Tax Code

Patrick Nulty

Question:

111 Deputy Patrick Nulty asked the Minister for Finance if the criteria for being defined as a first-time buyer for stamp duty purposes are identical to the criteria applied to those seeking mortgage interest relief; and if he will make a statement on the matter. [4832/12]

The position is that the stamp duty exemption for "first time buyers" has been abolished in relation to instruments executed on or after 8 December 2011. As regards instruments executed on or before 7 December 2011, a "first-time buyer" for stamp duty purposes is a person (or where there is more than one buyer, each person) who has not on any previous occasion, either individually or jointly, purchased or built on his or her own behalf, or in a fiduciary capacity, a house in Ireland or abroad. A person is also regarded as a purchaser where a gift of a house is taken on or after 22 June 2000 or a gift of part of a house is taken on or after 27 June 2000.

As regards the tax relief in respect of interest paid on qualifying home loans (known as mortgage interest), the description "first time buyer" is used to describe an individual who is entitled to tax relief on greater amounts of interest paid and at higher rates of relief for the first 7 tax years in respect of which that individual is entitled to claim tax relief on interest paid on qualifying home loans.

As the Deputy is aware, I am introducing increased relief for those purchasers of houses for the first time in the 2004 to 2008 period and details will be in the forthcoming Finance Bill.

Patrick Nulty

Question:

112 Deputy Patrick Nulty asked the Minister for Finance the tax breaks and allowances that exist here for the purchase of and maintenance of commercial property; the cost of these to the Exchequer on annual basis for the years 2008, 2009, 2010 and 2011; and if he will make a statement on the matter. [4836/12]

I am informed by the Revenue Commissioners that where a commercial premises is in use for the conduct of a trade or profession, or where the premises is being let for such a business, then any normal, recurring, non-capital expenses which are incurred in the purchase, maintenance, upkeep, decoration and repair will generally be treated as deductible expenses for tax purposes. The expenses qualifying include interest payable on a loan to purchase, extend, repair or maintain a commercial building. The tax code also provides a general scheme of capital allowances in respect of expenditure on the construction of certain industrial buildings. The type of buildings that qualify under the general scheme of capital allowances for industrial buildings include factories and mills, harbours, airport runways and aprons, farm buildings and hotels and other tourist infrastructure. In general, buildings such as offices or retail premises are regarded as commercial and no capital allowances are available in respect of the cost of their construction. The "normal" rate at which capital allowances apply to industrial buildings under the general scheme is currently 4% per annum over 25 years.

In addition, under the various property and area-based incentive schemes, which have operated for many years, capital allowances were available in respect of the construction or refurbishment of certain commercial and industrial buildings. These schemes have all now been terminated except for the Specialist Palliative Care Units Scheme (which was never commenced) and the Mid-Shannon Corridor Tourism Infrastructure Investment Scheme (expiry 31/5/2015).

These incentive reliefs allow expenditure on industrial and commercial buildings to be written off for tax purposes at a faster rate than might otherwise be the case. In addition, the schemes provided relief for buildings, which would not otherwise get relief in the first place.

Following an Economic Impact Assessment carried out by my Department during 2011, certain restrictions are being introduced as to how allowances, which were available under the various property and area-based incentive schemes, can be used after the end of 2014. These measures, which I announced in the Budget last December, only apply to passive investors and the details will be included in the forthcoming Finance Bill. Under the proposed measures investors in accelerated capital allowance schemes (that is, schemes where allowances of greater than 4% per annum apply) will no longer be able to use unused capital allowances beyond the tax life of the particular building where that tax life ends on or after 1 January 2015. Where the tax life of a building has ended before January 2015, no carry forward of unused allowances into the tax year 2015 or any later tax year will be allowed.

The Revenue Commissioners have provided the following table which sets out the various property incentive schemes referred to above and the final termination date for incurring qualifying construction or refurbishment expenditure under each scheme.

Scheme

Termination Date (Note 1)

Urban Renewal

31/07/2008

Town Renewal

31/07/2008

Seaside Resorts

31/12/1999

Rural Renewal

31/07/2008

Multi-storey car parks

31/07/2008

Living over the Shop

31/07/2008

Enterprise Areas

31/12/2000

Park and Ride

31/07/2008

Holiday Cottages

31/07/2008

Hotels

N/A (Note 2)

Nursing Homes

30/06/2011

Housing for the Elderly/Infirm

30/04/2010

Hostels

N/A (Note 3)

Guest Houses

N/A (Note 3)

Convalescent Homes

30/06/2011

Qualifying (Private) Hospitals

31/12/2013

Qualifying Sports Injury Clinics

31/07/2008

Buildings Used for Child care Purposes

31/03/2012

Mental Health Centres

30/06/2011

Student Accommodation

31/07/2008

Registered Caravan Parks

N/A (Note 3)

Mid Shannon Corridor

31/05/2015

Specialist Palliative Care Units

Not commenced

Notes to Table

1) The termination dates shown in the Table are the dates by which the construction/refurbishment work on a building has to be carried out if the expenditure that is attributable to that work is to qualify for tax relief, not the date by which a building must be completed/sold or relief claimed. The termination dates shown are the final termination dates. Earlier termination dates may have applied in certain circumstances.

2) Capital allowances for expenditure incurred on hotel projects are of long standing and different rates have applied over time. An accelerated rate of 15% per annum (10% in year 7) applied in relation to construction/refurbishment expenditure incurred from 28/1/1994 up to 31/07/2008, subject to certain transitional arrangements being met. For expenditure incurred after that date, or where the transitional arrangements were not met, the annual allowance is 4%.

3) Annual allowances of 4% are available. Capital allowances in respect of industrial buildings may, subject to the conditions and limitations set out in the legislation, be used against trading and professional income as well as rental income received from the letting of such a building. The estimated costs in respect of capital allowances for industrial buildings for 2008 and 2009, the latest years for which figures are available, are €808.1m and €800.0m respectively. It is not possible to separately identify the cost of allowances claimed in respect of rental income derived from commercial property only.

The estimated cost of the property incentives element of the capital allowances costs shown above is as set out in the table below. The figures shown relate to the cost to the Exchequer of tax relief in respect of the industrial buildings allowance element of a range of property-based incentives derived from personal income tax returns filed by non-PAYE taxpayers and corporation tax returns filed by companies for 2008 and 2009, the latest years for which this information is available:

Scheme

Tax Cost 2008

Tax Cost 2009

€m

€m

Urban Renewal

30.9

38.1

Town Renewal

9.5

6.6

Seaside Resorts

1.8

1.3

Rural Renewal

7.7

6.6

Multi-storey car parks

6.6

5.2

Living over the shop

0.5

0.5

Enterprise Areas

2.5

2.1

Park and Ride

0.1

0.1

Holiday Cottages

14.8

13.9

Hotels

116.4

102.1

Nursing Homes

19.8

21.6

Housing for the Elderly/Infirm

3.0

2.8

Hostels

0.69

0.30

Guest houses

0.12

0.10

Convalescent Homes

0.5

0.5

Qualifying (Private) Hospitals

12.3

12.5

Qualifying sports injury clinics

1.7

1.5

Buildings used for Child-care Purposes

12.2

12.5

Student Accommodation

0.0

0.0

Caravan Camps

0.6

0.2

Mid Shannon Corridor

0.7

0.2

Other

13.5

13.7

Total

256.1

242.5

It should be noted that any corresponding data returned by PAYE taxpayers in the income tax return (Form 12) is not captured in the Revenue computer system. However, any PAYE taxpayer with non-PAYE income greater than €3,174 is required to complete an income tax return (Form 11).

The estimated relief claimed has assumed tax forgone at the 41% rate for 2008 and 2009 in the case of individuals and 12.5% in the case of companies for both years. The figures shown correspond to the maximum Exchequer cost in terms of income tax and corporation tax. Corresponding data cannot yet be provided for 2010 and 2011, as the tax returns for these years are either not yet due or are still being processed.

Tax relief is also available under Section 482 of the Taxes Consolidation Act 1997 for expenditure incurred on the restoration and maintenance of significant buildings and gardens. While a small number of these properties are operated on a commercial basis, it is not possible to split out the cost of the relief for such properties without a protracted examination of the records. In addition, Section 766A of the Taxes Consolidation Act 1997 provides for a 25% tax credit in respect of expenditure on buildings or structures used for research and development.

Patrick Nulty

Question:

113 Deputy Patrick Nulty asked the Minister for Finance the amount of extra revenue that will be garnered by increasing both capital gains tax and capital acquisitions tax to 40% in 2012; and if he will make a statement on the matter. [4837/12]

Budget 2012 saw an increase in the rate of both Capital Acquisitions Tax (CAT) and Capital Gains Tax (CGT) from 25% to 30%. I am advised by the Revenue Commissioners that the estimated full year yield to the Exchequer from increasing the CAT tax rate by 10% to 40% could be in the region of €110 million.

I am also advised by the Revenue Commissioners that the estimated full year yield to the Exchequer from increasing the CGT tax rate by 10% to 40% could be in the region of €166 million. This figure includes corporate gains. However, these estimates assume no behavioural changes on the part of taxpayers, and large increases in rates such as are contemplated in the question may have a significant behavioural impact and may not produce a corresponding increase or decrease in tax yield. In current economic conditions any estimate of additional yield must be treated with caution. In addition, increasing the rate could, in theory, lead to a reduction in yield from the tax.

Customs and Excise

John O'Mahony

Question:

114 Deputy John O’Mahony asked the Minister for Finance, in view of the increased number of flights into Ireland West Airport Knock, County Mayo, his plans to appoint full-time customs staff at the airport; and if he will make a statement on the matter. [4869/12]

I am advised by the Revenue Commissioners that, although staff are not based full-time at Ireland West Airport Knock, there is a Customs presence for the majority of flights, including all flights from high risk destinations as determined by Revenue's risk analysis and profiling systems. Attendance by Customs officers is selective and targeted and is based on analysis and evaluation of national and international seizure trends, traffic frequency, routes and other risk indicators. Attendance can also be as a result of specific intelligence. A drugs detector dog is frequently in attendance and X-ray equipment is in regular use in the arrivals terminal. Flights with origins and destinations with a high-risk rating attract particular interest. Attendances by Customs officers cover the full range of flight times and are kept under constant review, in particular to take account of emerging smuggling trends and any traffic increases at the Airport. This approach is in line with international practice in smaller airports and is also an efficient use of limited resources. Revenue is aware of new flights commencing shortly at Knock and will keep the level and extent of customs controls under review, as necessary, based on risk analysis of those additional flights.

EU-IMF Programme

Tom Fleming

Question:

115 Deputy Tom Fleming asked the Minister for Finance if the terms of reference being used by the troika as it works towards producing a common paper on a possible alternative to the IBRC promissory notes, include the possibility of proposing some form of new substitute financial instruments as opposed to merely adjusting the interest rate and/or the duration of repayment of the existing promissory notes; and if he will make a statement on the matter. [4874/12]

As the Deputy is aware, the Government is currently in detailed discussions with its European partners about restructuring the promissory notes held by IBRC. These promissory notes are funded by emergency liquidity assistance, or ELA, provided by the Central Bank of Ireland (CBI). This ELA is itself funded by the CBI through Intra-Eurosystem liabilities and any repayments of ELA are used to reduce this liability on the Central Bank's balance sheet. If the discussions about restructuring the promissory notes are successful, it could result in the replacement of these notes with an alternative instrument and a change in the repayment profile of the associated funding. The government's approach in this matter is to vigorously pursue a resolution that is in Ireland's interests but to do so with the agreement of the ECB, the IMF and EC.

Economic Growth

Tom Fleming

Question:

116 Deputy Tom Fleming asked the Minister for Finance if he will clarify the relative importance of the divergence that now exists in the projected growth rate for this year between the December budget figure of 1.3% and the troika’s new estimate of 0.5%, in terms of any mid-term adjustment being considered for 2012; and if he will make a statement on the matter. [4876/12]

The Budget Day forecast is for real GDP growth of 1.3 per cent in 2012. The Budget Day forecast was prepared on the basis of economic information (domestic and international) available up to end-November 2011, and was mid-range at that time. Given the highly uncertain environment, the Budget documentation also pointed to a number of risks to this forecast — some to the downside and some to the upside. This uncertainty has continued into 2012 and is reflected in the wide range of GDP projections for this year, not just for Ireland, but also for the euro area. Indeed, the Troika's January forecast of 0.5 per cent growth reflects heightened concerns about the euro-area outlook.

While the Troika has revised down its real GDP growth forecast for this year, it still sees the overall deficit target of 8.6 per cent as achievable, albeit with risks — as is always the case with any forecast in any year. In this respect, it is important to highlight that it is the nominal growth rate of GDP (i.e. volume and price changes) which drives tax revenue and affects the various fiscal ratios. It is also crucial to point out that the Exchequer budgetary position at end-2011 was better than anticipated at Budget time, providing a small safety margin in terms of achieving the 2012 deficit target.

We are only a month into the New Year so talking about a mid-term adjustment at the moment is not appropriate. My Department will continue to monitor the economic and budgetary situation over the coming months, in particular the monthly Exchequer Statement, and this will inform official thinking on these matters. As is the norm, my Department will publish a revised set of economic and budgetary forecasts in the April Stability Programme Update.

Departmental Bodies

Micheál Martin

Question:

117 Deputy Micheál Martin asked the Minister for Finance if the Revenue Commissioners will confirm that in so far as they have dealings with a person (details supplied) in County Kerry, they are of the highest probity and professional standing and that any inference to the contrary is completely without foundation; and if he will make a statement on the matter. [4893/12]

This is a matter for the Revenue Commissioners. I am advised by Revenue that under its Customer Service Charter a presumption of honesty underpins all interaction with taxpayers (and by extension their representatives). Revenue does not and could not be expected to provide formal confirmation or assurance of the bona fides of any tax professional. The creation of such a document for any tax practitioner would be in contravention of the equitable treatment that Revenue is required to provide to all its customers and their intermediaries. The matter raised by the Deputy has previously been addressed fully by Revenue. Both the Offices of the Information Commissioner and Ombudsman have independently considered applications by the individual in question and issued decisions upholding Revenue's responses and actions.

National Asset Management Agency

Peter Mathews

Question:

118 Deputy Peter Mathews asked the Minister for Finance the reason the National Asset Management Agency is delaying the sale of land in Sandyford, Dublin 18 (details supplied) that will allow for the investment of €10 million by a private company and significant job creation; and if he will make a statement on the matter. [4917/12]

I am informed by NAMA that the site in question is controlled jointly by NAMA and a non-NAMA bank. Any sale requires the joint agreement of the two lenders in question. The company in question had sought to purchase c. 50% of the site marketed for sale, and the view of the joint lenders was that this proposal significantly devalued the balance of the site. I am also informed that the company in question had dropped it's offer price significantly during negotiations.

Disabled Drivers

Patrick O'Donovan

Question:

119 Deputy Patrick O’Donovan asked the Minister for Finance if allowances can be made in exceptional circumstances regarding disability regulations (details supplied). [4934/12]

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. The legislation specifies that where a person satisfies the Revenue Commissioners that s/he is a Disabled Driver who complies with all the conditions of the Disabled Drivers Scheme, that person shall be entitled to relief in respect of a vehicle with an engine capacity of up to but not greater than 2,000 c.c. The legislation does not provide for any exceptions and the provisions of SI 353/1994 must be fully adhered to.

Departmental Correspondence

John McGuinness

Question:

120 Deputy John McGuinness asked the Minister for Finance if he will expedite a resolution in the case of a person (details supplied) in County Kilkenny arising from correspondence issued recently by the Revenue Commissioners; and if he will make a statement on the matter. [4943/12]

The Revenue Commissioners have asked me to advise you that details of the named individual's Old Age Pension were received from the Department of Social Protection and his Tax Credits 2012 were adjusted to facilitate the collection of tax on this income. The named individual called to his local Revenue office recently and his tax position was fully explained to him. If he has any further questions, he should contact Revenue again.

Tax Collection

John McGuinness

Question:

121 Deputy John McGuinness asked the Minister for Finance if a payment plan to pay taxes to the Revenue Commissioners in respect of a person (details supplied) in County Kilkenny will be accepted. [4950/12]

This is a matter for the Revenue Commissioners. I am advised by Revenue that the debt owed by the persons concerned was referred to the Sheriff when an arrangement for payment acceptable to Revenue was not agreed. The persons concerned are paying the debt owed to the Sheriff through an interim phased payment subsequently agreed with the Sheriff. This arrangement is due to be reviewed by the Sheriff at the end of February. The persons concerned will have an opportunity to bring any material matters to the Sheriff's attention in the context of that review.

State Banking Sector

Michael McCarthy

Question:

122 Deputy Michael McCarthy asked the Minister for Finance his views on the costs which are incurred by financial institutions under his control each time they issue correspondence to customers informing them of mortgage rate increases; the amount each institution spent in 2010 and 2011 on administration and postage of such letters in tabular form; and if he will make a statement on the matter. [4957/12]

The administration expenses incurred by these financial institutions are a day-to-day operational matter for the board and management of those institutions and I have no function in the matter.

Terence Flanagan

Question:

123 Deputy Terence Flanagan asked the Minister for Finance his views on a matter regarding Anglo Irish Bank; and if he will make a statement on the matter. [4972/12]

I have been informed by the Bank that it had a €1.25bn senior unsecured unguaranteed EMTN in issue, which matured on 25 January 2012. Securities such as this are freely tradeable once issued and therefore IBRC, the issuer, has no means of establishing the underlying ownership. These securities are publicly traded and dealt through market participants and settled by clearing house systems. An issuer does not have any access to the records of the clearing house. At maturity, the Bank will instruct its paying agent to transfer the funds due to the clearing house who will then distribute the funds to the holders of the securities as per their records.

Peter Mathews

Question:

124 Deputy Peter Mathews asked the Minister for Finance if he will confirm that the vast majority of the Irish Bank Resolution Corporation’s liabilities are now accounted for by emergency liquidity assistance debts to the Central Bank of Ireland; if he will provide an estimate of the level of these debts; and if he will make a statement on the matter. [4990/12]

I can confirm that IBRC receives the majority of its funding from the Central Bank of Ireland via its emergency liquidity facility. As the Deputy will be aware, the latest published figures are set out in the bank's Interim Report for the six months ended 30 June 2011 which can be found at the following link: http://www.ibrc.ie/About_us/Financial_information/Latest_interim_report/Interim_Report _2011.pdf.

Peter Mathews

Question:

125 Deputy Peter Mathews asked the Minister for Finance if he has requested that the Central Bank of Ireland allow the Irish Bank Resolution Corporation to delay beginning repayments of its emergency liquidity assistance debts until the country has emerged from its economic crisis; and if he will make a statement on the matter. [4991/12]

I have not asked the Central Bank of Ireland to allow IBRC to delay repayments of the Emergency Liquidity Assistance (ELA) provided. The Deputy will be aware that while there is an implicit link between the current repayment schedule on the Promissory Note and ELA there is no specific repayment schedule, as such, in relation to ELA. Any discussions in relation to ELA would of necessity have to include the ECB. As I have indicated, I am committed to reviewing the approach to the Promissory notes with a view to reducing the overall cost to the State of correcting the banking system. The troika have agreed to engage in a process with Irish Officials to produce a common paper which will consider all options for restructuring the notes in terms of the source of funding, the duration of the notes, the interest rate, etc.

In tandem with this technical review I have commenced an intensive campaign at political level to garner support for an approach which is more beneficial to the Irish State. The Minister has met with Commissioner Rehn and Mario Draghi, President of the European Central Bank last week to progress the matter.

Given the nature of advocacy and the decision making process in the EU, I would not expect this matter to be concluded in the short term.

Peter Mathews

Question:

126 Deputy Peter Mathews asked the Minister for Finance, on the understanding, based on Article 14.4 of the ECB statute, that deferral of emergency liquidity assistance repayments can be blocked by a two thirds vote of the ECB Governing Council, if he has asked for ECB President Draghi’s support in approving such a proposal; and if he will make a statement on the matter. [4992/12]

The Government is currently in technical discussions with its European partners about restructuring the promissory notes held by IBRC. These promissory notes are funded by exceptional liquidity assistance, or ELA, provided by the Central Bank of Ireland (CBI). This ELA is itself funded by the CBI through Intra-Eurosystem liabilities and any repayments of ELA are used to reduce this liability on the Central Bank's balance sheet. If the discussions about any restructuring of the promissory notes are successful, it could result in the replacement of these notes with an alternative instrument and a change in the repayment profile of the associated funding. The government's approach in this matter is to vigorously pursue a resolution that is in Ireland's interests but to do so with the agreement of the ECB, the IMF and EC.

Peter Mathews

Question:

127 Deputy Peter Mathews asked the Minister for Finance if he will provide an explanation of the Central Bank of Ireland’s policy regarding its plans for repayment of emergency liquidity assistance debts by the IBRC; if this money is used to purchase assets for the bank, profits from which can be returned to the Exchequer, or if this money is used to write down the bank’s liabilities, effectively destroying the money created when the ELA loans were made; and if he will make a statement on the matter. [4993/12]

Exceptional Liquidity Assistance or ELA is one of the ways that the Central Bank has responded to the financial crisis. This is distinct and separate from regular funding operations carried out for monetary policy implementation purposes through the ECB. A loan provided to a credit institution under ELA is granted against suitable collateral, where suitability is in line with unpublished criteria defined by the Central Bank. As with procedures for ECB eligible collateral, appropriate haircuts/discounts are applied with a view to ensuring that the Central Bank would not suffer any loss in the event of default on the loan assistance. Any ELA provided by a central bank is funded through Intra-Eurosystem liabilities. As such, any repayments of ELA are used to reduce this liability on the Central Bank's balance sheet.

Departmental Staff

Gerry Adams

Question:

128 Deputy Gerry Adams asked the Minister for Finance the salaries and allowances paid to his private secretary and to the Secretary General of his Department; and if he will make a statement on the matter. [5028/12]

In my Department, I understand that although the Secretary General's nominal salary is significantly higher than €200,000, he has gifted the excess to the state on a voluntary basis. The position of private secretary to the Minister is currently staffed in my Department by a civil servant at Administrative Officer level who receives an allowance of €20,685 per annum in respect of the extra duties and responsibilities attaching to the post including extra attendance outside normal hours.

The allowance for private secretaries to Ministers was reduced by 5% on 1 January 2010 under the Financial Emergency Measures in the Public Interest (No. 2) Act 2009. In December last, it was announced that all Departments will have to achieve a reduction of 5% in the cost of allowances and premium payments in 2012. In this regard all allowances in the public service, including the allowance payable to private secretaries to Ministers, are currently subject to a review led by the Department of Public Expenditure and Reform.

Appointments to State Boards

Gerry Adams

Question:

129 Deputy Gerry Adams asked the Minister for Finance if he will provide a breakdown of the number of appointments that have been made to State boards by him since he came to office, including the names of the appointees and the boards they have been appointed to; the number of these appointments that have been made using new procedures involving the advertising of such posts on his Department’s website and the interview of the chairpersons of boards by Oireachtas committees; if he will highlight situations where this process has not occurred; and the reason it has not occurred in each case. [5044/12]

In response to the Deputy's question the following appointments were made in respect of bodies under the aegis of my Department since March 2011.

Fiscal Advisory Council

The following people were appointed to the Fiscal Advisory Council:

Mr. Sebastian Barnes

Professor Alan Barrett

Dr. Donal Donovan

Professor John McHale, Chair

Dr. Roisin O'Sullivan

As Minister for Finance I announced the establishment of the Irish Fiscal Advisory Council on a non-statutory basis on 7 July 2011. The Council is part of a wider agenda of reform of Ireland's budgetary architecture which is envisaged in the Programme for Government and is a requirement of the EU/IMF Programme of Financial Support for Ireland. When establishing the Council, I stated that the Council would be an independent body whose existence and independence would be underpinned by legislation to be brought forward by Government in the Fiscal Responsibility Bill.

The Chairman did not undergo interview by Oireachtas Committee but the Fiscal Council appeared before the Joint Oireachtas Committee on Finance, Public Expenditure and Reform on 17 November 2011 to discuss their first fiscal assessment report published in October.

I appointed the members having regard to a number of criteria including the desirability of having a mix of appropriate backgrounds (academia, the financial sector/financial markets and public finance), macroeconomic/microeconomic expertise and a strong international dimension, as well as the need to take gender considerations into account. I am satisfied that the appointed members have the mix of skills and experience, including in relation to fiscal affairs, to ensure that the Council will be highly effective in fulfilling its mandate. The Fiscal Responsibility Bill will include provisions for the appointment of members once the Council is on a statutory footing.

Irish Bank Resolution Corporation (IBRC)

Mr. Oliver Ellingham and Mr. Roger McGreal were appointed to the Board of the Irish Bank Resolution Corporation.

As specific skills are required due to the nature of the business model at IBRC it was decided on this occasion not to proceed with the public advertisement of the vacancies.

For the sake of completeness, I have formed a panel of suitably qualified people in 2011 for possible appointment or nomination to the board of certain banks following a public expressions of interest process. Recently, Bank of Ireland has appointed Mr. Patrick Haren who was included on this panel to their Court (board).

Tax Clearance Certificates

Michael McGrath

Question:

130 Deputy Michael McGrath asked the Minister for Finance if he will arrange for tax credit to be reviewed and a revised certificate issued if necessary in respect of a person (details supplied) in County Cork. [5059/12]

The person concerned called to the Revenue office in Cork in early January and was advised that he was exempt from tax. On a more detailed review, it now appears that this information was incorrect, and Revenue regrets any distress caused by the incorrect information. The most recent figures available to Revenue indicate that an occupational pension of approximately €25,000 was paid in 2010, and that a contributory State pension of approximately €22,400 has been payable since late 2010. Based on this information, and assuming those income levels continue, this person and his spouse will exceed the exemption limit for a jointly assessed couple. Revenue has issued a revised tax credit certificate based on this assumption.

If the person feels that the information held by Revenue is incorrect, it is recommended that the person concerned complete a Form 12 (Return of Income) for 2011 to ensure that Revenue's information is complete. If he has any other queries, he should telephone Revenue on 1890 22 24 25.

Tax Collection

Billy Timmins

Question:

131 Deputy Billy Timmins asked the Minister for Finance the position regarding tax in respect of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [5144/12]

I am advised by the Revenue Commissioners that the person concerned is in receipt of an Occupational Pension and a pension from the Department of Social Protection which provide him a combined taxable income of approximately €40,000. Tax credits and reliefs have been applied to this income and a revised Tax Credit and Universal Social Charge Certificate issued to the persons concerned in respect of the year 2012. Based on the information available to the Revenue Commissioners the person concerned has been allowed the appropriate tax credits and reliefs on his income.

The person concerned may wish to contact the Revenue Commissioners in respect of the home improvement loan in order that any necessary adjustment may be made to his Tax Credit and Universal Social Charge Certificate.

State Banking Sector

Pearse Doherty

Question:

132 Deputy Pearse Doherty asked the Minister for Finance if he will provide a full list of all unsecured unguaranteed bonds due to be paid by Irish Bank Resolution Corporation in 2012 and 2013 detailing the amounts to be paid, the dates on which the payments will be made and the current holders of the bonds; and if he will make a statement on the matter. [5160/12]

The list of unsecured unguaranteed bonds due to be paid in 2012 and 2013 is set out in a table. As already indicated the bank has no means of establishing the underlying ownership of these securities which are freely tradeable once issued. These securities are publicly traded and dealt through market participants and settled by clearing house systems. An issuer does not have any access to the records of the clearing house. At maturity, the Bank will instruct its paying agent to transfer the funds due to the clearing house which will then distribute the funds to the holders of the securities as per their records. Even where the bank is presented with lists alleging to represent names of bondholders I am informed there is no way for the bank, or anyone else, to verify the veracity of such lists.

Unguaranteed

ISIN

Maturity Date

Value Date

Currency

Net Issuance

Euro Equivalent

XS0243157897

03/02/2012

03/02/2006

EUR

20,000,000

20,000,000

XS0278110357

15/02/2012

21/12/2006

GBP

1,000,000

1,200,768

XS0286152482

23/03/2012

23/03/2007

EUR

3,500,000

3,500,000

XS0288559585

23/03/2012

23/03/2007

EUR

8,000,000

8,000,000

XS0290744530

28/03/2012

28/03/2007

EUR

9,000,000

9,000,000

XS0298047290

26/04/2012

26/04/2007

JPY

1,500,000,000

15,034,580

XS0293036819

27/04/2012

27/04/2007

EUR

30,000,000

30,000,000

XS0294693774

27/04/2012

27/04/2007

EUR

10,000,000

10,000,000

XS0363778449

14/05/2012

14/05/2008

GBP

60,000,000

72,046,110

XS0306306613

26/06/2012

26/06/2007

GBP

8,595,000

10,320,605

XS0306307694

26/06/2012

26/06/2007

EUR

590,708,000

590,708,000

XS0306654657

27/06/2012

27/06/2007

USD

15,000,000

11,607,212

XS0307691559

28/06/2012

28/06/2007

GBP

400,000,000

480,307,397

XS0382011749

20/08/2012

18/08/2008

EUR

10,000,000

10,000,000

XS0327475074

08/11/2012

08/11/2007

CZK

600,000,000

23,574,712

XS0373626208

04/07/2013

04/07/2008

EUR

50,000,000

50,000,000

XS0367944377

22/07/2013

21/07/2008

EUR

25,000,000

25,000,000

XS0333549599

29/11/2013

30/11/2007

BGN

25,000,000

12,782,493

Pearse Doherty

Question:

133 Deputy Pearse Doherty asked the Minister for Finance, further to Parliamentary Question No. 44 of 15 November 2011, if he will provide an update on his and Irish Bank Resolution Corporation’s efforts to establish the identity of current unsecured, unguaranteed bondholders with Anglo Irish bank; the rationale for his or IBRC’s efforts in this regard; if he or IBRC have identified these bondholders; and if so, if he will provide a list of those identified and the bonds they currently have with IRBC; and if he will make a statement on the matter. [5204/12]

As the Deputy is aware the bank has no means of establishing the underlying ownership of these securities which are freely tradeable once issued. These securities are publicly traded and dealt through market participants and settled by clearing house systems. An issuer does not have any access to the records of the clearing house. At maturity, the Bank will instruct its paying agent to transfer the funds due to the clearing house which will then distribute the funds to the holders of the securities as per their records. Even where the bank is presented with lists alleging to represent names of bondholders I am informed there is no way for the bank or anyone else to verify the veracity of such lists. In the circumstances the Deputy will appreciate that there is nothing further I can do to identify the names of the bondholders.

Pension Provisions

Brendan Griffin

Question:

134 Deputy Brendan Griffin asked the Minister for Finance his views on a matter regarding pensions (details supplied); if he will outline the person’s options; and if he will make a statement on the matter. [5220/12]

Income tax relief at an individual's marginal tax rate is allowed (within limits) on contributions made to supplementary private pension arrangements, including personal pension plans and retirement annuity contracts. Investment growth in such pension arrangements approved by the Revenue Commissioners is also exempt from tax. The purpose of these various tax relief arrangements is to allow individuals to supplement any State pension income they may be entitled to with private pension income in retirement. The use of tax-relieved private pension savings to purchase additional State pension entitlements either here or elsewhere is not permitted and I have no plans to change that position. Retirement benefits can be taken from a personal pension plan or retirement annuity contract at any time after age 60 and before age 75 without any requirement to give up work, so if the individual is 65 he is free to take his benefits. The options available are as follows:

Up to 25% of the accumulated fund may be taken as a lump sum that is tax-free up to a lifetime limit of €200,000. The options available with the remainder of the pension fund are—

to purchase an annuity,

to receive the balance of the pension fund in cash (subject to tax, as appropriate), or

to invest in an approved retirement fund (ARF).

The latter two options are subject to conditions. The conditions include the requirements that the individual be over 75 years of age or, if younger, that the individual has a guaranteed level of pension income (specified income) actually in payment for life at the time the option to effect the ARF or cash option is exercised. Finance Act 2011 increased the guaranteed level of pension income required to an amount equal to 1.5 times the maximum annual rate of the State Pension (Contributory) bringing the "specified income" limit to €18,000 per annum at present. Where the minimum specified income test is not met, and an individual does not wish to purchase an annuity, then an approved minimum retirement fund (AMRF) must be chosen into which a "set aside" amount must be invested from the pension fund equal to 10 times the maximum annual rate of State Pension (Contributory) —€119,800 at present — or the remainder of the pension fund, after taking the tax-free lump sum, if less.

Government Bonds

Pearse Doherty

Question:

135 Deputy Pearse Doherty asked the Minister for Finance if he will provide the monthly average yields for Irish Government bonds being traded on the secondary market categorised by duration of each bond form October 2010 to January 2012 in tabular form; and if he will make a statement on the matter. [5290/12]

The information requested by the Deputy is set out in the table below. This information has been provided by the National Treasury Management Agency.

Average Redemption Yield % (monthly Oct 2010 to Jan 2012*)

Maturity Date

Oct-10

Nov-10

Dec-10

Jan-11

Feb-11

Mar-11

Apr-11

May-11

June-11

July-11

Aug-11

Sept-11

Oct-11

Nov-11

Dec-11

Jan-11

Mar-12

3.60

5.27

4.87

4.67

4.41

5.22

6.46

8.36

6.74

9.38

7.38

6.84

5.08

5.42

4.22

3.18

Apr-13

4.30

6.35

6.12

6.51

6.77

8.64

9.53

11.55

11.93

16.47

9.58

8.25

7.24

8.48

7.98

5.75

Jan-14

4.71

7.19

6.98

7.33

7.65

9.45

10.29

12.37

13.58

16.71

9.64

8.26

7.45

8.52

8.19

6.16

Apr-16

5.35

7.56

7.68

8.02

8.19

9.78

10.19

11.51

12.20

14.07

9.05

7.69

6.97

8.20

8.15

6.49

Oct-18

5.94

7.89

8.08

8.30

8.49

9.40

9.70

10.76

11.36

12.88

8.94

8.04

7.65

8.34

8.47

7.37

Jun-19

6.10

7.85

8.24

8.47

8.62

9.34

9.65

10.42

11.02

12.38

8.78

7.95

7.68

8.32

8.39

7.40

Oct-19

6.24

8.01

8.39

8.65

8.90

9.72

8.89

10.70

11.49

13.17

9.63

8.29

7.83

8.37

8.54

7.54

Apr-20

6.31

8.00

8.39

8.64

8.79

9.41

9.48

10.23

10.95

12.17

9.13

8.16

7.71

8.32

8.46

7.44

Oct-20

6.42

8.13

8.52

8.75

8.93

9.59

9.65

10.39

11.19

12.38

9.31

8.33

7.90

8.32

8.52

7.61

Mar-25

6.71

8.14

8.56

8.77

8.85

9.30

9.09

9.61

10.34

11.18

8.94

7.24

7.74

8.23

8.33

7.48

* to 27/1/2012
Source: Bloomberg

Banks Recapitalisation

Peter Mathews

Question:

136 Deputy Peter Mathews asked the Minister for Finance, further to Parliamentary Question No. 112 of 29 November 2011, if he will clarify a matter (details supplied) on the banks’ pension funds; and if he will make a statement on the matter. [5348/12]

As the Deputy will be aware none of the institutions in receipt of State Aid has used State Funds directly to offset deficits in defined benefit pension schemes. This assurance, provided by the banks, would cover the direct transfer of funds provided in State Aid towards the reduction of deficits in the banks' pension schemes. The institutions do contribute, as required by law and regulation, to pension schemes in the normal way. Deficits that exist in pension schemes in the institutions are being reduced generally through increased employee contributions and reductions in future benefits. The Deputy will appreciate, however, an institution's funds are not generally segregated by source for distribution in specific ways. It is very difficult in terms of a bank's funding to categorically state that State Aid does not indirectly find its way through normal employee contribution or pre-State Aid contractual arrangements into pension funds. However, in terms of the principal at issue I am assured by the institutions that none of the institutions has used State funds directly to off-set deficits in defined benefit pension scheme funds.

Disabled Drivers

Paul Connaughton

Question:

137 Deputy Paul J. Connaughton asked the Minister for Finance the rationale behind the stipulation in the application for tax relief for passengers with disabilities stating that the car must be purchased from an authorised dealer; if he will define an authorised dealer; if there is any mechanism whereby a person who purchased a vehicle privately can have it authorised; if there are any plans to change the current regulations; and if he will make a statement on the matter. [5364/12]

I am advised by the Revenue Commissioners that an authorised dealer is a person who is authorised under section 136 of the Finance Act 1992 (as amended) "to manufacture, distribute, deal in, deliver, store, repair or modify unregistered vehicles and to convert registered vehicles”. Authorisation brings a number of responsibilities concerning the management and record keeping in relation to vehicles, responsibilities that are subject to control and scrutiny by the Commissioners. Because of the significant amount of relief from both VRT and VAT available to purchasers of vehicles under the Disabled Drivers and Passengers scheme, it is appropriate that vehicles provided under this scheme should be provided by authorised dealers to facilitate the monitoring of various elements of the scheme.

As it is the dealer who supplies a vehicle that is authorised and not the vehicle, it is not possible to retrospectively authorise a vehicle purchased privately.

There are no plans to change the current regulations regarding authorisation.

EU-IMF Programme

Eric J. Byrne

Question:

138 Deputy Eric Byrne asked the Minister for Finance in respect of Ireland’s commitments under the EU-ECB-IMF troika deal, the methods that will be used to meet our targets under this deal in terms of our debt to GDP ratio for 2012, 2013 and 2014 in tabular form; and if he will make a statement on the matter. [5369/12]

Table 2.1 on page 20 of the Medium-Term Fiscal Statement outlines the amount of consolidation required over the period2012-2015 to meet the targets agreed under the EU/IMF Programme—link: http://budget.gov.ie/budgets/2012/Documents/Medium%20Term%20Fiscal%20Statement%20November%202011.pdf

Technical General Government Deficit Projections and Amount of Consolidation Required to Achieve Targets

2012

2013

2014

2015

% of GDP

General Government Deficit Target — as set by ECOFIN Council

8.6

7.5

5.1

2.9

Projected General Government Deficit

8.6

7.5

5.0

2.9

€ billions

€ billions

€ billions

€ billions

Total Consolidation Amount

3.8

3.5

3.1

2.0

Expenditure

2.2

2.25

2.0

1.3

Current

1.45

1.70

1.9

1.3

Capital

0.75

0.55

0.1

0.0

Tax

1.6

1.25

1.1

0.7

New Measures

1.0

0.95

0.9

0.4

Carry Forward

0.6 *

0.30

0.2

0.3

* The Universal Social Charge is also expected to deliver an additional €0.4 billion in revenues in 2012. While this is not part of the €3.8 billion consolidation package, it is captured in the budgetary projections.

Source: Department of Finance and Department of Public Expenditure and Reform

Rounding may affect totals

There were minor revisions to this information in Budget 2012 contained on pages D.16-17 and more detailed information was provided on the composition of revenue measures for the period 2013-2015— link: http://budget.gov.ie/budgets/2012/Documents/Economic%20and%20Fiscal%20Outlook.pdf

Indicative Revenue Raising Measures 2013-2015

€million

2013

2014

2015

Total

c/f

New

c/f

New

c/f

New

Direct and Capital Taxes

71

415

195

300

130

330

1,441

Indirect Tax

149

420

65

100

20

100

854

Local Tax

125

440

120

685

Sub-Total

220

960

260

840

150

550

Total (inclusive of c/fwd)

1,180

1,100

700

2,980

Source: Department of Finance.

Rounding can affect totals.

As set out in the MTFS, revenue measures amounting to a cumulative €4.65 billion for the period 2012 to 2015 are envisaged. Taking account of the Budget 2012 measures Table 8 sets out the indicative path to achieve this overall total.

Revenue Consolidation Targets 2012-2015

€ billion

2012

2013

2014

2015

Total

MTFS Target

1.6

1.25

1.1

0.7

4.65

Post-Budget

1.7

1.2

1.1

0.7

4.65

Sources: Department of Finance.

Rounding can affect totals.

Taking into account the latest macroeconomic and fiscal forecasts as contained in Budget 2012, these consolidation measures would result in debt to GDP ratios for the period 2011-2015 as detailed in the table below. This information is also available in Annex II on page D.22 of Budget 2012— link: http://budget.gov.ie/budgets/2012/Documents/Economic%20and%20Fiscal%20Outlook.pdf

General Government Debt Developments 2011-2015

% of GDP

2011

2012

2013

2014

2015

Gross debt

107

115

119

118

115

Change in gross debt (=1+2+3)

14.8

7.3

4.5

-1.2

-3.3

Tax Collection

Brian Walsh

Question:

139 Deputy Brian Walsh asked the Minister for Finance if there is any mechanism by which charities can reclaim VAT that was incorrectly applied by telecommunications providers to charitable donations made via SMS text message; and if he will make a statement on the matter. [5389/12]

I am advised by the Revenue Commissioners that, where telecommunications providers incorrectly apply VAT to charitable donations made via SMS text messages, as distinct from applying it to any fees charged by them, VAT legislation allows for the telecommunications providers to refund to their customers the VAT overcharged, provided that their systems and records are capable of identifying the overcharges and giving adequate proof as to the nature of any refunds, in accordance with the normal rules. VAT legislation does not allow Revenue to make refunds of VAT, overcharged by suppliers of services or goods, directly to the customers of such suppliers.

Revenue Commissioners

Seán Kenny

Question:

140 Deputy Seán Kenny asked the Minister for Finance if he will provide an analysis of Revenue Commissioners staff at each grade, on the basis of gender and age, as of 1 January 2012; and if he will make a statement on the matter. [5406/12]

The Revenue Commissioners have provided me with a table in relation to the information sought by the Deputy:

Table 1: Head count* of Revenue staff, by grade, gender and age at 31/12/11.

Age

Grade

Gender

20-29

30-39

40-49

50-59

Over 60

GrandTotal

PO

F

7

7

17

2

33

M

3

11

64

6

84

PO Total

10

18

81

8

117

AP

F

2

29

34

62

6

133

M

2

4

55

201

24

286

AP Total

4

33

89

263

30

419

HEO/AO

F

10

82

127

294

7

520

M

3

52

139

332

18

544

HEO/AO Total

13

134

266

626

25

1,064

EO/SO

F

27

193

472

653

24

1,369

M

22

174

225

309

13

743

EO/SO Total

49

367

697

962

37

2,112

CO

F

194

575

568

449

67

1,853

M

101

236

184

136

24

681

CO Total

295

811

752

585

91

2,534

Other

F

1

3

13

7

24

M

1

10

29

49

32

121

Other Total

1

11

32

62

39

145

Grand Total

362

1,366

1,854

2,579

230

6,391

*Please note that the above figures are based on the head count; the whole-time equivalent figures would be less.

An analysis of the data shows that 44% of the Revenue staff are aged 50 and over with only 5.6% of staff aged 20 to 29. The overall female to male breakdown is 62% female and 38% male.

These demographics are due in part to the restrictions on recruitment in recent years. The numbers by grade and gender will change further as a result of the retirements due by the end of February 2012. Over 200 Revenue staff have applied to retire during January and February 2012. Further significant retirements are expected over the next 5-10 years. Officials from my Department, the Revenue Commissioners and the Department of Public Expenditure and Reform are in discussions on how to address critical skills losses arising from recent and known retirements, and to plan for the medium and long-term.

Customs and Excise

Seán Kenny

Question:

141 Deputy Seán Kenny asked the Minister for Finance if he will allocate funding to purchase additional mobile X-ray scanner and a cutter vessel for customs and excise; if he will apply for European Union funding to cover these costs; and if he will make a statement on the matter. [5407/12]

I am informed by the Revenue Commissioners, who are responsible for the collection of taxes and duties and for tackling the smuggling of dutiable and prohibited goods, including tobacco products and narcotics, that they regard anti-smuggling prevention as a high priority area. The use of enforcement equipment such as mobile X-ray scanners, Revenue cutters and other detection technologies is just one part of a multi-faceted strategy employed by Revenue to tackle smuggling. This strategy includes ongoing analysis of the nature and extent of smuggling activity and developing and sharing intelligence on a national, EU and international basis. It necessitates ongoing review of operational policies and optimum deployment of resources at points of importation and inland to intercept contraband product.

Revenue consistently monitors ongoing developments in available X-ray and other technologies, and the selection and deployment of detection equipment is constantly reviewed. Revenue has made use of the European Union Hercule II Programme in the past to fund detection equipment and will apply for funding, when appropriate, in the future. The actual technology selected and the operational deployment of that technology is a matter for the Revenue Commissioners.

Under the present rules of the EU Hercule II Programme, Ireland would have to fund a minimum of 50% of the capital costs and 100% of the on-going operational costs of a new container scanner. The capital cost of a new mobile X-ray container scanner is in the region of €3 million with annual running costs of approximately €320,000.

Revenue currently has two mobile X-ray container scanning systems, the second of which was commissioned in January 2010. One scanner is based in Dublin Port and the other at Rosslare Ferry Port. However, both scanners are available for deployment at other ports as required. Revenue deploys the scanners on a risk assessment basis at various locations throughout the country. In addition to the container scanners, Revenue also uses smaller static baggage/ parcel scanners, which are deployed at all major ports, airports and postal depots. Two new X-ray scanners were also purchased within the last 12 months for use in postal depots. Revenue also expects to procure a smaller mobile Scan Van in 2012 and has submitted an application for co-funding for this to the European Union Hercule II programme. With regard to mobile container scanners Revenue is satisfied that the two main container ports in the State are adequately serviced and has no plans to acquire any such additional scanners.

The Revenue Commissioners currently have two cutters in service, RCC Suirbheir, which was brought into service in 2004 and RCC Faire, which entered service in 2009. Both vessels are involved on an ongoing basis in the patrol and monitoring of the State's maritime jurisdiction and adjacent waters. These patrol/monitoring activities are aimed at the prevention, detection, interception and seizure of prohibited and dutiable goods, including narcotics and tobacco products, smuggled or illegally imported into, or intended to be exported out of, the State/EU. They are also involved in servicing national and international arrangements and Mutual Assistance requests from other jurisdictions.

The Revenue cutters are part of a multi-faceted strategy employed by Revenue in combating drugs trafficking and other smuggling by sea. The Revenue cutters operate in co-operation with land based Revenue officials and other State enforcement agencies to combat drugs trafficking into Ireland by sea and co-operating with international customs agencies to combat international drugs trafficking by sea.

Revenue constantly monitors its equipment requirements in the light of new technologies and changing risks. They have advised that they are satisfied that there is no current requirement for an additional cutter.

Financial Services Regulation

Maureen O'Sullivan

Question:

142 Deputy Maureen O’Sullivan asked the Minister for Finance his views on the decision of the Financial Regulator to restrict lending to credit unions; his further views on whether this will mean credit unions will have less money to earn from interest in order for the money to be put into reserves required by the Financial Regulator; his further views on whether this decision was made as part of a long-term plan to restrict the number of credit unions; and if he will make a statement on the matter. [5418/12]

The imposition of lending restrictions is the responsibility of the Registrar of Credit Unions, who is the independent regulator for credit unions. Within his independent regulatory discretion, the Registrar acts to support the prudential soundness of individual credit unions, to maintain sector stability and to protect the savings of credit union members. As Minister for Finance, my role is to ensure that the legal framework for credit unions is appropriate for the effective operation and supervision of credit unions. It would not be appropriate for me, as Minister for Finance, to examine or adjudicate on whether the placing of lending restrictions is necessary on a case by case basis. I believe that such action would represent interference in the work of the independent regulator.

While loan interest is a valuable source of income for credit unions, it is important that lending takes places in accordance with regulatory requirements in order to protect the savings of members in credit unions and to ensure that credit unions focus on risks when making lending decisions. Restrictions are imposed on a case-by-case basis and are reviewed regularly. The type of lending restrictions can include maximum individual loan size, overall maximum monthly lending limits and restrictions on business lending.

The Registrar has advised that about 50% of credit unions are subject to lending restrictions at present. Almost all credit unions with a lending restriction have a maximum individual loan size restriction. Of the credit unions with lending restrictions over 65% can lend €20,000 or more to an individual member. Less than 3% of credit unions are restricted to loans of less than €10,000 to an individual member, and less than 1% of credit unions are restricted to lending less than €5,000 per member. Commercial lending restrictions apply to approximately a third of credit unions.

The imposition of lending restrictions is part of the normal regulation and supervision of the sector and is not part of credit union restructuring. The Commission on Credit Unions was established to review and make recommendations on the future of the credit union movement, taking into account their not-for-profit mandate, their volunteer ethos and community focus, while paying due regard to the need to fully protect depositors savings and financial stability. The Interim Report of the Commission was published in October 2011 and was welcomed by all the stakeholders. The Final Report is to be provided to me by the end of March 2012.

Tax Reliefs

Brendan Griffin

Question:

143 Deputy Brendan Griffin asked the Minister for Finance if he has made a decision in relation to a mortgage interest relief issue (details supplied); and if he will make a statement on the matter. [5434/12]

As I stated in my Budget speech, the Government has now fulfilled its commitment contained in the Programme for Government to increase the rate of mortgage interest relief to 30 per cent for first-time buyers who took out their first mortgage in the period 2004 to 2008. The technical detail of the legislation is currently being prepared for the Finance Bill and I will take the highlighted case into consideration in that regard.

Financial Institutions Support Scheme

Gerry Adams

Question:

144 Deputy Gerry Adams asked the Minister for Finance if he will provide a list of the senior bondholders who were paid in full by the Irish Bank Resolution Corporation on 25 January to the sum of €1.25 billion; if these bondholders made a profit on the payment; if he has such a list; if IBRC has such a list; if the payment of these bondholders falls within the remit of the Comptroller and Auditor General; if the latter will be able to publish a report dealing with these payments in relation to who received them; and if he will make a statement on the matter. [5441/12]

As the Deputy is aware I am not in a position to provide a list of the bondholders who were repaid the gross payment of €1.25 billion. I am advised that the process of issuing new bonds is normally through underwriting, where one or more securities firms or banks form a syndicate buying the entire bond issue from the issuer and then re-selling to investors. Primary issuance is arranged by these syndicates who contact potential investors and advise the bond issuer in terms of timing, tenor and pricing of the bond issue.

The bond issuer will likely have little knowledge of the original owners of the bonds; also these initial investors may over time sell the bonds to other investors. Bonds are usually issued in bearer form which means that the purchasers of the bonds are unknown, with the bonds usually held by a securities depository company (e.g. Euroclear and Clearstream). When paying interest and principal the bond issuer will transfer the required funds to the securities depository company which in turn will pay the funds through to the bondholders.

The function of the securities depository company is to receive the appropriate interest or principal payment for the entire bond issue from the issuer and to distribute the required amounts to the individual bondholders. This is a standard process for all such issuances. Therefore throughout this entire process the bond issuer is unaware of the individual bondholders' details.

European Council Meetings

Patrick O'Donovan

Question:

145 Deputy Patrick O’Donovan asked the Minister for Finance the EU Councils of Ministers on which he sits; the number of meetings of that Council held between 2007 and 2011; the number of those meetings he attended; the number attended by the relevant Minister of State; the number attended by an Irish official; and if he will provide the names of those who attended in tabular form. [5468/12]

The Economic and Financial Affairs Council (Ecofin) usually meets monthly, although it can meet more frequently, if required. Formal Ecofin meetings are held in Brussels or Luxembourg; informal Ecofin meetings are convened in the country holding the six-monthly Presidency (usually April and October). Separately to the Ecofin meetings, Eurogroup meetings usually take place on the evening beforehand. In many cases when the Minister could not attend an Ecofin meeting, he would have attended the Eurogroup meeting that preceded it. 61 meetings of the Ecofin Council have been held between 2007 and 2011. Since my appointment as Minister for Finance, 11 meetings of Ecofin took place in 2011 and I attended ten of these meetings. Mr. Brian Hayes TD, Minister of State at the Department of Finance attended a meeting of Ecofin on 14 June 2011, as I was abroad on official business in the US.

The following tables set out the dates of all Ecofin Council meetings convened between 2007 and 2011, and details of who attended each of these meetings:

2007

Date

Name

30/01/2007

Brian Cowen TD, Minister for Finance

27/02/2007

Brian Cowen TD, Minister for Finance

27/03/2007

Brian Cowen TD, Minister for Finance

20-21/04/2007 (Informal Ecofin — Germany)

Brian Cowen TD, Minister for Finance

08/05/2007

Ambassador Bobby McDonagh, Permanent Representative to the EU

05/06/2007

Ambassador Bobby McDonagh, Permanent Representative to the EU

10/07/2007

Brian Cowen TD, Minister for Finance

14-15/09/2007 (Informal Ecofin, Portugal)

Brian Cowen TD, Minister for Finance

09/10/2007

Ambassador Bobby McDonagh, Permanent Representative to the EU

13/11/2007

Ambassador Bobby McDonagh, Permanent Representative to the EU

04/12/2007

Ambassador Bobby McDonagh, Permanent Representative to the EU

2008

Date

Name

22/01/2008

Brian Cowen TD, Minister for Finance

12/02/2008

Brian Cowen TD, Minister for Finance

04/03/2008

Brian Cowen TD, Minister for Finance

04-05/04/2008 (Informal Ecofin, Slovenia)

James O’Brien, Second Secretary, Department of Finance

14/05/2008

Brian Lenihan TD, Minister for Finance

03/06/2008

Brian Lenihan TD, Minister for Finance

08/07/2008

Ambassador Bobby McDonagh, Permanent Representative to the EU

12-13/09/2008 (Informal Ecofin, France)

Brian Lenihan TD, Minister for Finance

07/10/2008

Brian Lenihan TD, Minister for Finance

04/11/2008

Brian Lenihan TD, Minister for Finance

02/12/2008

Ambassador Bobby McDonagh, Permanent Representative to the EU

18/12/2008 (Informal Ecofin, Paris)

Brian Lenihan TD, Minister for Finance

2009

Date

Name

20/01/2009

Brian Lenihan TD, Minister for Finance

10/02/2009

Brian Lenihan TD, Minister for Finance

10/03/2009

Ambassador Bobby McDonagh, Permanent Representative to the EU

03-04/04/2009 (Informal Ecofin, Czech Republic)

Brian Lenihan TD, Minister for Finance

05/05/2009

Ambassador Rory Montgomery, Permanent Representative to the EU

09/06/2009

Ambassador Rory Montgomery, Permanent Representative to the EU

07/07/2009

Ambassador Rory Montgomery, Permanent Representative to the EU

02/09/2009

Minister Brian Lenihan TD

01-02/10/2009 (Informal Ecofin, Sweden)

Minister Brian Lenihan TD

20/10/2009

Ambassador Rory Montgomery, Permanent Representative to the EU

10/11/2009

Ambassador Rory Montgomery, Permanent Representative to the EU

02/12/2009

Brian Lenihan TD, Minister for Finance

2010

Date

Name

19/01/2010

Ambassador Rory Montgomery, Permanent Representative to the EU

16/02/2010

Brian Lenihan TD, Minister for Finance

16/03/2010

Brian Lenihan TD, Minister for Finance

16-17/04/2010 (Informal Ecofin, Spain)

Irish Ambassador to Spain, HE Justin Harman (the Minister was unable to travel to Spanish Informal due to travel restrictions on account of Volcanic Ash).

09/05/2010

Brian Lenihan TD, Minister for Finance

18/05/2010

Ambassador Rory Montgomery, Permanent Representative to the EU

08/06/2010

Ambassador Rory Montgomery, Permanent Representative to the EU

13/07/2010

Martin Mansergh TD, Minister of State at the Department of Finance

07/09/2010

Brian Lenihan TD, Minister for Finance

01/10/2010 (Informal Ecofin, Brussels)

Dara Calleary TD, Minister of State at the Department of Finance

19/10/2010

Ambassador Rory Montgomery, Permanent Representative to the EU

17/11/2010

Brian Lenihan TD, Minister for Finance

07/12/2010

Ambassador Rory Montgomery, Permanent Representative to the EU

2011

Date

Name

18/01/2011

Ambassador Rory Montgomery, Permanent Representative to the EU

15/02/2011

Brian Lenihan TD, Minister for Finance

15/03/2011

Michael Noonan TD, Minister for Finance

08-09/04/2011 (Informal Ecofin, Hungary)

Michael Noonan TD, Minister for Finance

17/05/2011

Michael Noonan TD, Minister for Finance

14/06/2011

Brian Hayes TD, Minister of State at the Department of Finance

20/06/2011

Michael Noonan TD, Minister for Finance

12/07/2011

Michael Noonan TD, Minister for Finance

16-17/09/2011 (Informal Ecofin, Poland)

Michael Noonan TD, Minister for Finance

04/10/2011

Michael Noonan TD, Minister for Finance

22/10/2011

Michael Noonan TD, Minister for Finance

08/11/2011

Michael Noonan TD, Minister for Finance

30/11/2011

Michael Noonan TD, Minister for Finance

Question No. 146 answered with Question No. 105.

Tax Code

Seán Kyne

Question:

147 Deputy Seán Kyne asked the Minister for Finance if he is considering rebalancing the excise tax structure on cigarettes by reducing the ad valorem element significantly and increasing the specific element of excise tax, thereby removing the tax discount for cheap cigarettes; if his attention has been drawn to the fact that 12 EU member states have rebalanced their tax structures by reducing the ad valorem element and increasing the specific element of excise tax, and have increased total excise revenue return as a result; and if he will make a statement on the matter. [5485/12]

The Deputy will be aware that Ireland has the highest prices and excise duty levels for cigarettes in the EU and already applies a high specific duty element and a low ad valorem element in setting its excise duty for cigarettes relative to other Member States. However the question of re-balancing the excise tax structure will be examined in the context of the 2012 Finance Bill.

EU Directives

Michael McGrath

Question:

148 Deputy Michael McGrath asked the Minister for Finance the potential implications for financial institutions in this State of the inclusion in the draft European bank capital directive the requirement that all loans be treated as in default when they are in arrears for more than 90 days, particularly the impact on banks’ capital requirements and their ability to work with mortgage holders in arrears; and if he will make a statement on the matter. [5529/12]

I am informed by the Central Bank that it does not see any material near-term impact on banks' capital levels or on their ability to work with mortgage holders in arrears from the draft Capital Requirements Directive provision on the definition of default (Article 174). In the current Capital Requirements Directive (Directive 2006/48/EC), which Ireland transposed through SI No.661 of 2006, default shall be considered to have occurred with regard to a particular obligor when either

a) the institution considers that the obligor is unlikely to pay its credit obligations to the institution, the parent undertaking or any of its subsidiaries in full, without recourse by the institution to actions such as realising security; or

b) the obligor is past due more than 90 days on any material credit obligation to the institution, the parent undertaking or any of its subsidiaries. I am informed by the Central Bank that its assessment is that the definition of default in the proposed new directive remains broadly the same.

People experiencing difficulties with their mortgage arrears are covered by the Central Bank's Code of Conduct on Mortgage Arrears (the CCMA). The Central Bank also produced a consumer guide to assist consumers in understanding the new process and what they should expect from lenders. The guide is available on the Central Bank's website at http://www.centralbank.ie/regulation/processes/consumer-protection/documents/code of conduct on mortgage arrears 1 january 2011.pdf.

Programme of Financial Support

Pearse Doherty

Question:

149 Deputy Pearse Doherty asked the Minister for Finance if he will provide details of moneys drawn down to date from the EU-IMF programme; the dates on which the draw-downs took place; the interest rates payable on those draw-downs; and if he will make a statement on the matter. [5554/12]

To date, Ireland's nominal borrowings from the European Financial Stabilisation Mechanism and the European Financial Stability Facility under the EU/IMF Programme amount to €38.2 billion. The following table, provided by the NTMA, sets out the loans drawn down to date from each source under the EU-IMF programme of financial support for Ireland along with the interest rate for these loans. The interest rates reflect the interest rate margin reductions agreed in respect of loans from the European Financial Stability Facility (EFSF) and the European Financial Stabilisation Mechanism (EFSM).

Draw-down Date

Maturity Date

Interest Rate

Currency Code

Principal Currency

Billion

01/02/2011

18/07/2016

2.75%

EUR

4.2

14/11/2011

04/02/2022

3.60%

EUR

3.0

15/12/2011

15/03/2012

0.32%

EUR

1.0

12/01/2012

04/02/2015

1.73%

EUR

1.3

19/01/2012

19/07/2012

0.37%

EUR

0.5

Total European Financial Stability Facility

10.0

12/01/2011

04/12/2015

2.50%

EUR

5.0

24/03/2011

04/04/2018

3.25%

EUR

3.4

31/05/2011

04/06/2021

3.50%

EUR

3.0

29/09/2011

04/09/2026

3.00%

EUR

2.0

06/10/2011

04/10/2018

2.38%

EUR

0.5

16/01/2012

04/04/2042

3.75%

EUR

1.5

Total European Financial Stabilisation Mechanism

15.4

18/01/2011

18/01/2021

Floating SDR + Surcharges

XDR

5.0

18/05/2011

18/05/2021

Floating SDR + Surcharges

XDR

1.4

07/09/2011

07/09/2021

Floating SDR + Surcharges

XDR

1.3

16/12/2011

16/12/2021

Floating SDR + Surcharges

XDR

3.3

Total International Monetary Fund

11.0

14/10/2011

15/04/2019

4.72%

GBP

0.4

30/01/2012

30/07/2019

4.29%

GBP

0.4

Total UK Bilateral Loan

0.8

Note 1: The interest rate on IMF loans is variable. It is composed of a weekly setting of the IMF SDR interest rate and surcharges which are volume and time dependent. As of 30 January 2012 the SDR interest rate accruing on Ireland’s IMF loans is 0.14% and the surcharges are 2.32% making a total of 2.46%.

This interest rate represents the unhedged cost of funds.Note 2 :XDR is the currency code used to denote the IMF’s Special Drawing Rights (SDRs), an international reserve asset which is composed of a basket of currencies consisting of the euro, Japanese yen, pound sterling, and U.S. dollar.

Under Ireland's EU-IMF Programme a total of €67.5 billion in loans will be provided from EU facilities, bilateral loans and the IMF. Total disbursements from the EFSF/EFSM will amount to €3.3 billion in January 2012. The schedule of future disbursements is kept under constant review and is the subject of discussion at each quarterly review. Disbursements take place following the completion of the review process, with the approval by EU Finance Ministers at Eurogroup and ECOFIN and the IMF's Executive Board, of the reports prepared, respectively, by the European Commission Services and IMF staff. The actual disbursements take place in the period following approval.

The next planned disbursement from the IMF will be approximately €3.2 billion and is scheduled to take place, subject to approval, after their Executive Board meeting on February 27th. The second disbursement of approximately €482 million under the bilateral loan agreement with the UK took place on 30 January 2012. Subject to signature of the bilateral loan agreements with Sweden and Denmark, the first disbursements of €0.2 billion and €0.1 billion respectively are due to be drawn down following this review.

National Anthem

Maureen O'Sullivan

Question:

150 Deputy Maureen O’Sullivan asked the Minister for Finance his views on whether the use of the phrase “Sinne fianna fáil”, translated from Liam Ó Rinn’s version of the national anthem, should be re-translated in order for it not to reflect a particular political party name; and if he will make a statement on the matter. [5556/12]

In response to the Deputy's question, I have previously provided a response to a question put down by the Deputy on 11 May 2011 (ref: 10806/11) in relation to the translated version of the National Anthem that is commonly in use today. In that response I referred to an article that was written by Ms Ruth Sherry, Professor of English in the University of Trondheim in Norway entitled "The Story of the National Anthem". The article appeared in the publication, History Ireland, in Spring 1996.

In her article Ms Sherry makes the point that the Irish translation which became generally known and used was written perhaps as early as 1917 by Liam Ó Rinn, who later became Chief Translator to the Oireachtas. He translated the first line of the chorus, ‘Soldiers are we, whose lives are pledged to Ireland' as "Sinne fianna fail, atá fá gheall ag Éireann''. A copy of the article can be found on the following website: http://www.historyireland.com/ volumes/volume4/issue1/features/?id=113150.

Included in the article, it states that "(Liam) Ó Rinn translated the first line of the chorus, ‘Soldiers are we, whose lives are pledged to Ireland', as ‘Sinne fianna fáil, atá fá gheall ag Éirinn'." Before the Treaty, the Volunteers had identified themselves in Irish as descendants of Finn Mac Cool's warriors, the Fianna, and Inis Fáil was believed to be an old name for Ireland: hence ‘Fianna Fáil, the Soldiers of Ireland'. The Volunteers wore insignia incorporating the letters FF. These insignia were carried over and used by the National Army after the establishment of the Free State, and are still used on army uniforms today. Thus Ó Rinn's rendering of Kearney's ‘soldiers' as ‘fianna fáil' is an apt reference to the group which adopted the song, and, in the context of the early publication of his translation in An tOglach in 1923, the first line constitutes a reference to the continuity between the Volunteers and the Free State army.

This translation was made well before Éamon de Valera's founding in 1926 of the political party which was also given the name Fianna Fáil. This shows that there is no reflection to a political party name in the translation version of the National Anthem.

Departmental Offices

Maureen O'Sullivan

Question:

151 Deputy Maureen O’Sullivan asked the Minister for Finance his views on whether the Paymaster General’s office, which provides a banking service to all Departments and Government offices and is assigned to him under the Ministers and Secretaries Act 1924, would be better served as an independent service under the Constitution, as in the case of the Office of the Comptroller and Auditor General, rather than under the political control of the Minister for Finance in office; and if he will make a statement on the matter. [5557/12]

The Paymaster General's Office, which is part of my Department, has two operational units. One of the units provides a banking service to Departments and Offices. It is not involved in policy matters. Due to automation of processes and the decline in the number of paper payments (payable orders) from 4.2 million in 2001 to 295,000 in 2011, it has been possible to reduce the number of staff in the unit, from a headcount of 18 in 2004 to four full time staff today.

Under the Public Service Reform Plan, which was published by the Department of Public Expenditure and Reform, it is intended during 2012 to develop a strategic business case, in consultation with key impacted Department representatives, for a shared banking service to be used by all Government Departments/Offices and their Agencies in due course. In the circumstances, I do not consider it warranted, or appropriate, to put the Paymaster General's Office on a Constitutional footing, which would require a referendum with attendant costs.

Maureen O'Sullivan

Question:

152 Deputy Maureen O’Sullivan asked the Minister for Finance if he will confirm that the important function of the Paymaster General’s office is the provision of end-of-month financial reports to departmental offices, to facilitate reconciliation of their accounts; if the offices are in any way accountable for the spending of Departments and the monitoring of their solvency; and if he will make a statement on the matter. [5558/12]

I can confirm that an important function of the Office of the Paymaster General is the provision of online reporting facilities, which enable Departments and Offices to generate reports to assist them with the reconciliation of their accounts. The appointed Accounting Officer of each Department or Office is accountable for the spending of the Department/Office and, in that regard, is required to have adequate systems of internal financial controls.

In managing their spending, Departments/Offices are subject to the upper limits, known as "Estimates for Supply Services" voted by Dáil Éireann each year, the requirement for the sanction from the Department of Public Expenditure and Reform and the requirements set out in "Public Financial Procedures". Departments/Offices are also monitored on an ongoing basis by the Department of Public Expenditure and Reform.

Maureen O'Sullivan

Question:

153 Deputy Maureen O’Sullivan asked the Minister for Finance the number of persons who have been granted the position of Paymaster General since 2002; the salary paid in each case; the number who have retired; the retirement gratuity and pension payable in each case; and if he will make a statement on the matter. [5559/12]

Under the Schedule (first part) of the Ministers and Secretaries Act, 1924, the Office of the Paymaster General and Deputy Paymaster for Ireland was assigned to the Department of Finance. As such the position is vested in the Minister for Finance and no additional remuneration or pension entitlement arises. The Office of the Paymaster General has two operational arms: one provides a banking service to Departments and Offices while the other pays pensions on an agency basis to retired civil servants, office holders and VEC staff. The Office is under the day to day management of a Principal in my Department who also has other responsibilities.

Mortgage Arrears

David Stanton

Question:

154 Deputy David Stanton asked the Minister for Finance his position regarding persons in mortgage arrears; the details of the instruction, if any, issued to banks and other financial institutions by him or the Financial Regulator regarding the need to negotiate with clients who are unable to meet their mortgage repayments; and if he will make a statement on the matter. [5579/12]

The Government is acutely aware of the increasing financial stress that some households are facing arising from difficulty in meeting their mortgage commitments. The Government, therefore, established an Inter-Departmental Working Group on Mortgage Arrears to consider what additional measures could be introduced to assist people experiencing mortgage difficulty. The Group's report was published last October and the implementation of its recommendations is a key part of the Government's ongoing efforts to tackle mortgage difficulty.

With regard to mortgage holders in arrears or in danger of going into financial difficulty, the Central Bank revised Code of Conduct on Mortgage Arrears (CCMA) offers increased protections. The revised CCMA, which came into effect from 1 January 2011, builds on the provisions of the previous version and includes more detailed requirements, including the establishment of a formal Mortgage Arrears Resolution Process (MARP). In that regard, the Central Bank has also published a guide for consumers on mortgage arrears ‘Mortgage Arrears — A Consumer Guide to Dealing with your Lender' and this is available on the Central Bank website.

More recently, the Central Bank has also required licensed mortgage lenders to develop comprehensive strategies and implementation plans to deal with their individual mortgage arrears situations. The Central Bank is currently reviewing these strategies and plans to ensure that they are addressing the problem and that mortgage lenders are looking at appropriate longer term solutions, such as those recommended in the Inter-Departmental Mortgage Arrears Working Group report and other options that banks may develop themselves, for their customers who may have unsustainable mortgages. The Central Bank will continue to engage with lenders on the further development and implementation of these strategies and plans.

Flood Insurance

Richard Boyd Barrett

Question:

155 Deputy Richard Boyd Barrett asked the Minister for Finance if he will fund a house insurance scheme for those who cannot access flood insurance due to repeated flooding; and if he will make a statement on the matter. [37693/11]

I have no plans to introduce a type of Government-backed insurance scheme outlined by the Deputy. The possible introduction of a scheme to protect householders who cannot obtain flood insurance from insurance companies was examined in 2010. However, at that time the Government concluded that such an approach was not financially viable. In particular, there were concerns that, over time, such a scheme could incentivise the insurance industry to discontinue the provision of flood cover in medium and high risk areas, thereby making the cost of such a scheme prohibitive.

I am advised by the Minister of State with responsibility for the Office of Public Works, that the OPW continues to liaise with the Irish Insurance Federation, to ensure that the Federation and its members have access to up-to-date information on flood protection measures. The Minister of State has also advised me that he intends to arrange a meeting with representatives of the insurance industry early this year to provide a forum for the effective interchange of information and opinions in relation to flood risk management.

Eurozone Crisis

Richard Boyd Barrett

Question:

156 Deputy Richard Boyd Barrett asked the Minister for Finance his views on the ESRI report which predicts that the economic crisis may reach the scale of the 1930s Depression; and if he will make a statement on the matter. [38669/11]

The ESRI Quarterly Economic Commentary published in November suggested that there is a lack of coordinated action in the euro area and the situation contains elements reminiscent of policy making during the Great Depression. Since the start of the economic crisis, significant and bold policy actions have been undertaken by the ECB and by euro area Member States. As a result, an outright depression has been avoided.

The intensification of the eurozone sovereign debt crisis in recent months has called for additional action on our part and we have stepped up to this challenge. For example, the ECB is providing unlimited three year liquidity. The six pack of legislative reforms is another example. Moreover, as part of the intergovernmental agreement reached on Monday, euro area Member States have committed to a new "Fiscal Compact". This will lead to enhanced budgetary and economic coordination and governance. So progress is clearly being made.

Richard Boyd Barrett

Question:

157 Deputy Richard Boyd Barrett asked the Minister for Finance his views on whether only the ECB can be a firewall against financial panic; and if he will make a statement on the matter. [38670/11]

Micheál Martin

Question:

166 Deputy Micheál Martin asked the Minister for Finance if the ECB will make radical choices to solve the euro crisis in order that international markets can regain confidence in our currency; and if he will make a statement on the matter. [38474/11]

Micheál Martin

Question:

172 Deputy Micheál Martin asked the Minister for Finance his views on whether the ECB should have an extended role in its response to the euro currency crisis; and if he will make a statement on the matter. [1918/12]

I propose to take Questions Nos. 157, 166 and 172 together.

The independence of the European Central Bank is enshrined in the Treaty and in this context it is important that this be respected when commenting on such matters. In terms of developments in recent months, I would highlight the key role that the ECB is already playing in addressing the crisis. For instance, it is important to note the positive impact of measures announced in December to support bank lending and liquidity in the euro area money market. In addition, secondary market purchases of the sovereign debt of vulnerable euro area Member States under the Securities Markets Programme have had a beneficial impact.

In terms of the wider question regarding the resolution of the euro area crisis, my view is that we are now seeing concerted action to address the weaknesses that have become evident in the design of monetary union. Retrofitting the single currency with the tools necessary to make it consistent with an economic union will be important in this regard. Considerable progress has been made, including the so-called "six-pack" of legislative reforms as well as the agreement on a "fiscal compact" to ensure fiscal discipline in participating Member States.

Secondly, we need to avoid difficulties in one Member State spreading to other Members States by erecting suitable financial firewalls. There has been some considerable progress in this area, including the development of stabilisation mechanisms that would have been unthinkable only two years ago.

Economic Growth

Richard Boyd Barrett

Question:

158 Deputy Richard Boyd Barrett asked the Minister for Finance if he has discussed the downgrading of Irish growth projections with his European counterparts; and if he will make a statement on the matter. [39784/11]

My fellow European Finance Ministers and I regularly discuss at Eurogroup and Ecofin meetings the economic situation in the EU, eurozone and in individual Member States. This is a useful exercise and particularly important at the current juncture given the very uncertain environment in which we are operating. This uncertainty is reflected in the wide range of growth projections for this year, not just for Ireland but also for the euro-area.

Concerns about the euro area outlook in particular, reinforce the need for strong policy action at European level. I and my colleagues are working to this end and progress is being made.

Richard Boyd Barrett

Question:

159 Deputy Richard Boyd Barrett asked the Minister for Finance if he has discussed the downgrading of growth projections in the eurozone with his European counterparts; and if he will make a statement on the matter. [39785/11]

The European Commission released its Autumn Economic Forecast on 10th November 2011. The Commission believes that the global economy has moved to a lower growth trajectory and that real GDP growth in the EU came to a standstill around the end of 2011. Only in the second half of 2012 is a return to economic growth expected. GDP growth in 2011 is estimated at 1.5% in the euro area and 1.6% in the EU, and projected to be 0.5% and 0.6% respectively in 2012 and 1.3% and 1.5% in 2013.

I have discussed the Commission's latest forecasts with my European colleagues. These downward revisions to growth underline the importance of achieving an early and effective resolution of the sovereign debt crisis in the euro area in order to restore consumer and investor confidence. In this regard there have been some positive developments recently including the six-pack of legislative reforms and agreement on the Treaty on Stability, Co-ordination and Governance.

EU-IMF Programme

Richard Boyd Barrett

Question:

160 Deputy Richard Boyd Barrett asked the Minister for Finance his views regarding the content of his recent meetings with the United States Treasury Secretary, Mr. Timothy Geithner, and the concerns he expressed that the Irish bailout programme could be derailed by poor and slowing growth in the domestic and wider European economy. [2328/12]

The last time that I met formally with US Treasury Secretary Timothy Geithner was in June of last year in Washington. In terms of the discussion, I assured Secretary Geithner that our programme was on track, as had been confirmed in various quarterly reviews, and that political ownership of the programme was strong. Macroeconomic developments at both the European and global level were also discussed, and I impressed upon him the openness of the Irish economy and, as such, its high degree of sensitivity to international developments. I also took the opportunity to outline my belief that the design of the EU/IMF programme of support for Ireland could be improved, which I believe is in all of our interests.

Flood Insurance

Joan Collins

Question:

161 Deputy Joan Collins asked the Minister for Finance if he will fund a house insurance scheme for those who cannot access flood insurance due to repeated flooding; and if he will make a statement on the matter. [37727/11]

I have no plans to introduce a type of Government backed insurance scheme outlined by the Deputy. The possible introduction of a scheme to protect householders who cannot obtain flood insurance from insurance companies was examined in 2010. However, at that time the Government concluded that such an approach was not financially viable. In particular, there were concerns that, over time, such a scheme could incentivise the insurance industry to discontinue the provision of flood cover in medium and high risk areas, thereby making the cost of such a scheme prohibitive.

I am advised by the Minister of State with responsibility for the Office of Public Works, that the OPW continues to liaise with the Irish Insurance Federation, to ensure that the Federation and its members have access to up-to-date information on flood protection measures. The Minister of State has also advised me that he intends to arrange a meeting with representatives of the insurance industry early this year to provide a forum for the effective interchange of information and opinions in relation to flood risk management.

Pension Provisions

Sean Fleming

Question:

162 Deputy Sean Fleming asked the Minister for Finance the reason he has approved new arrangements to grant tax-free lump sums of up to €200,000 to Secretaries General who retire after February 2012; and if he will make a statement on the matter. [35139/11]

The following are the current arrangements which apply in relation to the taxation of retirement lump sums paid under Revenue approved pension arrangements. These arrangements apply in both the public and private sectors and were introduced in Budget and Finance Act 2011:

Retirement lump sum amounts up to €200,000 are paid free of tax. They are also paid free of the Universal Social Charge (USC).

The portion of a lump sum between €200,001 and €575,000 is taxed on a ring-fenced basis at 20%. (This means that no tax credits or other tax reliefs can be set against this portion of the lump sum.) No USC is chargeable.

Any amount of a lump sum in excess of €575,000 is taxed under Schedule E and collected under the PAYE system (credits and other tax reliefs are available). In this instance, USC is also chargeable on the excess.

These amounts are lifetime amounts with prior lump sums taken since 7 December 2005 aggregating with later lump sums.

Tax Code

Joe Higgins

Question:

163 Deputy Joe Higgins asked the Minister for Finance if he has discussed the proposal for a European-wide transaction tax with other EU leaders. [3675/12]

As I have stated clearly in the past, if such a tax cannot be introduced on a global basis, I think it would be better if it were introduced on an EU-wide basis. This would prevent any distortion of activity within the Union. Our major concern is that, if an FTT is introduced, it could affect the financial services industry, especially in the IFSC, and lead to some activities and jobs moving abroad. If, as some countries have proposed, the tax was to be brought in under enhanced co-operation arrangements, we would fear we could lose business to London, since the UK is strongly opposed to this initiative. In the past, certain financial activities moved to London when other countries enacted similar taxes. The current draft proposal is still being discussed at EU Council Working Party level and will be considered again by the Council of Ministers later this year. I have made clear our views, as has the Taoiseach, in discussion with our European colleagues.

Budget Submissions

Micheál Martin

Question:

164 Deputy Micheál Martin asked the Minister for Finance if there were pre-budget meetings with the social partners in the context of budget 2012; and if he will make a statement on the matter. [37018/11]

I met with a number of groups as part of the Budget 2012 process. These included ICTU, IBEC, the IFA, the ICMSA, the CIF and the Community and Voluntary Pillar. As the Deputy will be aware, the Pillar is comprised of seventeen organisations representing the interests of people from many different sectors of society. In addition, my Department received in the order of 700 submissions from organisations, groups and individuals. These were considered by officials in the context of Budget preparation.

Jobs Initiative

Micheál Martin

Question:

165 Deputy Micheál Martin asked the Minister for Finance his views on whether the job stimulus initiatives already undertaken will be sufficient to ease the unemployment figures if growth rates remain between 1.6 and 1.8%; and if he will make a statement on the matter. [38472/11]

As set out in Budget 2012, my Department expects the unemployment rate to gradually decline as the economy recovers. At present, 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. Figures from the Department of Social Protection, show 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 last week 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 top 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.

Question No. 166 answered with Question No. 157.

Eurobond Scheme

Micheál Martin

Question:

167 Deputy Micheál Martin asked the Minister for Finance if a eurobond scheme has been discussed at EU level; and his views on whether this would address Germany’s concerns and allow the ECB to stabilise the euro. [38476/11]

In November last year, the European Commission published a Green Paper on the feasibility of introducing Stability Bonds. The paper analyses the potential benefits and challenges of a number of approaches to common sovereign debt issuance among euro area Member States. In terms of process, the Commission is expected to indicate its views on the best way forward in mid-February, on the basis of the public consultation.

While there are potentially significant benefits attached to common debt issuance, resistance from some Member States is clearly a factor.

In terms of the stabilising role of the ECB, I would highlight the key role that the ECB is already playing in addressing the crisis. For instance, it is important to note the positive impact of measures announced in December to support bank lending and liquidity in the euro area money market. In addition, secondary market purchases of the sovereign debt of vulnerable euro area Member States under the Securities Markets Programme have had a beneficial impact.

European Council Meetings

Micheál Martin

Question:

168 Deputy Micheál Martin asked the Minister for Finance his views on whether the new EU intergovernmental agreement or fiscal compact will have any impact on the IFSC and its ability to do business in an effective and responsible manner; and if he will make a statement on the matter. [1934/12]

Micheál Martin

Question:

173 Deputy Micheál Martin asked the Minister for Finance if he has made an assessment of whether the withdrawal of Britain from the EU intergovernmental agreement will affect the IFSC; and if he will make a statement on the matter. [1924/12]

I propose to take Questions Nos. 168 and 173 together.

As of the European Council meeting last night, 25 of the 27 EU Member States signed up to an intergovernmental agreement. The intention is to have the agreement signed in March.

In these negotiations the Government at all times sought to protect Ireland's interests and also the jobs in the IFSC. In particular, while it was not mentioned in the agreement, the Government's position is clear on the introduction of a Financial Transactions Tax. We do not agree to such a tax being introduced except at a global level or at least by all 27 Member States of the European Union including the United Kingdom. The Taoiseach reiterated this view during the recent British-Irish Council meeting in Dublin.

I announced in my Budget speech that I intend to introduce a package of measures in the forthcoming Finance Bill to support the continued success of the international financial services industry in Ireland. The sector employs more than 30,000 people and contributes over €1 billion in tax to the Exchequer. The Government's commitment to the sector was reaffirmed in the five year strategy for the industry which was launched by the Taoiseach in July last year.

EU-IMF Programme

Micheál Martin

Question:

169 Deputy Micheál Martin asked the Minister for Finance if he met the troika when they were in Dublin recently; and if he will make a statement on the matter. [2325/12]

My colleague, the Minister for Public Expenditure and Reform, Mr. Brendan Howlin T.D., and I met with the EU-IMF delegation during the recent quarterly review of the EU / IMF Programme of Financial Support for Ireland. These meetings were also attended by senior officials from both Departments. A wide range of topics was covered at these meetings, including financial reforms, structural reforms, economic developments and the progress of the Programme.

Tax Collection

Micheál Martin

Question:

170 Deputy Micheál Martin asked the Minister for Finance his views on whether the recent decision of the Revenue Commissioners to write to pensioners was handled correctly; if not, the actions he proposes to take; and if he will make a statement on the matter. [2326/12]

Deputy Martin will be aware that the Chairman of the Revenue Commissioners, at a meeting on 11 January 2012 of the Joint Committee on Finance, Public Expenditure and Reform, explained to the Committee Revenue's approach to using data that the Commissioners received from the DSP on long-term pension payments. The Chairman explained that Revenue's role is to collect the right amount of tax from all taxpayers. Revenue's evaluation of the data supplied by the Department of Social Protection was that, on aggregate, a material amount of additional tax was due from recipients of the relevant DSP pensions and Revenue had a responsibility to the State to secure that tax as quickly as possible. It was further explained that Revenue's primary objective was to put matters right for 2012 and they had very little time to do that. Deferring any action until some time in 2012 would have meant that arrears of tax would have built up for the taxpayers concerned.

I am satisfied that the Revenue Commissioners had to act quickly to ensure that the changes required to secure the additional taxes arising from the exchange of data with the DSP were implemented in time for the start of the 2012 tax year. I am also satisfied that the purpose of sending letters out to different groupings was well intentioned and sought to explain how the inclusion of up-to-date figures from the DSP would affect taxpayers' tax credits and rate bands. The Chairman of the Revenue Commissioners has acknowledged that the letters caused confusion and distress to some people and apologised for any distress. Revenue has and will continue to meet groups representing pensioners to get their views on how best to explain the whole area of the interaction of tax and pensions to their members.

Revenue has a good track record in managing large projects in a sensible way while at the same time collecting the tax that the State needs and I am confident that they will on this occasion also. The response by Revenue staff, in particular the quality of service Revenue staff provided, to the large number of pensioners who contacted them, has been commended by the Joint Committee on Finance, Public Expenditure and Reform.

Economic and Monetary Union

Micheál Martin

Question:

171 Deputy Micheál Martin asked the Minister for Finance his views on whether the recent eurozone reform deal will be sufficient to enable the markets to respond in a positive manner; and if he will make a statement on the matter. [1916/12]

The Treaty on Stability, Coordination and Governance in the Economic and Monetary Union represents a major step forward in terms of economic cooperation in the euro area. The measures contained in the Treaty will go a long way towards addressing many of the root causes of the current crisis, and will ensure much greater fiscal discipline, improved policy co-ordination and convergence, as well as enhanced governance within the euro area. Taken in conjunction with other important reforms, including the so-called ‘six-pack' of legislative reforms, it is clear that shortcomings in the design of monetary union, which have been exposed by the current crisis, are being addressed in an effective manner.

Having said this, it is, of course, impossible to accurately assess the reaction of markets to policy developments, especially at the current juncture.

Question No. 172 answered with Question No. 157.
Question No. 173 answered with Question No. 168.

Proposed Legislation

Catherine Murphy

Question:

174 Deputy Catherine Murphy asked the Minister for Finance his plans to introduce consumer legislation in the area of mortgage rate reductions; the options available to him; the obstacles that require consideration prior to drafting legislation; and if he will make a statement on the matter. [36213/11]

I have no plans to introduce consumer legislation into the area of mortgage rate reductions. In late 2011 the Taoiseach asked for the Central Bank's opinion on recent developments in mortgage interest rates and on possible action by the Central Bank in that regard. In response to the Taoiseach's request, the Deputy Governor wrote to him on 11 November 2011. In his letter the Deputy Governor stated that the Central Bank was not requesting the power to have regulatory control over the setting of retail interest rates given that this could absolve banks of their responsibility to price risk accurately. He indicated that experience of such controls in the past and in other countries, did not encourage the Central Bank to believe that such a regime would be advantageous in net terms as the banking system recovers its normal functioning. Binding controls tend to reduce the availability of credit and channel it to the most creditworthy customers, starving smaller and less secure customers from credit. Binding controls would have a chilling effect on the entry of sound competitors in the market. By absolving banks from their responsibility to price risk accurately, binding interest rate controls would especially during the recovery phase, impede progress towards the re-establishment of bank management practices that can ensure a healthy and free-standing banking system no longer dependent on the Government for bail-outs. In his letter, the Deputy Governor also said that within its existing powers, the Central Bank would continue to engage with specific lenders which appear to have standard variable rates set disproportionate to their cost of funds.

Jobs Initiative

Willie O'Dea

Question:

175 Deputy Willie O’Dea asked the Minister for Finance the proportion of the revenue raised via the pension levy that was used for job creation as promised in the jobs initiative; and if he will make a statement on the matter. [36042/11]

Willie O'Dea

Question:

182 Deputy Willie O’Dea asked the Minister for Finance the proportion of revenue raised via the pension levy that was used for job creation as promised in the jobs initiative; and if he will make a statement on the matter. [4150/12]

I propose to take Questions Nos. 175 and 182 together.

The Jobs Initiative introduced last year brought forward a number of targeted sectoral measures and tax/PRSI changes designed to assist in employment generation, to provide opportunities for those who have lost their jobs and thus generate confidence in the economy. These included a new second reduced VAT rate of 9% aimed primarily at the tourism sector, a halving of the employers PRSI rate until 2013, small amounts of additional current and capital expenditure aimed primarily at ‘shovel-ready' projects and increasing the number of available educational, training and up-skilling places.

In order to fund the various measures, the Government introduced a temporary levy on funded pension schemes and personal pension plans. In 2011 this raised approximately €463 million. Over the 2011-2014 period the Jobs Initiative will be budgetary neutral. It is the case however, that the pension levy was expected to generate a net gain to the Exchequer in 2011 as the yield was expected to more than offset the cost of the other measures introduced. The range of measures outlined in the Jobs Initiative for 2011 were projected to cost approximately €400 million and these with the exception of the Air Travel Tax are being advanced or have already been put in place by the relevant implementing Department or agencies. In July last year, following input from the Minister for Transport, it was decided not to abolish the Air Travel Tax and to revisit the situation this Spring when further negotiations will take place with the airlines.

The Government is currently finalising a comprehensive Action Plan for Jobs which will set out further measures to be taken in 2012 to support job creation. This Action Plan, which complements last year's Jobs Initiative, will be published in the coming weeks.

Unemployment Levels

Peadar Tóibín

Question:

176 Deputy Peadar Tóibín asked the Minister for Finance the target he has set for the total number of unemployed at the end of four years as outlined in the medium-term fiscal statement. [36214/11]

The Deputy will be aware that the budgetary documentation which I provided to the House in December contains more up-to-date forecasts than the medium term fiscal statement. The unemployment rate is projected to fall over the coming years but to remain elevated. For 2015, my Department is forecasting an unemployment rate of 11.6 per cent. This figure is a forecast as opposed to a target. It does not take account of policies which the Government is currently working on, such as the Action Plan on Jobs, which my colleague the Minister for Enterprise, Jobs and Innovation will soon publish. I want to stress that the Government considers the labour market represents its biggest challenge and, accordingly, is giving top priority to job protection, job creation and supporting the unemployed.

Tax Code

Peadar Tóibín

Question:

177 Deputy Peadar Tóibín asked the Minister for Finance if he will detail his Department’s assessment of the effect of the increase in VAT on job creation and retention. [4117/12]

The standard VAT rate was increased in the budget from 21% to 23% as part of a general package of raising revenues measures to contribute to Exchequer funding and is in line with commitments made in the Programme for Government and in the EU/IMF Programme. The €670 million raised by this VAT increase will go some way towards funding other costs in Exchequer spending.

As I said when I addressed the Dáil in December, the Government carefully considered the various options open to us in terms of taxation. One of the key objectives of the Government is to get people back to work. Indirect taxes have a less adverse impact on economic activity and employment, which is why Budget 2012 focused on indirect taxes such as VAT rather than on income tax.

Willie O'Dea

Question:

178 Deputy Willie O’Dea asked the Minister for Finance if he has made progress on the implementation of a single business tax; and if he will make a statement on the matter. [4158/12]

The Deputy will be aware that the Programme for Government is a comprehensive document containing many proposals and commitments. Some, such as the Jobs Initiative, have already been delivered; others will be progressed over the lifetime of this Government. The Programme notes that we will direct the Revenue Commissioners to examine the feasibility of introducing — on a revenue neutral basis — a Single Business Tax for micro enterprises. The Revenue Commissioners are currently engaged in working with my Department on the preparation of the Finance Bill and this must remain a priority. Once this has been delivered it is my intention to have the feasibility of introducing such a tax examined by Revenue.

Unemployment Levels

Peadar Tóibín

Question:

179 Deputy Peadar Tóibín asked the Minister for Finance his assessment of the impact that the scaling back of growth figures for Europe will have on employment levels here. [35949/11]

Obviously as a small open economy whose recovery is being driven by exports, we will be affected by the soft patch that the European economy is currently going through, though competitiveness improvements evidenced in recent years will provide some support. I would also point out that as some of our exports are by their nature quite capital intensive, the impact on employment levels of a slowdown in export growth will be more muted than would otherwise be the case. It is also important to point out that a weakening of activity in our main trading partners is already factored into my Department's forecasts for economic growth and employment that underpin the Budget.

What I would stress is that this Government considers the labour market represents its biggest challenge and, accordingly, is giving top priority to job protection, job creation and supporting the unemployed. In this regard, my colleague the Minister for Enterprise, Jobs and Innovation will soon publish an Action Plan on Jobs.

National Pension Reserve Fund

Peadar Tóibín

Question:

180 Deputy Peadar Tóibín asked the Minister for Finance if he will provide details of any proposals he has developed to access the National Pension Reserve Fund to stimulate economic growth and deliver jobs. [35941/11]

In September 2011 the Government announced the establishment of the New Economy and Recovery Authority (NewERA) within the NTMA and the establishment of the Strategic Investment Fund. NewERA will centralise the management of Government holdings in the commercial semi-state sector (initially the companies within NewERA's remit are ESB, EirGrid, Bord Gáis, Bord na Móna and Coillte) from a shareholder perspective. This role, based on the Shareholder Executive model already established in a number of developed economies, will involve oversight of activities such as capital expenditure plans, corporate strategy, acquisitions and disposals. NewERA is already working closely with the relevant Government departments and companies in this regard. The Shareholder Executive approach is designed to provide the Government with a portfolio view of investment returns from the sector and with a means of assessing the likely impact of commercial developments in the sector on long-term Government investment plans.

NewERA is also charged with assisting the development and implementation of Government plans for investment inenergy, water and next-generation telecommunications with the long-term objective of employment creation and has commenced work with the relevant Government departments in these areas.

The Strategic Investment Fund will, following appropriate legislative changes to the investment policy of the National Pensions Reserve Fund (NPRF), channel commercial investment from the NPRF towards productive investment in the Irish economy. As well as money from the NPRF, the Fund will seek matching commercial investment from private investors and target investment in areas of strategic significance to the future of the Irish economy. It will comprise a series of sub-funds targeted at commercial investment in critical areas of the Irish economy, including infrastructure, venture capital and provision of long-term capital for SMEs. The NPRF will take a lead role in the development and implementation of each sub-fund.

In November 2011, the NPRF announced a commitment of €250 million to a new Irish infrastructure investment fund which is seeking up to €1 billion from institutional investors in Ireland and overseas and which will invest in infrastructure assets in Ireland, including assets designated for disposal by the Government and commercial State enterprises and also new infrastructure projects.

NewERA and the Strategic Investment Fund are important elements in the Government's strategy to promote economic growth and create jobs.

Tax Collection

Peadar Tóibín

Question:

181 Deputy Peadar Tóibín asked the Minister for Finance the cost to the economy in terms of employment of tax evasion and avoidance. [35954/11]

I am advised by the Revenue Commissioners that it is not possible to estimate the cost to the Irish economy in terms of employment due to tax evasion or avoidance. The measurement of the scale of tax evasion, often referred to as the shadow economy, is inherently difficult given the nature of the problem. There is no one internationally recognised and agreed measure, nor are there agreed measures to estimate the consequent cost to employment of the shadow economy. There is no doubt that shadow economy activity and aggressive tax avoidance create distortions in the economy and competitive disadvantages for compliant businesses. For these reasons, Revenue focuses on deterring shadow economy activity and non-compliance through its audit and investigation programmes based on risk analysis, use of Revenue powers and their intelligence and information systems.

Revenue fully recognises the need to tackle tax evasion in all its forms, and consequently has an increased focus on sectors that have the potential to operate using cash. Last year Revenue carried out 11,066 audits resulting in a yield of €440.46 million.

Revenue continues to identify and challenge aggressive tax avoidance schemes and unintended use of legislation that threaten tax yields and the perceived fairness of the tax system. In general, tax avoidance is tackled by reviewing and amending legislation where there are perceived loopholes and by challenging individual cases. The introduction of a Mandatory Disclosure Regime in January 2011, which placed obligations on Promoters of certain tax-avoidance transactions to disclose them to Revenue, is designed to act as an "early warning system" to help tackle such schemes.

Question No. 182 answered with Question No. 175.

Credit Availability

Willie O'Dea

Question:

183 Deputy Willie O’Dea asked the Minister for Finance the change in the amount of credit made available to small businesses in 2011 compared to 2010; and if he will make a statement on the matter. [4163/12]

As the Deputy is aware the Central Bank gathers and collates statistics on a wide range of Financial Services Sector activities on an on-going basis. As a general rule, my Department does not engage in a separate exercise to collect such statistics, but has access to and relies on statistics provided and published by the Central Bank. Data provided by the Central Bank indicates that the drawdown of new lending by non-financial SMEs from credit institutions in Ireland was €2.3 billion in the first 9 months of 2011. Figures for the equivalent period in 2010 show drawdowns of €2 billion. Excluding SMEs in the property related sectors these figures show drawdowns of new lending of €1.6 billion in the first 9 months of 2011, roughly equal to amounts drawn down in the first 9 months of 2010. Figures are not yet available for Q4 of 2011. For the Deputy's information, the relevant statistics for credit made available to small business are accessible at: http://www.centralbank.ie/polstats/stats/cmab/Documents/ie_Table_A.14.1_Credit_Advanced _to_Irish_Resident_Small_and_Medium_Sized_Enterprises.xls

The Deputy should also be aware that 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. This lending capacity is incorporated into the banks' deleveraging plans which allow for repayment of Central Bank funding through asset run-off and disposals over the period to 2013.

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. Both have indicated that they have achieved their 2011 targets.

Tax Code

Derek Keating

Question:

184 Deputy Derek Keating asked the Minister for Finance if he will consider the proposals made recently that the two-colour diesel fuel system be abolished and that a rebate system for tax-compliant hauliers on diesel fuel be introduced to replace the current practice; and if he will make a statement on the matter. [5517/12]

The Deputy's question envisages a movement away from the current system of marking of oil to which a reduced rate of tax applies to one in which certain users would be given refunds of part of the mineral oil tax paid by them in respect of fuel used for non-auto purposes. This would, however, involve the establishment of an extensive repayments system, which would give rise to a significant administrative burden and costs for oil traders, users and Revenue, as well as posing significant cash-flow costs for those who currently use marked oil. Moreover, repayment systems are vulnerable to abuse and would be likely to be targeted by criminal elements such as those currently involved in oil laundering. It has to be borne in mind also that, even if there were a move to a repayments system, those involved would still have the possibility of sourcing UK marked oil for laundering. A move away from marking could only be considered, therefore, if the UK were to do likewise. For those reasons, it is not clear that a repayment system would be less susceptible to fraud. The intention, therefore, is to ensure that controls relating to the sale and distribution of oils, and enforcement action for combating laundering, are as effective as possible.

Recognition of Qualifications

Terence Flanagan

Question:

185 Deputy Terence Flanagan asked the Minister for Education and Skills the position regarding a trade test (details supplied); and if he will make a statement on the matter. [5118/12]

I have outlined below the situation in relation to the Recognition of Foreign Qualifications Abroad and the Recognition of Foreign Qualifications in Ireland.

Recognition of Foreign Qualifications Abroad

Individuals who wish to have their Irish qualification recognised abroad must submit their qualifications to the regulatory authorities in the relevant jurisdiction, and comply with the recognition requirements.

Recognition of Foreign Qualifications in Ireland

Individuals with Foreign trade qualifications must submit their qualification to the NQAI who will compare the foreign qualification to a qualification that is placed at a particular level on the Irish National Framework of Qualifications.

The Irish Trade qualifications for craft-worker status have been placed on the Irish Framework of Qualifications at FETAC level 6 Advanced Certificate-craft.

Individuals with trade specific international qualifications which have been ratified as lower than the FETAC Level 6 Advanced Certificate Craft, and who wish to attain a FETAC Level 6 Advanced Certificate Craft through the Irish apprenticeship structure, must comply with the following:

The person must be registered as an apprentice by a FÁS approved employer.

Submit a copy of the trade specific qualifications and a copy of the statement of equivalence from the NQAI, with an application for exemptions with portfolio of evidence.

Exemptions are determined by FÁS and notified to the applicant.

Exemptions are only granted up to Phase 5, and applicants must undertake the Phase 6 Practical and Theory examinations and complete Phase 7 with competency assessments with the FÁS approved employer.

Successful applicants are Awarded the FETAC Level 6 Advanced Certificate-Craft.

However, in some professions you do not need to have completed an apprenticeship to be allowed to work. Motor Mechanic would be an example. As it is not a regulated profession it is a matter for each employer to specify the qualifications of the individual to meet standards and regulations. A full list of regulated professions in Ireland is included in schedule 1 to the Recognition of Professional Qualifications (Directive 2005/36/EC) Regulations, 2008 and relevant authorities have processes in place for evaluating and recognising relevant qualifications and experience gained abroad for the purposes of allowing access to those professions.

FÁS Training Programmes

Brendan Griffin

Question:

186 Deputy Brendan Griffin asked the Minister for Education and Skills the amount paid by the Exchequer in respect of Safe Pass courses per annum; if he is satisfied that the delivery of these courses is meeting the standards required and represents value for money; and if he will make a statement on the matter. [5208/12]

The Safe Pass programme administration, monitoring and tutor training are based on a self -financing model. The income from the production of the Safe Pass card is set against the activities required to administer the system and the system is therefore cost neutral.

Safe Pass Courses are developed and reviewed in conjunction with employers and other relevant stakeholders to ensure the content is up-to-date and keeps abreast of changes in safety legislation, developing best practice in safe behaviour on site, and the changing profile of the workforce in the construction industry. FÁS also carries out monitoring of privately provided courses to ensure that the courses meet industry standards.

School Curriculum

Bernard J. Durkan

Question:

187 Deputy Bernard J. Durkan asked the Minister for Education and Skills the extent to which he and his Department have engaged in promotion of the arts through the education system, with particular reference to primary and second level schools; and if he will make a statement on the matter. [5588/12]

Arts education (visual arts, music and drama) is one of the seven curriculum areas that comprise the primary curriculum, which was revised in 1999. Therefore all primary school children have access to an arts programme.

At second level there are approved syllabuses for Junior Certificate in Music and Art, Craft and Design. In the senior cycle there are syllabuses in Music and Art. Modules in the Arts are also available as part of the Leaving Certificate Applied. In the Transition Year programme, schools offer a variety of modules which stimulate pupils' interest in the Arts in general and which, in many cases, give them the opportunity to interact with practising artists in their own classrooms and in other contexts.

In addition to supporting curricular provision for the arts at primary and second level, my Department aids the arts through the provision of some 68,000 teaching hours to a number of schools of music operated by VECs and through co-operation (teaching) hours to VECs which support work with other institutions. In addition, two Music Education Partnerships are funded in Donegal and Dublin City VECs.

A further initiative in Music for young people of school age has been launched by Music Generation, a subsidiary company of Music Network, supported by donations from U2 and the Ireland Funds. The programme is aimed at providing access to vocal and instrumental music education for children and young people.

The Artists in School Guidelines, developed jointly by the Arts Council and my Department, and issued to all schools in 2006, are an important resource in informing schools of how best to plan, implement and evaluate partnerships with local artists and organisations which will provide stimulating and interesting learning experiences for children.

School Staffing

Michael McCarthy

Question:

188 Deputy Michael McCarthy asked the Minister for Education and Skills if he will clarify the current teacher allocation arrangements and enrolment requirements for a school (details supplied) in County Cork; if the school will face cuts in teaching posts due to budgetary adjustments; and if he will make a statement on the matter. [4782/12]

Michael McCarthy

Question:

242 Deputy Michael McCarthy asked the Minister for Education and Skills the position regarding a school (details supplied) in County Cork; if it is set to lose any teachers under recent budgetary adjustments; and if he will make a statement on the matter. [5505/12]

I propose to take Questions Nos. 188 and 242 together.

The Statistics Section of my Department's website contains extensive data at individual school level in county order. The most recent information available relates to the 2010/2011 school year. Statistical information in respect of the current school year is currently being compiled in my Department and is due for publication in September 2012.

The criteria used for the allocation of teachers to schools are 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.

Disadvantaged Status

Mattie McGrath

Question:

189 Deputy Mattie McGrath asked the Minister for Education and Skills the position regarding the review of all disadvantaged schools; his views on the fact that disadvantage exists outside the larger cities; if he will ensure that DEIS band 1 schools in towns such as Clonmel, County Tipperary, will be given the same treatment as DEIS band 1 in the cities; and if he will make a statement on the matter. [4799/12]

DEIS (Delivering Equality of Opportunity in Schools) provides for a standardised system for identifying levels of disadvantage and an integrated School Support Programme (SSP). Schools in the programme include both urban and rural primary schools and post-primary schools. Urban primary schools are categorised as serving areas with a population greater than 1,500, while the rural dimension serves areas with a population of less than 1,500. Primary schools in the town referred to by they Deputy are considered urban.

Measures under Budget 2012 relate to the withdrawal of certain posts under older disadvantage schemes that pre-date DEIS. Some urban primary schools have been adversely affected by these measures, as they retained teaching resources to implement more favourable class sizes from a number of previous disadvantaged schemes.

I announced in the House on 11th January that my Department is to report to me within four weeks on the impact of the withdrawal of posts under these older schemes on DEIS Band 1 and Band 2 primary schools only. The report will take account of the net effect of a range of factors on teacher allocations in these schools, for example increasing and decreasing enrolments and the reforms to the existing teacher allocations process, all of which will determine the staffing requirement for these schools for 2012/13 school year.

It is only when this report is made available to me that I will be in a position to make a decision on the final outcome for the individual schools involved and finalise and publish the staffing schedules for 2012/2013.

Pupil-Teacher Ratio

Joe Higgins

Question:

190 Deputy Joe Higgins asked the Minister for Education and Skills the number of teaching posts that will be lost nationally by the inclusion of guidance counsellors in schools’ teaching allocations. [4806/12]

Joe Higgins

Question:

191 Deputy Joe Higgins asked the Minister for Education and Skills if he will reverse changes to the teacher-pupil ratio regarding guidance counsellor teachers, in view of the damaging effect this will have on counselling services for pupils and in terms of loss of teachers in schools. [4807/12]

I propose to take Questions Nos. 190 and 191 together.

I fully acknowledge that the reduction in resources to second level schools will be challenging for schools. However, the change must be seen in the context of the major challenges we have as a Government in trying to shelter public services to the greatest extent that we can in these exceptional times. The net impact on overall teacher numbers in our schools has been minimised to the greatest extent possible. In the budget announcement for education I made clear that the net impact of the measures relating to second level schools for the school year commencing next September would, after taking account of demographics amount to about 450 posts.

Schools will have autonomy on how best to prioritise its available resources to meet its requirements in relation to guidance and the provision of an appropriate range of subjects to its students. Decisions on how this is done will be taken at school level and I am confident that schools will act in the best interest of students when determining precisely how to use the teaching resources available to them.

I have also provided for the filling of 300 Assistant Principal posts in second-level schools over the level originally planned. This will ensure that schools have sufficient management positions to ensure appropriate supports are available for all students. A key priority for me is to continue to prioritise and target available funding at schools with the most concentrated levels of educational disadvantage. All 195 second-level school in DEIS, including the school referred to by the Deputy, will be given targeted support by a more favourable staffing schedule of 18.25:1. This is a 0.75 point reduction compared to the existing PTR of 19:1 that applies in non-fee-paying second-level schools.

My Department will be notifying schools in the coming weeks of the new staffing arrangements for 2012/13 school year.

Capitation Grants

Patrick Nulty

Question:

192 Deputy Patrick Nulty asked the Minister for Education and Skills the amount of the annual capitation grant for each primary and post-primary school in Dublin 15 in 2012 and also in 2008, 2009, 2010 and 2011; and if he will make a statement on the matter. [4834/12]

My Department provides capitation funding to all recognised primary schools and post primary schools within the free education system. I am unable at this time to provide the Deputy with precise details of funding that will be provided in 2012 because the verification process in respect of enrolment data is not yet complete.

Details of the funding provided from 2008 to 2011 to the primary schools and the community and comprehensive schools in Dublin 15 is set out in the table below. Budget 2011 provided for a general reduction of 2% in per capita and related grants. At primary level this will mean a reduction of €7 per pupil in capitation rates, with a similar reduction in enhanced capitation rates for special schools and special classes. The ancillary and book grants remain unchanged.

The funding arrangements made by my Department for post primary schools reflect the sectoral division of our second-level system. At the core of all arrangements is reliance upon capitation as the principal determinant of funding.

My Department provides funding to three Community and Comprehensive schools on a budget basis that is based mainly on pupil numbers, but also take into account additional factors which vary from school to school such as age of buildings, size of school, etc.

With regard to the VEC sector financial allocations are made to VECs as part of a block grant. VECs are given a high level of autonomy in the management and appropriation of this grant and each is allowed to distribute its allocations in line with its priorities and perceptions of need. Accordingly, my Department does not have available to it a details of the distribution of funds by County Dublin VEC to the second level schools it manages in Dublin 15.

My Department provides funding to voluntary secondary schools by way of per capita grants. There will be a reduction of €11 in the capitation rate for voluntary secondary schools in 2012. All other per capita grants remain unchanged. Castleknock College is a fee charging school in Dublin 15, and therefore does not receive current funding from my Department. A proportionate reduction will be applied to funding allocations to the Community and Comprehensive School and the VEC sectors.

SCH_NO

School Name

2008 Financial yr

2009 Financial yr

2010 Financial yr

2011 Financial yr

00697S

ST BRIGIDS MXD N S

€140,383.28

€162,302

€165,620

€165,192

16675V

MULHUDDART NS

€28,293.54

€39,800

€48,600

€51,870

18046A

SCOIL BRIDE B

€45,636.38

€58,646

€59,364

€49,590

18047C

SCOIL BRIDE C

€55,515.28

€69,328

€65,128

€58,941

18623M

SCOIL NAISUNTA CHNUACHA

€31,417.98

€36,600

€37,000

€34,960

18778S

S N NAOMH MOCHTA

€126,439.14

€146,928

€156,928

€154,398

19435Q

ST FRANCIS XAVIER J N S

€67,733.34

€83,820

€81,374

€81,282

19470S

ST FRANCIS XAVIER SENIOR N S

€69,598.40

€74,938

€69,974

€71,802

19505L

SN OILIBHEIR

€46,360.01

€59,503

€59,503

€56,366

19601H

ST PHILIP THE APOSTLE JUNIOR N S

€50,466.30

€58,446

€59,682

€56,050

19605P

SCOIL NAIS MHUIRE SOIS

€47,862.60

€52,964

€55,210

€51,536

19630O

WARRENSTOWN HSE SP SCH

€10,414.80

€12,000

€12,000

€11,400

19636D

ST PATRICKS SENIOR SCHOOL

€58,706.86

€67,172

€67,028

€63,215

19643A

ST PHILIPS SENIOR N S

€58,337.70

€62,210

€62,410

€58,674

19644C

ST CIARANS N S

€126,192.66

€149,400

€150,200

€148,580

19694R

SCOIL MHUIRE SIN

€54,436.52

€57,156

€55,328

€54,042

19755L

SACRED HEART N S

€155,524.78

€180,102

€180,548

€167,400

19769W

SCOIL THOMAIS

€117,166.50

€129,600

€133,200

€127,300

19850F

LADYSWELL N S

€96,657.04

€121,947

€126,056

€121,009

20098I

CASTLEKNOCK EDUCATE TOGETHER NS

€72,035.70

€84,400

€100,846

€92,756

20130B

ST PATRICKS NS

€104,495.16

€136,800

€148,000

€139,650

20137P

MARY MOTHER OF HOPE SENIOR NS

€121,158.84

€97,720

€72,800

€76,000

20186F

CASTAHEANY EDUCATE TOGETHER NS

€58,621.66

€72,020

€77,574

€78,742

20241K

SCOIL CHOILM COMMUNITY NATIONAL SCHOOL

€129,438

€205,528

€313,748

€226,902

20247W

SCOIL GRAINNE COMMUNITY NS

€5,357

€212,610

€235,876

€259,256

20231H

ST BENEDICTS NATIONAL SCHOOL

€206,556

€309,702

€206,347

€234,520

20201V

TYRRELSTOWN EDUCATE TOGETHER NATIONAL SCHOOL

€235,876

€259,256

€248,846

€150,374

20309S

MARY MOTHER OF HOPE JUNIOR NATIONAL SCHOOL

n/a

€226,902

€220,800

€391,322

Total

€2,320,681.87

€3,227,799.96

€3,269,989.96

€3,233,129.36

91315O

Coolmine Community Sch.

€564,532

€582,611

€585,403

€571,282

91316Q

Blakestown Community Sch.

€370,513

€381,997

€354,861

€365,206

91339F

Hartstown Community Sch.

€509,907

€528,824

€532,719

€525,230

Total

€1,444,952

€1,493,432

€1,472,983

€1,461,718

Pupil-Teacher Ratio

Patrick Nulty

Question:

193 Deputy Patrick Nulty asked the Minister for Education and Skills the pupil-teacher ratio for each DEIS school in Dublin 15 in 2012; if he will outline all changes in staffing arrangements for these schools between 2011 and 2012; and if he will make a statement on the matter. [4835/12]

I announced in the House on 11 January that my Department is to report to me within four weeks on the impact of the withdrawal of posts under these older schemes on DEIS Band 1 and Band 2 primary schools only.

This report will detail the facts for each individual school affected by this measure, applying the most up to date enrolments for September 2011. In addition, the report will take account of the net effect of a range of factors on teacher allocations in these schools, for example increasing and decreasing enrolments and the reforms to the existing teacher allocations process, all of which will determine the staffing requirement for these schools for 2012/13 school year.

It is only when this report is made available to me that I will be in a position to make a decision on the final outcome for the individual schools involved and finalise and publish the staffing schedules for 2012/2013.

Disadvantaged Status

Dara Murphy

Question:

194 Deputy Dara Murphy asked the Minister for Education and Skills the procedures and requirements for a primary school to achieve DEIS status; the proposed changes he intends to make to the scheme; and if he will make a statement on the matter. [4846/12]

The process of identifying schools for participation in DEIS in 2005 was managed by the Educational Research Centre (ERC) on behalf of my Department and supported by quality assurance work co-ordinated through the Department's regional offices and the Inspectorate.

In the primary sector, the identification process was based on a survey carried out by the ERC. The analysis of the survey returns from primary schools by the ERC identified the socio-economic variables that collectively best predict achievement, and these variables were then used to identify schools for participation in DEIS. Furthermore, an appeal mechanism was put in place in 2006 to address the concerns of schools that did not qualify for inclusion in DEIS but regarded themselves as having a level of disadvantage which was of a scale sufficient to warrant their inclusion in the programme.

An ongoing evaluation of DEIS has been underway since the rollout of supports commenced in 2006. My Department commissioned the Educational Research Centre to undertake this evaluation, the aim of which is to monitor the implementation of the programme and assess its impact on students and schools at primary and post primary levels.

In addition, the Inspectorate of my Department conducted evaluations of planning in a sample of 36 DEIS schools, 18 primary and 18 post-primary. A national composite report on the effectiveness of DEIS planning in primary and post-primary schools has been completed and this report along with the ERC report have been published.

My Department will fully consider these evaluation reports before any decisions can be made regarding the future of DEIS. While a key priority for me is to continue to prioritise and target resources at schools with the most concentrated levels of educational disadvantage, the current economic climate and the challenge to meet significant targets on reducing public expenditure limits opportunities and means that there is no capacity to provide for additionality to the DEIS programme.

School Transport

Billy Kelleher

Question:

195 Deputy Billy Kelleher asked the Minister for Education and Skills if the school bus programmes that serve schools (details supplied) in County Cork will be affected by cutbacks; and if he will make a statement on the matter. [4849/12]

Under the terms of my Department's School Transport Scheme children are eligible for transport where they:

have special educational needs arising from a diagnosed disability in accordance with the designation of high and low incidence disability set out in Department of Education and Skill's (DES) Circular 02/05 and

are attending the nearest recognised: mainstream school, special class/special school or a unit, that is or can be resourced, to meet their special educational needs.

There are no plans to change the terms of this scheme and school transport or grant assistance will continue to be provided for eligible children.

School Staffing

Gerry Adams

Question:

196 Deputy Gerry Adams asked the Minister for Education and Skills the steps he has taken to prepare for the likely disruption caused to schools by 1,600 primary and secondary teachers leaving the education service in February to avail of pension arrangements; and if he will make a statement on the matter. [4851/12]

Teachers who planned to retire before the end of February were required to give 3 months' notice of their intention to retire in order to ensure that schools were aware of potential staffing difficulties. While the minimum notice period was 3 calendar months, school management were advised to seek the cooperation of staff in giving the earliest possible notice of their intention to retire in order to facilitate resource planning and timetabling. In recognition of the additional pressure of students facing state examinations, and the concerns of teachers who wish to ensure continuity of support for these children I have made provision, for this year only, to reduce disruption to students undertaking examinations in June. This is in the form of alleviation measures allowing post-primary schools to re-employ teachers who retire between 1 December 2011 and 29 February 2012 and who, immediately before their retirement, have been teaching students preparing to sit the Junior or Leaving Certificate examinations in 2012.

These teachers may be re-employed until the summer holidays for the teaching duties for which they were timetabled immediately before their retirement. Where a teacher's pre-retirement duties included both teaching and non-teaching duties, such as in the case of an Assistant Principal or Deputy Principal, the teacher may be re-employed for his or her teaching hours only.

I am aware that there are a large number of qualified and registered teachers who are unable to source work at the current time. I am also very alive to the pressures our young people are under to perform well in their State exams. I believe that the approach being adopted strikes the right balance between the needs of students who face into significant examinations, the retiring teachers who have invested a huge amount of time and effort in preparing students for their examinations and those teachers who are looking forward to the opportunities presented by the increased level of retirements at a time of constrained resources. Vacancies left by retiring primary and post-primary teachers of non-exam classes may be filled in a temporary capacity for the remainder of the school year in accordance with the existing recruitment procedures. I am confident that the large pool of qualified and registered teachers will be in a position to continue to provide high quality education to students.

Gerry Adams

Question:

197 Deputy Gerry Adams asked the Minister for Education and Skills the number of vacancies that will be created in schools in County Louth by primary and secondary teachers leaving the education service in February to avail of pension entitlements; and if he will make a statement on the matter. [4852/12]

Michelle Mulherin

Question:

228 Deputy Michelle Mulherin asked the Minister for Education and Skills the plans he has to lift the ban on recruitment of front-line staff in education and in particular the scenario or circumstances that will prompt him to so act. [5167/12]

I propose to take Questions Nos. 197 and 228 together.

The information requested by the Deputy in relation to vacancies is not readily available in my Department.

At the outset, I want to be very clear that vacancies created in the teaching profession by the forthcoming wave of public sector retirements up to February 29th 2012 will be filled. Students and pupils will not be left without teachers to teach them as a result of retirements. Furthermore, the turnover in teaching staff will provide many newly qualified teachers with opportunities to gain employment. The filling of vacancies in individual schools will be addressed by Boards of Management at school level. I am also seeking to reduce the impact of these retirements on students preparing for the State examinations. I am allowing schools to re-employ teachers who retire between 1 December 2011 and 29 February 2012, and who had been teaching classes due to sit State exams in 2012, until the end of the school year. In the case of teachers who are not teaching exam classes, replacements can be employed until the end of the school year, subject to the numbers framework.

The information available to the Pensions Unit of my Department in relation to projected retirements nationally from 1 January 2012 to 29 February 2012 are of the order of 729 Primary teachers, 507 Secondary/Community and Comprehensive School teachers and 220 Vocational teachers. A county by county breakdown of these figures is not readily available.

A key part of the Government's overall budgetary strategy is a requirement to reduce the public sector payroll. This will continue to be the case until we close the gap between what we spend as a country and what we take in through taxes. Given that one third of all public sector employees work in the Education sector it is simply not possible to completely exempt staffing levels in education from the Government's need to reduce expenditure.

The Government has prioritised, as best as possible, the filling of front-line posts in the Education sector within the constraints of the Employment Control Framework. For example, schools are permitted to fill teaching vacancies that arise within their approved staffing allocations.

Psychological Service

Jack Wall

Question:

198 Deputy Jack Wall asked the Minister for Education and Skills the position regarding an application for assessment in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [4870/12]

I can inform the Deputy that all primary and post primary schools have access to psychological assessments either directly through the National Educational Psychological Service (NEPS), or through the Scheme for Commissioning Psychological Assessments (SCPA), full details of which are on the Department's website. Where a NEPS psychologist is not assigned to a school, authorities therein may access psychological assessments through SCPA. Under this scheme schools can have an assessment carried out by a member of the panel of private psychologists approved by NEPS, and NEPS will pay the psychologist the fees for this assessment directly.

It should also be noted that in common with many other psychological services, NEPS encourages a staged assessment process, whereby each school takes responsibility for a pupil's initial assessment, educational planning and remedial intervention in consultation with their assigned NEPS psychologist. Only if there is a failure to make reasonable progress in spite of the school's best efforts, will a child be referred for individual psychological assessment. It is the responsibility of the school Principal in the first instance to identify and prioritise pupils for assessment under the process described above.

I have made enquiries in relation to the child detailed in the question and understand that he was the subject of an educational psychological assessment through NEPS in the past year. Should his parents have any concerns or queries in regard to the results of this process I would advise that they communicate them to the Principal of the school involved. The NEPS psychologist currently assigned to Levistown N.S. is available to provide any assistance or clarification to them in this connection.

Irish Language

Gerry Adams

Question:

199 Deputy Gerry Adams asked the Minister for Education and Skills if he is satisfied that there are sufficient education resources in Irish for the purposes of the social, personal and health education programme; and if he will make a statement on the matter. [4884/12]

Substantial progress has been made in the provision of textbooks and resources specifically for use in Gaeltacht and other all-Irish schools since An Chomhairle um Oideachas Gaeltachta agus Gaelscolaíochta was set up in 2002. An Chomhairle was established to co-ordinate the provision of textbooks and aids to support Irish, to advise on policies relating to Irish in schools generally and in all-Irish and Gaeltacht schools, to provide support services through the medium of Irish and to undertake research in this area.

An Chomhairle works closely with An Gúm and other agencies to address the deficit in Irish medium resources and materials. It has published an extensive resource directory on its website (www.cogg.ie) on materials and resources now available to support the teaching of Irish in the curriculum, and the teaching of other subjects through Irish, across primary and post primary schools. These resources will be expanded progressively over time. A complete list of Teaching Aids and Resources has also been sent to Gaeltacht schools and Gaelscoileanna, and a mobile library van provides demonstrations to schools of the resources available.

The following publications are available in English and Irish on SPHE:

All syllabuses, guidelines and circulars on my Department's website: www.education.ie.

Software, teaching materials and textbooks promoted by COGG: www.cogg.ie.

TRUST — RSE Senior Cycle Resource (publicised through the SPHE website www.sphe.ie).

In addition, an Irish version of the resource b4udecide.ie, a Relationships and Sexuality Education Resource Materials produced for Teachers and Youth Workers by the Crisis Pregnancy Agency (www.crisispregnancy.ie) will be sent to Irish-medium schools shortly.

Departmental Surveys

Peter Mathews

Question:

200 Deputy Peter Mathews asked the Minister for Education and Skills, further to Parliamentary Question No. 113 of 13 December 2011, if this specific analysis has commenced yet; when he expects this analysis to be completed for a school (details supplied) in Dublin 16; and if he will make a statement on the matter. [4888/12]

My officials have written to each of the 55 fee-charging schools requesting details of tuition fees charged for the academic year 2011/12. The schools were requested to provide this information to my Department by Friday last, 27th January.

A number of schools have not responded to date. My officials have again written to those schools yet to supply the information, asking for a prompt reply.

Once the information is received in respect of each school, including the school referred to by the Deputy, my officials will commence the work of analysing the position. My Department has undertaken to share the results of the analysis with and to provide each school with an opportunity to present any pertinent information or make any observations pertaining to their own particular situation.

Special Educational Needs

Áine Collins

Question:

201 Deputy Áine Collins asked the Minister for Education and Skills if he will appoint a special needs assistant to a person (details supplied) in County Cork. [4891/12]

The Deputy will be aware that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating resource teachers and Special Needs Assistants (SNAs) to schools to support children with special educational needs. The NCSE operates within my Department's criteria in allocating such support. This now includes a requirement for the NCSE to have regard to an overall cap on the number of SNA posts.

The NCSE has now advised all mainstream schools, including the school referred to by the Deputy, of their SNA allocation for the current school year, taking into account the care needs of qualifying pupils attending the school. The NCSE recently published statistical information on SNA allocations on a county by county and school by school basis on its website www.ncse.ie.

I have arranged for Deputy's question regarding an individual application for SNA support to be forwarded to the NCSE for their attention and direct reply.

Micheál Martin

Question:

202 Deputy Micheál Martin asked the Minister for Education and Skills if a school (details supplied) in County Westmeath will retain all of its special needs assistant posts this year; and if he will make a statement on the matter. [4895/12]

The Deputy will be aware that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs) for allocating resource teachers and Special Needs Assistants (SNAs) to schools to support children with special educational needs. The NCSE operates within my Department's criteria in allocating such support. This now includes a requirement for the NCSE to have regard to an overall cap on the number of SNA posts.

The NCSE has advised all mainstream schools, including the school referred to by the Deputy, of their SNA allocation for the current school year, taking into account the care needs of qualifying pupils attending the school. The NCSE recently published statistical information on SNA allocations on a county by county and school by school basis on its website www.ncse.ie.

The Deputy will also be aware that Special Needs Assistants (SNAs) are recruited specifically to assist in the care of pupils with disabilities in an educational context. SNA allocations are not permanent as the level of SNA support allocated to a school may be increased or decreased as pupils who qualify for SNA support enrol or leave a school or where a child's care needs may have diminished over time. The allocation of SNAs in each school can therefore alter from year to year.

Schools will be invited to make applications to the NCSE for SNA support for the 2012/13 school year by 16th March, 2012 and will subsequently be advised of their allocation for the next school year, based on the number of valid applications received and the extent of the care needs of qualifying children.

Higher Education Grants

Jack Wall

Question:

203 Deputy Jack Wall asked the Minister for Education and Skills the reasons a person (details supplied) in County Kildare is referred to a county vocational education committee outside the county in which they are resident to make their grant application; and if he will make a statement on the matter. [4902/12]

Grant applicants should generally apply to the local authority or VEC in the area where they are normally resident. However, where a student has previously been in receipt of a student grant, they should re-apply to the grant awarding authority that previously processed their student grant application. Regardless of what grant awarding authority a student applies to, he/she will still be assessed in accordance with the terms and conditions of the relevant student grant scheme.

Schools Building Projects

Peadar Tóibín

Question:

204 Deputy Peadar Tóibín asked the Minister for Education and Skills if a school (details supplied) in County Meath will be included in the capital funding programme 2012 to 2016. [4956/12]

A Master Plan for the site on which the proposed school, referred to by the Deputy, is to be constructed is currently being finalised. The production of the Master Plan is the first step in the process for the delivery of a primary, post primary and special school on the site. My Department is due to meet with the Local Authority in early February to discuss the Plan. The outcome of the meeting will influence the delivery dates for all schools to be constructed on the site.

As the Deputy is aware, I have previously committed to publishing shortly a five year plan outlining the school building projects to be constructed in that time.

Willie Penrose

Question:

205 Deputy Willie Penrose asked the Minister for Education and Skills if he will confirm having received an application for additional permanent accommodation for a school (details supplied) in County Westmeath, which is in need of same due to the significant rise in pupil numbers at the school and the continuing projected increase of such numbers; if same will now be facilitated in the capital programme; and if he will make a statement on the matter. [4965/12]

The school to which the Deputy refers has recently submitted an application for capital funding to my Department. The application will be considered and a decision will be conveyed to the school authority as soon as this process has been completed.

Higher Education Grants

Willie Penrose

Question:

206 Deputy Willie Penrose asked the Minister for Education and Skills if, in the context in which a person has rental income from property that is let, but has significant interest associated with the said property, which consumes all of the rental income available and more, the person is entitled to have the said interest associated with the said rental income calculated in the assessment of eligibility for higher education grant purposes; and if he will make a statement on the matter. [4966/12]

The decision on eligibility for a student grant is a matter for the relevant grant awarding authority.

Reckonable income for student grants purposes is gross income from all sources. Therefore, the assessing authorities use the profit or loss as shown by the statement of rental income and no allowance is made for the interest associated with rental income. The Deputy will appreciate that in the absence of all of the relevant details that would be contained in an individual's application form and supporting documentation, it would not be possible for me to say whether or not a student should qualify for a grant. However, an applicant may appeal the decision of the grant awarding authority to its appeals officer. Where the appeals officer decides to reject the appeal, the applicant may appeal this decision to my Department or the independent appeals board, as appropriate.

School Staffing

Michael McCarthy

Question:

207 Deputy Michael McCarthy asked the Minister for Education and Skills if, in the context of the review of learning support teachers due to be published shortly, he will consider basing one learning support teacher, LST, in a school (details supplied) in County Cork, in view of the fact that it shares an LST with two other schools; the likelihood that another LST will be allocated to the three schools shortly; and if he will make a statement on the matter. [4968/12]

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 5-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.

Michael McCarthy

Question:

208 Deputy Michael McCarthy asked the Minister for Education and Skills if he will consider allowing a school (details supplied) in County Cork to retain a teaching post in view of the fact that it is shortly due to absorb a pupil which will bring it to the required 51-pupil threshold and given its DEIS band 2 status; and if he will make a statement on the matter. [4969/12]

Michael Lowry

Question:

219 Deputy Michael Lowry asked the Minister for Education and Skills if he will provide information on the number of teaching posts that will be lost in smaller schools — schools with fewer than four teachers — in counties Tipperary and Offaly, separately, for the next academic year 2012-2013; the number of schools affected; and if he will make a statement on the matter. [5083/12]

Brendan Smith

Question:

245 Deputy Brendan Smith asked the Minister for Education and Skills the number of posts that will be lost in each county from September this year as a result of changes to staffing schedules in one, two, three and four-teacher schools; and if he will make a statement on the matter. [5601/12]

Brendan Smith

Question:

246 Deputy Brendan Smith asked the Minister for Education and Skills the number of schools that will be affected in each county from September this year as a result of changes to staffing schedules of one, two, three and four-teacher schools; and if he will make a statement on the matter. [5602/12]

Brendan Smith

Question:

247 Deputy Brendan Smith asked the Minister for Education and Skills the number of schools that face closure from September this year as a result of changes to staffing schedules in one, two, three and four-teacher schools; and if he will make a statement on the matter. [5603/12]

Brendan Smith

Question:

248 Deputy Brendan Smith asked the Minister for Education and Skills the number of pupils that will be affected from September of this year as a result of changes to staffing schedules in one, two, three and four-teacher schools; and if he will make a statement on the matter. [5604/12]

Brendan Smith

Question:

249 Deputy Brendan Smith asked the Minister for Education and Skills the number of gaelscoileanna and minority faith schools that will be affected from September this year as a result of changes to staffing schedules in one, two, three and four-teacher schools; and if he will make a statement on the matter. [5605/12]

Brendan Smith

Question:

250 Deputy Brendan Smith asked the Minister for Education and Skills if any impact analysis was carried out in his Department prior to proceeding with the decision to introduce changes to staffing schedules in one, two, three and four-teacher schools; and if he will make a statement on the matter. [5606/12]

Brendan Smith

Question:

251 Deputy Brendan Smith asked the Minister for Education and Skills the reason he chose to apply retention figures for small schools retrospectively to last year’s enrolment figures in respect of changes to staffing schedules in one, two, three and four-teacher schools; and if he will make a statement on the matter. [5607/12]

I propose to take Questions Nos. 208, 219 and 245 to 251, inclusive, together.

At a time of great strain in our public finances, we have to ensure that the very 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. For example a two teacher school with 32 pupils has an average class size of 1 teacher for sixteen 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 realise the exceptionally favourable supports my Department will continue to provide for 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'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 Deputies. My Department will be notifying schools in the coming weeks of the new staffing arrangements for the 2012/13 school year.

Special Educational Needs

Peter Mathews

Question:

209 Deputy Peter Mathews asked the Minister for Education and Skills the reason a person (details supplied) in Dublin 12 did not receive a home tuition grant up to July; and if he will make a statement on the matter. [4984/12]

The Deputy will be aware that my Department's home tuition scheme provides funding to parents to provide education at home for children who, for a number of reasons such as chronic illness, are unable to attend school. The scheme was extended in recent years to facilitate tuition for children awaiting a suitable educational placement and also to provide early educational intervention for preschool children with autism. The child referred to by the Deputy has been allocated tuition until the end of the school year. Separately the July Education Programme is available to all special schools and mainstream primary schools with classes catering for children with autism who choose to extend their education services through the month of July. Home based provision is also provided for under this scheme. The child in question will also be eligible to apply for tuition under this scheme.

Schools Building Projects

Brian Walsh

Question:

210 Deputy Brian Walsh asked the Minister for Education and Skills the position regarding an application by a school (details supplied) in County Galway for building expansion; and if the school will be included in the five-year programme for school building projects to be announced this year. [4987/12]

The building project for the school referred to by the Deputy is currently at an advanced stage of architectural planning. Stage 2(b) submission (Detailed Design) was approved on 10th January 2012. The 2012 construction programme was published in December. Following on from this, my Department will shortly publish an outline five year programme on the projects to be constructed in that time. All school building projects currently in architectural planning, including the project referred to by the Deputy, will be considered in the context of that programme, taking into account the funding available, the building costs involved and the progression of other major projects required to meet demographic needs.

Gerry Adams

Question:

211 Deputy Gerry Adams asked the Minister for Education and Skills if he has met a delegation from a school (details supplied) in County Louth to discuss concerns about accommodation; if he will provide an account of this meeting; and if he will make a statement on the matter. [5010/12]

The Major Building Project referred to by the Deputy is currently at an early stage of Architectural Planning. The Design Team has recently been appointed and the Board of Management were authorised to commence Stage 1 (Preliminary Sketch Design) on 5th January 2012. My Department is awaiting a status update from the Board and their Design team. When this update has been received my department officials will arrange a meeting in order to expedite the progression of the project.

School Closures

Peadar Tóibín

Question:

212 Deputy Peadar Tóibín asked the Minister for Education and Skills the names of the schools he intends to close in County Meath; the dates on which he intends to close them; and if he will make a statement on the matter. [5016/12]

Peadar Tóibín

Question:

213 Deputy Peadar Tóibín asked the Minister for Education and Skills the position regarding the future of a school (details supplied) in County Meath; if he will ensure that the school remains open and continues to serve the local area; and if he will make a statement on the matter. [5017/12]

Peadar Tóibín

Question:

214 Deputy Peadar Tóibín asked the Minister for Education and Skills the position regarding the future of a school (details supplied) in County Meath; if he will ensure that the school remains open and continues to serve the local area; and if he will make a statement on the matter. [5018/12]

I propose to take Questions Nos. 212 to 214, inclusive, together.

I want to clarify for the Deputy that I have no intention to forcibly close any schools, in County Meath or elsewhere in Ireland, arising from the announcement I made on 5th December 2011. I would advise the Deputy to read the detail of that announcement, available on www.education.ie, so he can familiarise himself with what I actually announced in the Budget. The criteria under which National Schools are recognised by the Department are outlined in the Education Act 1998 and the Rules for National Schools. Under the criteria, recognition can be withdrawn where a school’s pupil enrolment returns to the Department, at 30th September, fall below eight pupils and remain at this level for at least two consecutive years and where the Patron is satisfied that there is little prospect of a reversal in the school’s pupil enrolment trend. The schools referred to by the Deputy currently meet the recognition criteria concerned.

Departmental Staff

Gerry Adams

Question:

215 Deputy Gerry Adams asked the Minister for Education and Skills the salaries and allowances paid to his private secretary and to the Secretary General general of his Department; and if he will make a statement on the matter. [5026/12]

The salaries and allowances paid to private secretaries in my Department are set out in the following table. Any consideration of reductions in salaries or allowances for private secretaries would be a matter in the first instance for the Department of Public Expenditure and Reform.

Private Secretaries in Department of Education and Skills — Salaries and Allowances

Position

Salary

Allowance

Private Secretary to Minister Ruairí Quinn, T.D.

€57,251

€19,653

Private Secretary to Minister of State Ciarán Cannon, T.D.

€53,532

€19,653

Private Secretary to Minister of State Seán Sherlock, T.D.

€35,977

*€20,685

Private Secretary to Secretary General Brigid McManus

€44,967

*€10,951

* Full PRSI Class A.

Appointments to State Boards

Gerry Adams

Question:

216 Deputy Gerry Adams asked the Minister for Education and Skills if he will provide a breakdown of the number of appointments that have been made to State boards by him since he came to office, including the names of the appointees and the boards they have been appointed to; the number of these appointments that have been made using new procedures involving the advertising of such posts on his Department’s websites and the interview of the chairperson of boards by Oireachtas committee; if he will highlight situations where this process has not occurred; and the reason it has not occurred in each case. [5042/12]

The following table provides a list of appointments made to bodies under the aegis of my Department since my appointment as Minister for Education and Skills for the Deputy's information. It should be noted that Board appointments, while made by me, as Minister, are not in all cases made at my sole discretion. Individuals may be nominated for appointment by various organisations as specified in the relevant statute of the body concerned. The Deputy may also wish to note that my Department has recently corresponded with survivors groups seeking nominations for the new Board of the Education Finance Board (EFB). This Board will effectively be a caretaker board which will serve for a number of months pending the establishment of the Statutory Fund. It is envisaged that the new Fund will assume the functions of the Board and the Board will be dissolved when the fund is set up.

In December 2011, in accordance with Government policy, expressions of interest were sought from suitably qualified and experienced persons for consideration for appointment to the following boards of Bodies operating under my Department aegis:

Léargas Ltd — The Exchange Bureau

The Higher Education Authority

The Qualifications and Quality Assurance Authority of Ireland (to be newly established)

Interested applicants were advised to register an Expression of Interest through the Public Appointments Service (PAS).

Vacancies on other Boards of Bodies under the aegis of the Department that arise during 2012 will be advertised on my Department's website. The Deputy should note that in making any direct Ministerial appointments, I am not necessarily confined to those who make such expressions of interest but will ensure that all of those appointed have the relevant qualifications for the positions.

Breakdown of appointments

Agency Name

Number Appointments /re-appointments

Names

Notes

Foras Áiseanna Saothair

1 appointment

Mr. Michael Moriarty

Mr. Moriarty, who is General Secretary of the IVEA, was appointed in July 2011 because of his expertise in the Vocational Education Committees which will be availed of particularly when FÁS is transformed into SOLAS, the new further education and training authority.

Further Education and Training Awards Council (FETAC)

11 re-appointments

Mr. Donal O’RourkeDr. Padraig WalshMs Margaret O’ConnellMr. Rory O’SullivanMr. Joseph O’LearyMs Deirdre KeyesMs Bridie DalyMs Margaret MernaghMr. John MulcahyMr. Tony PetitMs Shira Mehiman

As FETAC’s term of office expired in December 2011, and to meet with statutory obligations, eligible members of the outgoing Board were re-appointed to the Board until such time as the new QQAAI is established. All 11 re-appointed on 21st December 2011.

Higher Education and Training Awards Council (HETAC)

2 appointments8 re-appointments

Dr. Maria Hinfelaar (1st appointed 9/6/2011)Mr. Aengus Ó Maoláin (1st appointed 1/7/2011)Prof. Séamus SmythDr. Finola Doyle-O’NeillDr. Marion PalmerDr. Íde Ní FhaoláinMs Mary Mc GlynnDr. Diarmuid O’Callaghan

As HETAC’s term of office expired in December 2011, and to meet with statutory obligations, eligible members of the outgoing Board were re-appointed to the Board until such time as the new QQAAI (see note 1) is established. All 8 re-appointed on 21st December 2011.

Higher Education Authority

1 re-appointment

Mr. Gary Redmond

Mr. Redmond was re-appointed in July 2011 by virtue of his re-appointment as President of the USI

National Council for Curriculum and Assessment

2 appointments

Mr. Seán Ó CoinnProfessor Noirín Hayes

Mr. Ó Coinn nominated by Foras na Gaeilge and Professor Noirín Hayes nominated by the Office of the Minister for Children and Youth Affairs. Both appointed on the 13th of December 2011.

National Council for Special Education

1 appointment

Ms Maureen Costello

Director of the National Educational Psychological Service (NEPS) appointed in September 2011.

National Qualifications Authority of Ireland

1 appointment5 re-appointments

Mr. Gary Redmond (1st appointed 24/6/2011)Prof. Anne ScottMs Marie BourkeMr. Eamon DevoyMs Audry DeaneMr. Tony Donohue

All re-appointed on 31st March 2011 with exception of Mr. Redmond.See Note 1.

Residential Institutions Redress Board

11 re-appointments

Dr. Fionnuala O’LoughlinDr. Helen CummiskeyDr. Harry BuglerDr. Mary BluettDr. Ruth PilkingtonDr. William DelaneyMr. John CampbellMs Ann O’BrienMs Samantha Cruess CallaghanMs Dariona Conlon

All re-appointed on 16th December 2011

Residential Institutions Review Committee

6 re-appointments

The Hon. Mr. Justice Francis D. MurphyMr. John DaltonMs Ita ManaganMr. Justice John BuckleyMr. Brendan GogartyMr. Colm Gaynor

All re-appointed on 16th December 2011

Skillnets Ltd. (See Note 1)

1

Mr. Mícheál Ó Fiannachta

A Departmental official appointed in June 2011.

Note 1: The Further Education and Training Awards Council (FETAC) the Higher Education and Training Awards Council (HETAC) and the National Qualifications Authority of Ireland (NQAI) are to merged to form a new body to be known as the Qualifications and Quality Assurance Authority of Ireland (QQAAI) in the coming months.

Third Level Graduates

Peadar Tóibín

Question:

217 Deputy Peadar Tóibín asked the Minister for Education and Skills if he will provide details of the economic sectors in which there are the greatest numbers of graduates; and if he will make a statement on the matter. [5061/12]

The most recent data for graduate employment in Ireland was published in 2010 and relates to 2008 graduates. The full report "What do graduates do?" is available at www.hea.ie. The data shows that the most common initial employment sector for holders of all awards in Ireland was Non-market services, which includes education and health sectors, with 45.3% of level 8 honours degree graduates; 89% level 9 postgraduate diploma graduates (more than half of which employed in secondary education); 76% of PhD graduates (almost half of which were employed in third level education sector) and 37.8% of taught masters Graduates employed in this sector. A significant proportion of both honours degree and taught masters graduates also found employment in Business Finance and Insurance Services (22.3% and 23.2%, respectively). This pattern is repeated in the sectoral distribution of graduates overseas with Non-Market sector as the most popular employment sector for the majority of graduates.

Departmental Staff

Mary Lou McDonald

Question:

218 Deputy Mary Lou McDonald asked the Minister for Education and Skills the number of retired public servants that have been rehired by him, or rehired by State agencies under his aegis. [5067/12]

The information requested by the Deputy is being compiled and will be forwarded direct to her.

Question No. 219 answered with Question No. 208.

Oideachas Lán-Ghaeilge

Éamon Ó Cuív

Question:

220 D’fhiafraigh Éamon Ó Cuív den Aire Oideachais agus Scileanna an gcreideann sé go bhfuil sé de cheart ag gach tuismitheoir in Éirinn a bpáistí a chur chuig Gaelscoil; an bhfuil measúnú aige ar cén céatadán de thuismitheoirí na tíre atá ag lorg oideachais trí mheán na Gaeilge dá bpáistí; céard atá ar bun aige chun an t-éileamh ar an nGaelscolaíocht a shásamh. [5096/12]

Glacann an bunoideachas ról feiceálach chun an chéad teanga oifigiúil a chaomhnú agus a leathnú amach. Is é an cuspóir tábhachtach a bhí riamh ag Rialtais leanúnacha Éireannacha ná an teanga Ghaeilge a chur chun cinn agus rinneadh a háit in ár gcóras oideachais a chosaint ar bhonn seasmhach i gconaí. Rinneadh a leithéid a fhrithchaitheamh sna blianta a ghabh tharainn sa mhéid gur aithníodh roinnt Gaelscoileanna nua — bunaíodh 18 gaelscoil nua ón bhliain 2005 amach agus tá ceann eile le hoscailt i mí Mheán Fómhair na bliana seo. Méadaíonn a leithéid an líon gaelscoileanna suas go dtí 141 agus bhí 29675 dalta ar na rollaí iontu siúd sa scoilbhliain 2010/11. Mar bhreis air sin tá 106 bunscoil Lán-Ghaelach ann agus an clárú iomlán iontu ionann is 7302 dalta sa scoilbhliain 2010/11.

Mar is eol don Teachta, rinne mé a fhógairt i mí an Mheithimh 2011 go bhfuiltear chun 20 bunscoil nua a bhunú in ionaid éagsúla sa sé bliana rómhainn. Rinne mé a fhógairt, freisin, go mbeidh eagair nua i bhfeidhm maidir le bunscoileanna agus scoileanna dara leibhéal a aithint. Na heagair nua seo a foillsíodh ag mo Roinn, cuireann siad cur chuige cothrom i bhfeidhm chun go bhféadfaí iarratais ar bhunú scoileanna nua a dhéanamh ag patrúin ionchasacha. Cuireann na critéir a úsáidfear i roghnú Pátrúnachta le haghaidh scoileanna nua seo béim ar leith ar éileamh tuismitheoirí maidir le éagsúlacht agus le ilfheidhmeannas Pátrúnachta.

Beidh an Teachta eolach freisin maidir leis an bhFóram ar Phátrúnacht agus Ilfheidhmeannas san Earnáil Bhunoideachais a sheol mé an bhliain seo caite agus tuigim go mbeidh ar fáil agam go luath an tuarascáil ón nGrúpa Comhairleach ar thoradh réamhbheartaithe an Fhóraim sin. Tuigim go mbeidh moltaí sa tuarascáil sin ar chonas is féidir an t-eileamh ar bhunoideachas Lán-Ghaeilge a shásamh sna réigiúin sin nach féidir leis na déimeagrafaigh bunú bunscoileanna nua a chosaint ná a údarú.

Special Educational Needs

Charles Flanagan

Question:

221 Deputy Charles Flanagan asked the Minister for Education and Skills if his attention has been drawn to a situation that has developed at a school (details supplied) in County Laois; and if he will make a statement on the matter. [5121/12]

Sean Fleming

Question:

240 Deputy Sean Fleming asked the Minister for Education and Skills if he will reverse the withdrawal of a teacher from a school (details supplied) in County Laois in 2011 in view of the implications for the school and the health and safety issues involved; and if he will make a statement on the matter. [5477/12]

I propose to take Questions Nos. 221 and 240 together.

The Deputy will be aware that the National Council for Special Education (NCSE) is responsible for determining the appropriate staffing levels in relation to the support of pupils with special educational needs in mainstream and special schools. The NCSE operates within my Department's policy in allocating this support. My Department's Circular 0042/2011 notified school management authorities of the staffing arrangements which would apply in special schools in the 2011/12 school year. The Circular set out that the 2010/11 level of teaching supports would be maintained in special schools for the 2011/12 school year, other than for schools with declining enrolments. The Circular also indicated that the NCSE may suppress a teacher post in schools which have excess teaching posts in order to create a post in a school which does not have excess posts and which has growing pupil numbers.

The special school referred to by the Deputy currently has an enrolment of 18 pupils with a staffing allocation of 4 teachers and 12 Special Needs Assistants. Notwithstanding the fact that the pupils attending this school have very significant levels of need, this is a very high staffing level, with a total of 16 staff providing for 18 pupils at the school. These enhanced pupil teacher and SNA ratios are provided to special schools to support them in dealing with pupil behaviour and individual educational and care needs. In addition, it is open to schools to seek guidance and advice from the National Educational Psychological Service (NEPS) in relation to the establishment of whole-school procedures in this area. Finally, I wish to advise the Deputy that the Health Service Executive is responsible for the provision of health supports, including Physiotherapy, to children who require such support.

Jobs Initiative

Patrick O'Donovan

Question:

222 Deputy Patrick O’Donovan asked the Minister for Education and Skills the number of teachers seeking to have their probationary period completed that have been admitted through the national internship programme; and if he will make a statement on the matter. [5122/12]

Teachers who have registered with the Teaching Council and have fulfilled all conditions other than probation currently apply to Limerick Education Centre (LEC) for probation. At present, inspection visits are conducted by the Department Inspectorate on behalf of the Teaching Council to evaluate the professional competence of the eligible teachers. The Inspectorate provides the teacher with a statement indicating their level of competence. It is the responsibility of the teacher to provide evidence of professional competence to the Teaching Council in order to become fully registered. The records maintained in Limerick Education Centre indicate that 12 teachers listed for probation have declared themselves to be on Jobbridge and 3 teachers have declared themselves to be on FÁS work placement programme.

Physical Education Facilities

Noel Harrington

Question:

223 Deputy Noel Harrington asked the Minister for Education and Skills his response to proposals by Clonakilty Town Council, County Cork, regarding physical education for secondary school students (details supplied); and if he will make a statement on the matter. [5134/12]

I fully appreciate the importance of Physical Education in promoting positive well being, and mental and physical health in schools, and the role this plays in supporting student achievement. However, curriculum overload has been found in many evaluations in the Irish system, and I do not intend to extend the length of time required for PE in primary or second level schools. My focus is on ensuring that the time recommended for PE is implemented in all schools, as part of a broad and balanced programme, that schools encourage physical activity during breaks and seek to promote sporting activities outside of school time, and make their premises and facilities available to the wider community.

In addition to PE being a required subject in all schools, the importance of healthy lifestyles, good nutrition and physical exercise is also featured as part of the Social Personal and Health Education Programme which is a mandatory part of the curriculum in primary schools and in junior cycle. In a new school building or major refurbishment/extension, PE facilities are included as part of the design, and new PE equipment is provided.

The National Council for Curriculum and Assessment has recently completed a public consultation process on a syllabus for Physical Education as a Leaving Certificate examinable subject, and will be forwarding its advice to me during 2012. However, there are a range of syllabuses awaiting implementation which cannot be progressed in the current budgetary climate. In Junior cycle, PE is a non-examinable subject. As part of the reforms which I have recently endorsed, there will be opportunity for schools to provide short courses which are locally developed, of 100 hours duration, which are assessed by means of a portfolio. There will be scope under these arrangements for schools to extend the provision for sports and PE should they wish to do so.

It is important to realise that children spend just 20% of their waking hours at school and so their level of physical activity during the rest of the week in just as important. Indeed, the ‘State of the Nation's Children 2010" report found that children in Ireland are doing well on physical activity, ranking first across 40 countries in being physically active for at least 60 minutes per day on more than 4 days per week.

Third Level Institutions

Michael McCarthy

Question:

224 Deputy Michael McCarthy asked the Minister for Education and Skills if he will provide a breakdown of hospitality and entertainment allowances allocated to each of the State’s seven main universities in 2010 and 2011; if he will categorise how these allowances were spent in each college per year; and if he will make a statement on the matter. [5137/12]

Michael McCarthy

Question:

225 Deputy Michael McCarthy asked the Minister for Education and Skills if he will provide a breakdown of buildings here which are being rented or hired by each of the State’s seven main universities in 2010 and 2011 separately; the location and name of each building; the annual cost of renting and or hiring each building per year; the purpose of use in each case; the length of each rental contract or hire arrangement; and if he will make a statement on the matter. [5138/12]

Michael McCarthy

Question:

226 Deputy Michael McCarthy asked the Minister for Education and Skills if he will provide a breakdown of the costs incurred by each of the State’s seven main universities in respect of travel expenses within the EU for staff members in 2010 and 2011 separately; if he will outline each universities’ policy on travel expenses for staff; and if he will make a statement on the matter. [5139/12]

Michael McCarthy

Question:

227 Deputy Michael McCarthy asked the Minister for Education and Skills if he will provide a breakdown of the costs incurred by each of the State’s seven main universities in respect of travel expenses outside the EU for staff members in 2010 and 2011 separately; and if he will make a statement on the matter. [5140/12]

I propose to take Questions Nos. 224 to 227, inclusive, together.

As the Deputy was advised in relation to previous requests for information on various university costs, information of this nature is generally not readily available. Furthermore, given differences in management and financial information systems across the seven universities, it is difficult to collect consistent, comparable data. However, I have asked the HEA to contact the seven universities with a view to obtaining as much information as is possible and I will arrange to have it forwarded when compiled.

Question No. 228 answered with Question No. 197.

Departmental Expenditure

Eoghan Murphy

Question:

229 Deputy Eoghan Murphy asked the Minister for Education and Skills the total amount of the education budget for 2012; and the breakdown in spending between the different categories and levels of education, both as a percentage of the total budget and in monetary terms. [5293/12]

The 2012 Gross Budget Allocation for Vote 26: Education and Skills was almost €8,672 million. Expenditure on Education services in Vote 26 is accounted for under seven main headings in Vote 26 as follows:

2012 Gross Budget Allocation

Programme

Amount

%

€m

Administration

€91.7

1%

Other Services

€329.4

4%

First-Level Education

€3,109.5

36%

2nd level Education

€2,957.6

34%

3rd level and Further Education

€1,566.3

18%

Capital Services

€474.2

5%

Skills Development and Further Education

€142.8

2%

Total

€8,671.5

The following table, for the information of the Deputy, is a full breakdown of estimated 2012 expenditure for Vote 26: Education and Skills, as contained in the Comprehensive Expenditure Report 2012-14 which was published in December 2012 at Budget time.

VOTE 26

EDUCATION AND SKILLS

I. Estimate of the amount required in the year ending 31 December 2011 for the salaries and expenses of the Office of the Minister for Education and Skills, for certain services administered by that Office, and for the payments of certain grants and grants-in-aid.

€8,062,573,000

II. Subheads under which this Vote will be accounted for by the Office of the Minister for Education and Skills

2011 REV

Over 2011 REV 2012

% 2012

Current

Capital

Total

Current

Capital

Total

€000

€000

€000

€000

€000

€000

ADMINISTRATION

A.1-

SALARIES, WAGES AND ALLOWANCES

62,743

62,743

59,889

59,889

-5%

A.2-

TRAVEL AND SUBSISTENCE

1,577

1,577

1,499

1,499

-5%

A.3-

TRAINING AND DEVELOPMENT AND INCIDENTAL EXPENSES

1,355

1,355

1,262

1,262

-7%

A.4-

POSTAL AND TELECOMMUNICATIONS SERVICES

3,250

3,250

3,041

3,041

-6%

A.5-

OFFICE EQUIPMENT and EXTERNAL IT SERVICES

3,462

2,000

5,462

3,355

1,500

4,855

-11%

A.6-

OFFICE PREMISES EXPENSES

2,350

2,350

2,318

2,318

-1%

A.7-

CONSULTANCY SERVICES and VALUE FOR MONEY REVIEWS

100

100

100

100

0%

A.8-

NATIONAL EDUCATIONAL PSYCHOLOGICAL SERVICE

18,629

18,629

18,719

18,719

0%

A.8-

REGIONAL OFFICE EXPENSES

260

260

0

0

-100%

Subtotal:- *

93,726

2,000

95,726

90,183

1,500

91,683

-4%

OTHER SERVICES

B.1-

GRANT-IN-AID FUND FOR GENERAL EXPENSES OF ADULT EDUCATION ORGANISATIONS (PART-FUNDED BY NATIONAL LOTTERY)

854

854

847

847

-1%

B.2-

TRANSPORT SERVICES

179,974

179,974

169,693

169,693

-6%

B.3-

INTERNATIONAL ACTIVITIES

1,038

1,038

1,109

1,109

7%

B.4-

UNESCO CONTRIBUTION AND INTERNATIONAL EDUCATION EXCHANGES

2,464

2,464

2,280

2,280

-7%

B.5-

RESEARCH AND DEVELOPMENT ACTIVITIES

2,475

2,475

2,350

2,350

B.6-

TEACHER EDUCATION

25,205

25,205

24,705

24,705

-2%

B.7-

EXPENSES OF NATIONAL COUNCIL FOR CURRICULUM AND ASSESSMENT

3,812

3,812

4,567

4,567

20%

B.8-

FUNDING OF PROJECTS IN DRUG TASK FORCE AREAS

543

543

411

411

B.9-

NATIONAL COUNCIL FOR SPECIAL EDUCATION

9,015

9,015

8,712

8,712

-3%

B.10-

EDUCATIONAL DISADVANTAGED (DORMANT ACCOUNTS)

1,500

500

2,000

1,100

500

1,600

-20%

B.11-

OCCUPATIONAL HEALTH STRATEGY FOR FIRST AND SECOND-LEVEL TEACHERS

1,750

1,750

1,750

1,750

B.12

RESIDENTIAL INSTITUTIONS REDRESS

45,000

45,000

69,880

500

70,380

56%

B.13-

ROYAL IRISH ACADEMY OF MUSIC GENERAL EXPENSES (GRANT-IN-AID)

3,544

3,544

3,440

3,440

-3%

B.14-

GRANT-IN-AID FUND FOR GENERAL EXPENSES OF CULTURAL, SCIENTIFIC AND EDUCATIONAL ORGANISATIONS (PART-FUNDED BY NATIONAL LOTTERY)

196

196

187

187

B.15-

NORTH/SOUTH CO-OPERATION FUNDING

3,350

3,350

3,250

3,250

-3%

B.16-

FUNDING FOR THE PROMOTION OF IRELAND AS AN INTERNATIONAL EDUCATION CENTRE

100

100

100

100

0%

B.17-

MISCELLANEOUS

5,005

5,005

4,035

4,035

-19%

B.18-

SCHOOLS INFORMATION AND COMMUNICATION TECHNOLOGIES ACTIVITIES

13,578

1,500

15,078

13,278

500

13,778

-9%

B.19-

COMMISSION ON CHILD ABUSE

12,994

12,994

8,000

8,000

-38%

B.20-

NATIONAL QUALIFICATIONS FRAMEWORK

8,823

500

9,323

8,174

0

8,174

-12%

Subtotal:-

321,220

2,500

323,720

327,868

1,500

329,368

2%

Education and Skills

414,946

4,500

419,446

418,051

3,000

421,051

0

2010 Prov Outturn

Over 2010 Prov Outturn

% 2011

Current

Capital

Total

Current

Capital

Total

€000

€000

€000

€000

€000

€000

FIRST-LEVEL EDUCATION GRANTS AND SERVICES

C.1-

SALARIES, ETC., OF TEACHERS

2,052,229

2,052,229

2,079,028

2,079,028

1%

C.2-

MODEL SCHOOLS — MISCELLANEOUS EXPENSES

511

511

511

511

0%

C.3-

CAPITATION GRANTS TOWARDS OPERATING COSTS OF NATIONAL SCHOOLS

187,102

187,102

188,142

188,142

1%

C.4-

SALARIES ETC. OF NON-TEACHING STAFF IN NATIONAL SCHOOLS INCLUDING SPECIAL NEEDS ASSISTANTS, CARETAKERS AND CLERICAL OFFICERS

310,451

310,451

310,793

310,793

0%

C.5-

OTHER GRANTS AND SERVICES

55,337

55,337

50,585

50,585

-9%

C.6-

SUPERANNUATION, ETC., OF TEACHERS

473,474

473,474

474,485

474,485

0%

C.7-

SPECIAL EDUCATION INITIATIVES

6,065

6,065

6,000

6,000

-1%

Subtotal:-

3,085,169

3,085,169

3,109,544

3,109,544

1%

SECOND LEVEL AND FURTHER EDUCATION

D.1-

SALARIES ETC. OF TEACHERS IN SECONDARY COMPREHENSIVE AND COMMUNITY SCHOOLS

1,180,733

1,180,733

1,141,095

1,141,095

-3%

D.2-

GRANTS TO SECONDARY SCHOOL AUTHORITIES AND OTHER GRANTS AND SERVICES IN RESPECT OF SECONDARY SCHOOLS.

107,191

107,191

103,800

103,800

-3%

D.3-

SALARIES ETC. OF NON-TEACHING STAFF IN SECONDARY, COMP AND COMM SCHOOLS INCLUDING SPECIAL NEEDS ASSISTANTS, CAREATKERS AND CLERICAL OFFICERS

52,151

52,151

50,345

50,345

-3%

D.4-

SUPERANNUATION OF SECONDARY, COMPREHENSIVE AND COMMUNITY SCHOOL TEACHERS

344,125

344,125

346,131

346,131

1%

D.5-

COMPREHENSIVE AND COMMUNITY SCHOOLS - RUNNING COSTS

46,342

46,342

45,492

45,492

-2%

D.6-

ANNUAL GRANTS TO VOCATIONAL EDUCATION COMMITTEES (EXCLUDING CERTAIN GRANTS IN RESPECT OF SPECIALIST COLLEGES AND STUDENT SUPPORT)

906,809

906,809

914,848

914,848

1%

D.7-

PAYMENTS TO LOCAL AUTHORITIES IN RESPECT OF SUPERANNUATION CHARGES

234,278

234,278

239,513

239,513

2%

D.8-

MISCELLANEOUS POST-PRIMARY SERVICES

18,574

18,574

18,027

18,027

-3%

D.9-

SPECIAL INITIATIVES ADULT EDUCATION

44,465

44,465

44,165

44,165

-1%

D.10-

STATE EXAMINATIONS COMMISSION

54,310

54,310

54,202

54,202

Subtotal:-

2,988,978

0

2,988,978

2,957,618

0

2,957,618

-1%

THIRD LEVEL AND FURTHER EDUCATION GRANTS AND SERVICES

E.1-

STUDENT GRANT SCHEMES

386,057

386,057

333,282

333,282

-14%

E.2-

UNIVERSITY SCHOLARSHIPS

1,800

1,800

1,700

1,700

-6%

E.3-

AN tÚDARÁS UM ARD-OIDEACHAS - GRANT-IN-AID FOR GENERAL EXPENSES

5,587

5,587

5,358

5,358

-4%

E.4-

AN tÚDARAS UM ARD-OIDEACHAS — GENERAL CURRENT GRANTS TO UNIVERSITIES AND COLLEGES AND DESIGNATED INSTITUTIONS OF HIGHER EDUCATION (GRANT-IN-AID)

1,177,032

1,177,032

1,119,604

1,119,604

-5%

E.5-

TRAINING COLLEGES FOR PRIMARY TEACHERS EXCLUDING THOSE FUNDED THROUGH THE HIGHER EDUCATION AUTHORITY

12,549

12,549

11,680

11,680

-7%

E.6

STRATEGIC INNOVATION FUND

14,000

14,000

4,000

4,000

-71%

E.7-

DUBLIN DENTAL HOSPITAL — DENTAL EDUCATION GRANT (GRANT-IN-AID)

11,986

11,986

11,815

11,815

-1%

E.8-

DUBLIN INSTITUTE FOR ADVANCED STUDIES (GRANT-IN-AID)

7,020

7,020

6,796

6,796

-3%

E.9-

GRANT IN RESPECT OF TUITION FEES TO DESIGNATED NON-HIGHER EDUCATION AUTHORITY THIRD-LEVEL INSTITUTIONS

5,475

5,475

5,325

5,325

-3%

E.10-

MISCELLANEOUS

220

220

220

220

0%

E.11-

GRANTS TO CERTAIN THIRD LEVEL INSTITUTIONS

17,019

17,019

11,350

11,350

-33%

E.12-

ALLEVIATION OF DISADVANTAGE

16,000

16,000

13,200

13,200

E.13-

RESEARCH AND DEVELOPMENT ACTIVITIES

41,085

41,085

40,085

40,085

-2%

E.14-

GRANGEGORMAN DEVELOPMENT AGENCY

2,080

0

2,080

1,880

0

1,880

-10%

Subtotal:-

1,697,910

0

1,697,910

1,566,295

0

1,566,295

-8%

CAPITAL SERVICES

F.1

BUILDING, EQUIPMENT AND FURNISHING OF NATIONAL and 2nd LEVEL SCHOOLS

418,000

418,000

362,000

362,000

-13%

F.2

PUBLIC PRIVATE PARTNERSHIP COSTS

41,651

15,500

57,151

50,200

2,000

52,200

-9%

F.3

AN tÚDARÁS UM ARD-OIDEACHAS - BUILDING GRANTS AND CAPITAL COSTS FOR UNIVERSITIES AND COLLEGES, INSTITUTES OF TECHNOLOGY, DESIGNATED INSTITUTIONS OF HIGHER EDUCATION AND RESEARCH

57,335

57,335

59,835

59,835

4%

F.4

BUILDING GRANTS AND CAPITAL COSTS OF OTHER THIRD LEVEL INSTITUTIONS

165

165

165

165

0%

Subtotal:-

41,651

491,000

532,651

50,200

424,000

474,200

-11%

SKILLS DEVELOPMENT

G.1

FAS ADMINISTRATION AND GENERAL EXPENSES

85,491

85,491

83,491

83,491

-2%

G.2

FAS TRAINING AND INTEGRATION SUPPORTS

40,267

40,267

23,067

23,067

-43%

G.3

LEONARDO PROGRAMME

140

140

140

140

0%

G.4

FÁS — CAPITAL

5,500

5,500

3,000

3,000

-45%

G.5

FÁS — PENSION PAYMENTS ARISING FROM THE FINANCIAL MEASURES (MISCELLANEOUS PROVISIONS) ACT

30,500

30,500

30,800

30,800

1%

G.6

EUROPEAN GLOBALISATION FUND

1,000

1,000

1,000

1,000

0%

G.7

OPERATIONAL PROGRAMME FOR HUMAN RESOURCES DEVELOPMENT — TECHNICAL ASSISTANCE

1,300

1,300

1,300

1,300

0%

Subtotal:-

158,698

5,500

164,198

139,798

3,000

142,798

-13%

Gross Total:-

8,387,352

501,000

8,888,352

8,241,506

430,000

8,671,506

-2%

Deduct:-

G.-

APPROPRIATIONS-IN-AID

604,432

4,501

608,933

604,432

4,501

608,933

0%

Net Total:-

7,782,920

496,499

8,279,419

7,637,074

425,499

8,062,573

-3%

NATIONAL TRAINING FUND

362,000

362,000

362,000

362,000

0%

OVERALL GROSS TOTAL

8,749,352

501,000

9,250,352

8,603,506

430,000

9,033,506

-2%

Exchequer pay included in above net total

5,020,712

4,955,648

Exchequer pensions included in above net total

886,126

898,164

Third Level Sector

Paudie Coffey

Question:

230 Deputy Paudie Coffey asked the Minister for Education and Skills the role or involvement he has in respect of the Irish Universities Association; and if he will make a statement on the matter. [5393/12]

Paudie Coffey

Question:

231 Deputy Paudie Coffey asked the Minister for Education and Skills the total level of funding the Irish Universities Association received from his budget on an annual basis in the years 2008, 2009, 2010 and 2011; and if he will make a statement on the matter. [5394/12]

Paudie Coffey

Question:

232 Deputy Paudie Coffey asked the Minister for Education and Skills the total number of persons employed by the Irish Universities Association; and if he will make a statement on the matter. [5395/12]

Paudie Coffey

Question:

233 Deputy Paudie Coffey asked the Minister for Education and Skills the total amount the Irish Universities Association spent on rent in the years 2008, 2009, 2010 and 2011; and if he will make a statement on the matter. [5396/12]

Paudie Coffey

Question:

234 Deputy Paudie Coffey asked the Minister for Education and Skills the total level of expenses that were paid out by the Irish Universities Association to its members on an annual basis in the years 2008, 2009, 2010 and 2011; and if he will make a statement on the matter. [5397/12]

I propose to take Questions Nos. 230 to 234, inclusive, together.

The Irish Universities Association (IUA) is the representative body for Ireland's seven universities. The Association, which was established by the universities themselves, is a non-profit making body with charitable status and is a company limited by guarantee not having a share capital. It is not a body under the aegis of my Department and no funding is provided directly by my Department to support the running of the Association. The employment of staff and the expenses of the IUA are solely a matter for the Directors of the IUA, comprising the Provost and Presidents of the seven universities.

Paudie Coffey

Question:

235 Deputy Paudie Coffey asked the Minister for Education and Skills the number and nature of submissions received by him from the Irish Universities Association in the years 2008, 2009, 2010 and 2011; and if he will make a statement on the matter. [5398/12]

The information requested by the Deputy is being compiled and I will arrange to have it forwarded to the Deputy shortly.

Asbestos Remediation Programme

Brendan Griffin

Question:

236 Deputy Brendan Griffin asked the Minister for Education and Skills if he will take seriously the issue of unregistered asbestos removal from school buildings (details supplied); the measures he will take to tackle this problem; and if he will make a statement on the matter. [5417/12]

The project referred to by the Deputy is currently under construction with a design team and appointed contractor in place.

My Department has published guideline documents on "Asbestos Management in Schools" and the Code of Practice for Management of Asbestos Material in Schools". These documents are available on my Department website at www.education.ie.

Responsibility for ensuring the safe removal of asbestos is a matter for the design team and the appointed contractor on behalf of the school authority.

Third Level Sector

Gerry Adams

Question:

237 Deputy Gerry Adams asked the Minister for Education and Skills if he supports proposals for closer links between Dundalk IT and Dublin City University; and if he will make a statement on the matter. [5443/12]

The National Strategy for Higher Education sets out an approach to the development of the system that is based on building strength through collaboration while retaining and fostering mission diversity across institutions. My Department and the Higher Education Authority, in partnership with our higher education institutions, are now together implementing the wide ranging reforms set out in the strategy. An element of the reforms, currently under consultation, includes the development of regional clusters of institutions, which would be characterised by close co-ordination and co-operation between various types of independent higher education institutions that together would determine and meet the needs of a wide range of students, communities and enterprises in their region.

Special Educational Needs

Sandra McLellan

Question:

238 Deputy Sandra McLellan asked the Minister for Education and Skills if an assessment will be carried out in the case of a person (details supplied) in County Cork who needs extra help with their junior certificate in June, in view of the fact that this cannot be sought until an assessment has been carried out. [5452/12]

I can inform the Deputy that all primary and post primary schools have access to psychological assessments either directly through the National Educational Psychological Service (NEPS), or through the Scheme for Commissioning Psychological Assessments (SCPA), full details of which are on the Department's website. Where a NEPS psychologist is not assigned to a school, authorities therein may access psychological assessments through SCPA. Under this scheme schools can have an assessment carried out by a member of the panel of private psychologists approved by NEPS, and NEPS will pay the psychologist the fees for this assessment directly.

I have made enquiries in relation to the student detailed in the question and can inform the Deputy that the school which she attends currently is assigned a NEPS psychologist.

It should also be noted that in common with many other psychological services, NEPS encourages a staged assessment process, whereby each school takes responsibility for a pupil's initial assessment, educational planning and remedial intervention in consultation with their assigned NEPS psychologist. Only if there is a failure to make reasonable progress in spite of the school's best efforts, will a child be referred for individual psychological assessment. It is the responsibility of the school Principal in the first instance to identify and prioritise pupils for assessment under the process described above.

I would suggest that the parents of the student in question should discuss the matter with the school Principal who will advise them as to the appropriateness of a referral in this instance and the process for accessing same.

Additionally students with permanent or long-term conditions, including visual and hearing difficulties, or specific learning difficulties, which they believe will significantly impair their performance in the Junior or Leaving Certificate examinations may apply to the State Examinations Commission (SEC) for a reasonable accommodation to be made to facilitate them taking the examinations. The reasonable accommodations are intended to:

(a) remove, as far as possible, the impact of the disability on the candidate's performance and thus enable the candidate to demonstrate his or her level of attainment and

(b) ensure that, whilst giving candidates every opportunity to demonstrate their level of attainment, the special arrangements will not give the candidate an unfair advantage over other candidates in the same examination.

Again I would advise that the student's parents raise, with the school Principal, the potential or appropriateness of submitting an application to the SEC in this instance.

Should school authorities have specific difficulties with regard any of the foregoing I would suggest that they raise the matter with their assigned NEPS psychologist for advise or clarification (NEPS Southern Regional Office, Tel: 021-4536358).

European Council Meetings

Patrick O'Donovan

Question:

239 Deputy Patrick O’Donovan asked the Minister for Education and Skills the European Council of Ministers on which he sits; the number of meetings of that Council that have been held between 2007 and 2011; the number of those meetings that he attended; the number that were attended by the relevant Minister of State; the number that were attended by an Irish official; if he will provide the names of those who attended in tabular form. [5466/12]

The Minister for Education and Skills sits on the EU Council of Ministers for Education. This Council meets three times a year, in February, May and November. From 2007 to 2011 inclusive, fifteen meetings of the Council have been held. Of these, the Minister for Education and Skills attended six, a Minister of State attended five and officials deputised at four.

The names of those who attended are attached in tabular form:

Date of meeting

Attendance

February 2007

Minister of State Seán Haughey

May 2007

Ambassador Ken Thompson

November 2007

Minister Mary Hanafin

February 2008

Minister of State Seán Haughey

May 2008

Minister Batt O’Keeffe

November 2008

Minister of State Seán Haughey

February 2009

Minister Batt O’Keeffe

May 2009

Minister Batt O’Keeffe

November 2009

Minister Batt O’Keeffe

February 2010

Ambassador Geraldine Byrne-Nason

May 2010

Ambassador Geraldine Byrne-Nason

November 2010

Minister of State Seán Haughey

February 2011

Ambassador Geraldine Byrne-Nason

May 2011

Minister Ruairí Quinn

November 2011

Minister of State Ciarán Cannon

Question No. 240 answered with Question No. 221.

School Accommodation

Brendan Ryan

Question:

241 Deputy Brendan Ryan asked the Minister for Education and Skills the position regarding the application by a school (details supplied) in County Dublin for the construction of permanent classrooms to replace prefabs which are costing the school tens of thousands of euro in rent per annum; and if he will make a statement on the matter. [5490/12]

My Department has asked the school, referred to by the Deputy, for further information relating to its application for permanent accommodation. When this information is received the application will be assessed and a decision on the matter will be conveyed to the school authority.

Question No. 242 answered with Question No. 188.

Schools Building Projects

Maureen O'Sullivan

Question:

243 Deputy Maureen O’Sullivan asked the Minister for Education and Skills if he will include a school (details supplied) in Dublin 7 on the schools building programme this year, particularly in view of the fact that the school has been in unsuitable and inadequate premises for more than 16 years; and if he will make a statement on the matter. [5591/12]

I wish to advise the Deputy that my Department is currently in the process of acquiring a site for the school to which she refers. An application for planning permission forms part of the site acquisition process. A draft design for the school was discussed with the school authority and the design is currently being revised in light of those discussions.

The Government's Medium Term Infrastructure and Capital Investment Framework, which was published on 10th November 2011, sets out the demographic challenge facing the education system in the coming years.

In view of the need to ensure that every child has access to a school place, the delivery of major school projects and smaller projects devolved to schools to meet the demographic demands nationally as well as the demands in the area to which the Deputy refers, will be the main focus for capital investment in schools in the coming years.

I have previously committed to publishing shortly a five year plan outlining the school building projects to be constructed in that time.

School Enrolments

Brendan Smith

Question:

244 Deputy Brendan Smith asked the Minister for Education and Skills the number of primary schools in each county with an enrolment of 86 pupils or less. [5594/12]

A full list of primary schools in county order with their enrolments can be found on my Department's website at the following link http://www.education.ie/home/home.jsp?pcategory=10917&ecategory=12016&language=EN

Questions Nos. 245 to 251, inclusive, answered with Question No. 208.

Schools Building Projects

Brendan Smith

Question:

252 Deputy Brendan Smith asked the Minister for Education and Skills the position regarding a building project at schools (details supplied) in County Meath, in view of the fact that the projects were transferred to the National Development Finance Agency; and if he will make a statement on the matter. [5671/12]

I am pleased to inform the Deputy that accommodation briefs for the two schools referred to by the Deputy have been completed. The appropriate method for delivery of these projects is being considered and final decisions will be communicated to the school authorities in the near future.

Oireachtas Officeholders’ Remuneration

Pearse Doherty

Question:

253 Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform if he will confirm that the Taoiseach, the Tánaiste, Ministers and Ministers of State took a voluntary reduction in pay in March 2011; if he will indicate for each of the positions the salary received before and after the voluntary pay cut; if any of these Oireachtas office holders did not take a voluntary pay cut at this time; if he will name them; and if he will make a statement on the matter. [4765/12]

The Government decided on taking office in March 2011 to reduce the salaries of An Taoiseach, Tánaiste, Ministers and Ministers of State with immediate effect. The reductions were implemented on a voluntary basis by all relevant Officeholders pending passage of the necessary legislation giving statutory effect to the reductions. Section 6(c) of the Financial Emergency Measures in the Public Interest (Amendment) Act, 2011 gave a legislative basis to the pay reductions for Office holders from 1 January 2012.

The effect of these reductions is that the gross annual salary of An Taoiseach has been reduced by nearly 30%, from €285,583 in December 2009 to €214,187 in January 2011 to €200,000 in March 2011. The gross annual salary of the Tánaiste has been reduced by nearly 25% from €245,325 in December 2009 to €197,486 in January 2011 to the current rate of €184,405, that of a Minister by nearly 25% from €225,196 in December 2009 to 181,283 in January 2011 to €169,275 and that of a Minister of State by nearly 16% from €154,740 in December 2009 to €139,266 in January 2010 to the current rate of €130,042.

State Assets

Micheál Martin

Question:

254 Deputy Micheál Martin asked the Minister for Public Expenditure and Reform if the European Commission has agreed to allow a portion of profits from the sale of State assets to be invested in job creation; and if he will make a statement on the matter. [4777/12]

As I have already informed this House, in our discussions during their recent mission to Dublin, the European Commission/ECB/IMF 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.

Pension Provisions

Michael Creed

Question:

255 Deputy Michael Creed asked the Minister for Public Expenditure and Reform if he will confirm that companies who wish to tender for public works contracts can subscribe to pension schemes for their employees other than those offered by the Construction Industry Federation; and if he will make a statement on the matter. [4803/12]

Pension arrangements other than those offered by the Construction Industry Federation may be used as an alternative provided the terms in such arrangements are no less favourable than the terms in the Registered Employment Agreement (Construction Industry Pensions Assurance and Sick Pay).

Where a firm is registered in another Member State of the EU and is working in Ireland and has employees temporarily posted from that jurisdiction who subscribe to a national pension scheme in their own country, then that firm or its employees (who have their own pension arrangements in their own State) do not have to subscribe to an Irish pension scheme that meets the requirement of the REA.

Flood Relief

Dominic Hannigan

Question:

256 Deputy Dominic Hannigan asked the Minister for Public Expenditure and Reform when the Office of Public Works will commence work on the remedial works on the castle stream in Dunboyne, County Meath; and if he will make a statement on the matter. [4916/12]

The responsibility for the maintenance of this channel rests with Meath County Council. Following a request made by Meath County Council after the flood event of 24 October, 2011, the Office of Public Works undertook, on this occasion, to carry out minor maintenance works on the Castle stream on the Council's behalf.

It is planned to commence the works before April, 2012. The works will involve the removal of trees and vegetation from the channel.

Heritage Sites

Catherine Murphy

Question:

257 Deputy Catherine Murphy asked the Minister for Public Expenditure and Reform if he will provide figures, by individual location, for total annual visitors to the Office of Public Works heritage sites in 2009, 2010 and 2011; and if he will make a statement on the matter. [4920/12]

The table below shows visitor numbers for the sites managed by Office of Public Works where a guide service is provided.

In 2009 total visitor numbers were 3,264,969

in 2010 total visitor numbers were 3,267,772

In 2011 total visitor numbers were 3,440,901

These totals do not include visitor statistics for sites such where the public can freely access elements of the site without the visitor centre e.g. Glendalough Monastic site, the Battle of the Boyne site, Mellifont Abbey. These sites may be accessed freely without entering the Visitor Centres. Statistics for seasonal sites such as Loughcrew, Gallarus Oratory or Mellifont Abbey refer to the numbers of visitors to the site when the guide service is present.

These visitor statistics relate to times when sites are manned by OPW Guide Services (Mar./Apr. to Sept., at many sites). The total number of visitors is, therefore, understated, as a lot of tourists visit a number of these sites in the off season.

Site Name

2009

2010

2011

Altamont Gardens

57,975

62,455

47,514

Ardfert Cathedral

4,315

4,525

5,009

Athenry Castle

8,944

11,504

9,303

Aughnanure Castle

26,555

23,976

21,825

Ballyhack Castle

1,966

2,339

2,464

Barryscourt Castle

9,137

9,774

11,226

Battle of the Boyne

41,799

40,334

38,846

Blasket Centre

38,627

42,896

41,717

Boyle Abbey

7,008

6,736

6,201

Brú na Boinne: Visitor Centre

40,406

37,071

43,828

Brú na Boinne: Knowth

51,941

49,414

51,962

Brú na Boinne: Newgrange

130,083

122,785

132,760

Cahir

54,976

52,037

59,822

Carrowmore

25,077

23,177

23,073

Casino Marino

6,502

6,425

12,047

Céide Fields

28,253

26,196

25,885

Charles Fort

58,754

63,608

67,247

Clonmacnoise

144,565

133,015

134,034

Corlea

5,600

5,691

4,937

Derrynane House

21,330

21,576

23,209

Desmond Castle

10,128

9,331

9,681

Desmond Hall

2,823

3,324

3,702

Donegal Castle

39,133

36,637

36,678

Dublin Castle

127,740

129,722

141,849

Dún Aonghasa

107,667

109,351

107,244

Dungarvan Castle

6,622

9,730

9,983

Dunmore Cave

28,173

25,939

30,024

Emo Court

6,092

5,589

5,776

Ennis Friary

9,368

0

0

Ferns Castle

4,509

5,081

5,314

Gallarus

44,000

44,004

41,024

Garinish Island

49,639

53,945

53,102

Glebe House and Gallery

22,148

26,377

24,321

Glendalough Visitor Centre

80,336

70,081

80,726

Hill of Tara

11,441

12,878

11,628

J F Kennedy Arboretum (inc-seasonal card user numbers)

68,931

67,852

86,007

Jerpoint Abbey

23,885

20,555

21,534

Kilkenny Castle

170,865

192,777

206,277

Kilmainham Gaol

285,974

278,108

294,095

Listowel

2,232

2,257

2,182

Loughcrew

7,857

7,340

7,491

Main Guard

9,409

6,979

6,198

Maynooth Castle

7,081

8,799

9,444

Mellifont Abbey

12,499

14,315

14,224

Newmills

4,001

3,746

3,298

Ormond Castle

8,218

8,108

9,539

Parke’s Castle

14,283

14,765

13,460

Pearse Museum

13,769

16,669

16,528

Pearse’s Cottage

5,064

6,194

5,609

Phoenix Park

83,615

101,005

121,487

Portumna Castle

15,393

15,428

14,073

Rathfarnham Castle

7,206

6,232

9,506

Reginald’s Tower

12,305

13,065

29,368

Rock of Cashel

221,481

204,270

233,038

Roscrea Heritage

5,626

4,730

3,402

Ross Castle

22,619

20,354

25,509

Skellig Michael

10,642

12,343

9,750

Scattery Island

1,362

1,584

1,344

Sligo Abbey

10,403

9,623

10,706

St. Audoen’s Church

30,210

33,837

25,927

St. Mary’s Abbey

1,144

2,297

2,816

St. Mary’s Church, Gowran

2,592

2,544

2,987

Swiss Cottage

19,089

22,319

20,939

Tintern Abbey

6,047

6,093

7,169

Trim Castle

61,240

59,416

59,127

Castletown

10,353

11,794

11,432

Farmleigh

245,937

269,904

315,464

Aras

5,000

5,500

6,010

Botanics — Gardens

545,005

529,447

501,000

Totals

3,264,969

3,267,772

3,440,901

Members’ Allowances

Pearse Doherty

Question:

258 Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform if he will detail the full provisions of the party leaders’ allowance as it is paid to independent TDs, including the amounts of money paid out to individual TDs on an annual basis since 2001; the tax liability of this allowance; the accounting and auditing practice for the allowances; the range of activities covered by this allowance; his plans to introduce legislation on this matter outlining the purpose of the legislation and its intended publication date; and if he will make a statement on the matter. [4963/12]

As indicated in my replies to Parliamentary Questions No. 40637 on 15th December last, No. 3118 on 19th January and No. 3848 on 24th January this year, I intend to bring proposals to Government shortly in relation to the Party Leader's Allowance.

The Party Leader's Allowance is provided for in the Oireachtas (Ministerial and Parliamentary Offices) Act, 1938, as amended by the Oireachtas (Ministerial and Parliamentary Offices (Amendment) Act, 2001.

The allowance is paid to the parliamentary leader of a qualifying party in relation to expenses arising from the parliamentary activities, including research, of the party. Payments are made in respect of members of the party elected to Dáil Éireann and members elected/nominated to Seanad Éireann at the last preceding general election, or a subsequent bye-election or, in the case of Seanad Éireann, nominated to it after the last preceding general election.

The legislation provides that payments may be made to a member of Dáil Éireann, who at the last preceding general election or at a subsequent bye-election was elected as a member other than as a member of a qualifying party, i.e. an Independent Member. Such qualifying Independent TDs are entitled to an annual rate of €41,152. A similar provision in the Act provides for an annual payment of €23,383 for Independent Senators

The annual amounts paid in respect of each Independent TD since 2001, as requested by the Deputy, are set out below at Appendix 1. The allowances are generally payable monthly in arrears into a bank account specified by the beneficiary of the allowance. The Party Leader's Allowance is not subject to tax.

The conditions governing entitlement to payment of the allowance are set out in the Act. The Act prescribes 11 different categories of expenditure, including research, which are regarded as expenses arising from parliamentary activities for the purposes of entitlement to the allowance. These are set out at Appendix II. The primary restriction in the Act on the use of the allowance is that it may not be used in respect of election expenses.

The 2001 Act gives a statutory oversight role in relation to the Party Leader's Allowance to the Standards in Public Office (SIPO) Commission. This requires each party leader to prepare a statement of expenditure for the allowance, to have it audited by an independent auditor and furnish it with the auditor's report to the Commission. Based on the accounts submitted, the Commission is required to make a report to the Minister in relation to the use of the Party Leader's Allowance and cause a copy of the report to be laid before the Oireachtas. Allowances paid to Independent members are not subject to these oversight provisions. Any changes to the matters prescribed in the Act require primary legislation.

Appendix I

Independent TDs

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

Harry Blaney

€21,307.41

€9,954.55

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

Thomas Gildea

€21,307.41

€9,954.55

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

Paudge Connolly

€0.00

€18,990.75

€30,648.96

€31,883.51

€33,809.28

€36,947.54

€12,893.48

€0.00

€0.00

€0.00

€0.00

James Breen

€0.00

€18,990.75

€30,648.96

€31,883.51

€33,809.28

€36,947.54

€12,893.48

€0.00

€0.00

€0.00

€0.00

Niall Blaney

€0.00

€18,990.75

€30,648.96

€31,883.51

€33,809.28

€36,947.54

€12,893.48

€0.00

€0.00

€0.00

€0.00

Finian McGrath

€0.00

€18,990.75

€30,648.96

€31,883.51

€33,809.28

€36,947.54

€36,877.55

€40,317.03

€41,151.96

€41,151.96

€39,437.30

Paddy McHugh

€0.00

€18,990.75

€30,648.96

€31,883.51

€33,809.28

€36,947.54

€12,893.48

€0.00

€0.00

€0.00

€0.00

Jerry Cowley

€0.00

€18,990.75

€30,648.96

€31,883.51

€33,809.28

€36,947.54

€12,893.48

€0.00

€0.00

€0.00

€0.00

Marian Harkin

€0.00

€18,990.75

€30,648.96

€31,883.51

€33,809.28

€36,947.54

€12,893.48

€0.00

€0.00

€0.00

€0.00

Dr. Liam Twomey

€0.00

€18,990.75

€30,648.96

€31,883.51

€33,809.28

€36,947.54

€12,893.48

€0.00

€0.00

€0.00

€0.00

Seamus Healy

€21,307.41

€28,945.29

€30,648.96

€31,883.51

€33,809.28

€36,947.54

€12,893.48

€0.00

€0.00

€0.00

€34,783.20

Jackie Healy Rae

€21,307.41

€28,945.29

€30,648.96

€31,883.51

€33,809.28

€36,947.54

€36,877.55

€40,315.03

€41,151.96

€41,151.96

€4,654.09

Tony Gregory

€21,307.41

€28,945.29

€30,648.96

€31,883.21

€33,809.28

€36,947.54

€36,877.55

€40,315.03

€221.25

€0.00

€0.00

Michael Lowry

€21,307.41

€28,945.29

€30,648.96

€31,883.51

€33,809.28

€36,947.54

€36,877.55

€40,315.03

€41,151.96

€41,151.96

€39,437.30

Mildred Fox

€21,307.41

€28,945.29

€30,648.96

€31,883.51

€33,809.28

€36,947.54

€12,893.48

€0.00

€0.00

€0.00

€0.00

Catherine Murphy

€0.00

€0.00

€0.00

€0.00

€27,752.04

€36,947.54

€12,893.48

€0.00

€0.00

€0.00

€34,783.20

Beverly Flynn

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€23,984.07

€40,319.50

€0.00

€0.00

€0.00

Maureen O Sullivan

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€24,005.31

€41,151.96

€39,437.30

Shane Ross

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€34,783.20

Michael Wallace*

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

Michael Healy Rae

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€34,783.20

Noel Grealish

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€34,783.20

Stephen Donnelly

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€34,783.20

Luke “Ming” Flanagan

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€34,783.20

John Halligan

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€34,783.20

Mattie McGrath

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€34,783.20

Thomas Pringle

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€34,783.20

Tom Fleming

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€0.00

€34,293.30

Total

€149,151.87

€316,561.55

€398,436.48

€414,485.33

€467,272.68

€517,265.56

€300,429.07

€201,581.62

€147,682.44

€164,607.84

€505,091.29

Appendix II

Relevant expenditure for the purposes of the Party Leader’s Allowance

Expenses arising from parliamentary activities, including research includes expenditure on the following categories—

1. the general administration of the parliamentary activities of a qualifying party,

2. the provision of technical or specialist advice likely to be required in connection with legislative proposals or potential parliamentary initiatives,

3. research and training,

4. policy formulation,

5. the provision of consultants' services, including the engagement of public relations consultants,

6. polling or public attitude sampling in connection with parliamentary debates or initiatives,

7. the purchase of support services for a parliamentary party from the party,

8. the payment to a parliamentary leader of any salary or honorarium in respect of duties arising from his or her activities as such leader as distinct from those of a member of Dail Eireann or a holder of a ministerial office,

9. the payment to another person of any salary or honorarium in respect of duties arising from the person's activities in a parliamentary party,

10. the provision for, or recoupment of, transport and personal expenditure incurred by a parliamentary leader, officers or a parliamentary party spokesperson as a result of their parliamentary party function,

11. entertainment.

Heritage Sites

Brian Walsh

Question:

259 Deputy Brian Walsh asked the Minister for Public Expenditure and Reform if plans to close the visitor centre at Dún Aengus on Inis Mór, County Galway, for two days per week will be reviewed in view of concern that the historical site could be subjected to damage in the absence of supervision; and if he will make a statement on the matter. [5384/12]

Dún Aonghusa Visitor Centre is generally open to visitors daily on a year round basis. The Visitor Centre is currently operating on a six day week due to staff shortages. The Centre will return to a seven day opening when staff resources allow. The site itself is freely accessible to visitors at all times day and night.

Dún Aonghusa is under the supervision of a caretaker resident on Inis Mor. He monitors the site and ensures that any necessary repairs or incidents of damage is reported to the OPW District Office for its attention and repair.

Museum Projects

Gerald Nash

Question:

260 Deputy Gerald Nash asked the Minister for Public Expenditure and Reform the date on which a company (details supplied) commenced work on a project at a national institution; the date on which the work was completed; the moneys paid to the company; and if he will make a statement on the matter. [5528/12]

The company in question was engaged by the Office of Public Works to undertake work at the Natural History Museum from August 2009 to April 2010.

Payments made to the company in respect of these works totalled €34,000 in 2009 and €63,940 in 2010.

The works involved the installation of safety netting below a high level glass ceiling and works associated with high level access to plinths and ceiling areas.

Public Sector Recruitment

Dominic Hannigan

Question:

261 Deputy Dominic Hannigan asked the Minister for Public Expenditure and Reform if the Valuation Office will be one of the areas of the public sector that will see targeted recruitment this year in view of the large volume of work that has to be done in relation to the revaluations currently being undertaken by the office; and if he will make a statement on the matter. [4766/12]

The Government is committed to reducing Public Service numbers to 282,500 by 2015. Given the importance of meeting this challenging numbers target, any recruitment will be limited and targeted towards areas of most need. It is not the general policy to comment on specific offices until decisions on business cases have been made.

I reiterate what I have stated previously to the Deputy, that the Commissioner of Valuation is examining options to speed up the valuation process, including the introduction of a Self Assessment approach to valuation, accompanied by appropriate controls, and outsourcing some of the work. As well as helping to speed up the national programme, an element of outsourcing, if it proves practicable, would allow comparison of the Valuation Office productivity and costs with those in the private sector.

The enabling provisions to allow for these changes are included in proposals for amending legislation which were approved by Government on 6th December, 2011 and are now with the Attorney General's Office for drafting of the proposed Valuation (Amendment) Bill. Preparatory work is continuing in drawing up the detailed schemes and, subject to the enactment of the legislation and availability of the necessary resources, I understand that the intention would be to initiate pilot revaluations using the self-assessment and outsourcing options in two local authority areas.

As a further means of speeding up the revaluation programme generally and to accelerate the necessary capture of data on properties throughout the country, in advance of the roll-out to particular areas, a dedicated data-capture unit is being set up. The Valuation Office is also looking for applicants under the JobBridge scheme being sponsored by the Department of Social Protection.

Flood Relief

Finian McGrath

Question:

262 Deputy Finian McGrath asked the Minister for Public Expenditure and Reform if he will provide an update on flood prevention measures on the River Wad in Dublin North Central and the completion date of same. [4785/12]

A flood relief scheme for the Donnycarney area of Dublin City on the River Wad is being designed and progressed by Dublin City Council. It is understood that the city council will soon commence the planning process for the scheme through Part 8 of the Planning and Development Regulations, which will involve public consultation in relation to the proposals.

Subject to a successful outcome to the planning process, it is expected that works could commence in the latter part of this year. The Office of Public Works will undertake the works on behalf of the council once planning approval has been obtained. It is expected that works would be completed within twelve months of commencement.

Local Authority Staff

Brendan Griffin

Question:

263 Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform if additional staff will be hired for the maintenance of the banks of the River Maine in County Kerry; and if he will make a statement on the matter. [4822/12]

A team of three seasonal staff will be hired to carry out scheduled maintenance work on the River Maine in 2012. This is the same number as was hired in 2011.

Public Service Staff

Patrick Nulty

Question:

264 Deputy Patrick Nulty asked the Minister for Public Expenditure and Reform the number of staff members due to retire from the public service by end of February broken down by Department and officer grade; and if he will make a statement on the matter. [4828/12]

Latest figures from across the Public Service, excluding the Health Sector, indicate that over 4,000 are expected to retire in the first two months of 2012.

The sectoral breakdown of the application numbers is as follows:

Sectoral Breakdown

Education Sector

2,000

Civil Service

1,008

Local Authorities

730

Defence Forces

241

Gardaí

293

Total

4,272

In the Health Sector the data is based on the period September to February, and about 3,500 are expected to retire in that timeframe.

These figures are based on data reported by all the public service employers about the number of retirement applications received. In some instances staff will withdraw their application to retire due to personal circumstances and there are also cases where individuals who wish to retire have not given the full 3 months notice requested by the employer.

The number of actual retirements and full details of the grades of the retirees will not be available until after the end of February.

Pearse Doherty

Question:

265 Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform if he will provide a full list of public sector professions that provide extended leaves of absence or career breaks for staff members elected to the Oireachtas; the legislative basis for such leaves of absence or extended career breaks; if he will provide a full list of all sitting Deputies and Senators currently availing of this facility; the total cost to the State arising from these arrangements; and if he will make a statement on the matter. [4915/12]

My Department does not have access to the details of the arrangements entered into by individual Members of the Oireachtas with regard to career breaks or leaves of absence from their professions and occupations.

The Deputy may wish to consider making an approach to the Houses of the Oireachtas Commission for information on this matter.

Departmental Expenditure

Terence Flanagan

Question:

266 Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform if he will provide a breakdown of moneys spent on refurbishment (details supplied); and if he will make a statement on the matter. [4978/12]

In response to the Deputy's question some €10,131 can be attributed to costs incurred in relation to refurbishment in my Department.

Cost Breakdown

Costs €

Details

3,204

Painting of rooms and laying of carpet.

4,369

Plumbing and Electrical Works.

2,558

Painting and Decorating.

Proposed Legislation

Pat Breen

Question:

267 Deputy Pat Breen asked the Minister for Public Expenditure and Reform if he will report on the status of whistleblower legislation; and when he expects this legislation will come before Dáil Éireann. [4998/12]

My Department is at an advanced stage in finalising legislative proposals as a basis for the drafting of a whistleblower protection Bill in line with the commitment including in the Programme for Government.

I will be bringing Draft Heads of a Bill to Government for approval within the next two weeks and it is hoped that the Bill will be published shortly thereafter.

Departmental Staff

Gerry Adams

Question:

268 Deputy Gerry Adams asked the Minister for Public Expenditure and Reform the salaries and allowances paid to his private secretary and to the Secretary General of his Department; if he has given any consideration to reductions in salaries or allowances for private secretaries since the Government came to office, or if any have been implemented; and if he will make a statement on the matter. [5033/12]

In line with the reduced pay rates introduced by myself in June 2011 for senior positions in the public service, the annual salary of the Secretary General of my Department is €200,000, no allowances are payable to any Secretary General. The position of private secretary to the Minister is currently staffed in my Department by a civil servant at Administrative Officer level who receives an allowance of €20,685 per annum in respect of the extra duties and responsibilities attaching to the post including extra attendance outside normal hours.

The allowance for private secretaries to Ministers was reduced by 5% on 1 January 2010 under the Financial Emergency Measures in the Public Interest (No. 2) Act 2009. In December last, I announced that all Departments will have to achieve a reduction of 5% in the cost of allowances and premium payments in 2012. In this regard all allowances in the public service, including the allowance payable to private secretaries to Ministers, are currently subject to a review led by my Department.

Appointments to State Boards

Gerry Adams

Question:

269 Deputy Gerry Adams asked the Minister for Public Expenditure and Reform if he will provide a breakdown of the number of appointments that have been made to State boards by him since he came to office, including the names of the appointees and the boards they have been appointed to; the number of these appointments that have been made using new procedures involving the advertising of such posts on his Department’s websites and the interview of the chairperson of boards by Oireachtas committee; if he will highlight situations where this process has not occurred; and the reason it has not occurred in each case. [5049/12]

In response to the Deputy's question, the following are appointments made to bodies under the aegis of my Department since 9 March 2011:

An Post National Lottery

Name of Appointee

Date Appointed

Mr. Donal Connell — Chairman

re-appointed until 28th February 2012.

I re-appointed Mr. Connell as chairman until 28th February 2012. This was to allow time for Mr. Connell to appear before the Joint Oireachtas Committee on Finance and Public Expenditure and Reform in accordance with Government policy, prior to being appointed for the normal term of office. Mr. Connell appeared before the Joint Committee on 14th December 2011. I intend to re-appoint Mr. Connell as chairman with effect from 1st March 2012 shortly.

Civil Service Arbitration Board

Name of Appointee

Date Appointed

Mr. Turlough O’Donnell, S.C. (Chair)

Appointed 1 July 2011

Mr. Gerard Barry

Mr. Tom Wall

Mr. George Maybury

Mr. Hugh O’Flaherty

The new procedures were not used in this case and the Chairman was not interviewed by Oireachtas.

The conciliation and arbitration scheme for the Civil Service, the Permanent Defence Forces, the Garda and Teachers sets out the nomination process for the Board and its appointment by Government

Public Appointments Service

Name of Appointee

Date Appointed

Mr. Eddie Sullivan, Chairman

All Members appointed on 1 Sep. 2011

Mr. Des Dowling, Assistant Secretary — Department of the Environment, Community and Local Government

Dr Deirdre O’Keeffe, Assistant Secretary — Department of Justice and Equality

Patricia Coleman, Director — Department of Public Expenditure and Reform

Mr. Seán McGrath — National Director of Human Resources in the Health Service Executive

Ms Judith Eve — former Chairperson the Civil Service Commissioners, Northern Ireland

Dr. Eddie Molloy — Management Consultant

Mr. Dan Murphy, former General Secretary of the Public Service Executive Union

Mr. Bryan Andrews as Chief Executive Officer of the Public Appointments Service holding office on an ex officio basis.

The appointments were not made using the new procedures and the previous Chairman was reappointed to the role on the new board.

The reason for not following the new procedures in relating to board appointments is that the Public Service Management (Recruitment and Appointments) Act, 2004 states that the Minister for Public Expenditure and Reform (in consultation with Minister for the Environment, Community and Local Government, the Minister for Health and the Minister for Justice, Equality and Defence) should appoint members of the Board of the Public Appointments Service.

The Board is meant to be representative of its client base i.e. (Government Departments and Public Service Bodies). The majority of the board are therefore civil or public servants, nominated by the relevant Minister. There is also a union representative nominated by the Irish Congress of Trade Unions (ICTU). I reappointed the outgoing Chairman.

I approved the appointment of the two external members because of their expertise in strategic change and public service recruitment respectively.

Child Care Facilities

Olivia Mitchell

Question:

270 Deputy Mary Mitchell O’Connor asked the Minister for Public Expenditure and Reform if he will provide the following information in respect of his Department and State agencies under his aegis; if any action will be taken in cases in which free or subsidised child care facilities have been provided and the benefit in kind taxation provisions of the Finance Act 2011 have not been applied. [5312/12]

Olivia Mitchell

Question:

271 Deputy Mary Mitchell O’Connor asked the Minister for Public Expenditure and Reform if he will provide the following information in respect of his Department and State agencies under his aegis: in cases in which free or subsidised child-care facilities are being provided, if benefit is provided to be employees concerned, with effect from 1 January 2011, as required under the Finance Act 2011. [5328/12]

Olivia Mitchell

Question:

272 Deputy Mary Mitchell O’Connor asked the Minister for Public Expenditure and Reform if his Department or the State agencies under his aegis provide free or subsidised child care facilities for its employees. [5344/12]

I propose to take Questions Nos. 270 to 272, inclusive, together.

In Budget 2001, the Minister for Finance allocated €12.7m for the provision of crèches for the children of civil servants. The allocation was part of a major initiative by the Government to improve childcare provision and increase the number of child care places available. At that time, the absence of quality child care places which restricted the participation of women in the labour force had been identified as a constraint on Ireland's economic growth. The provision of child care places was identified as an important mechanism for mobilising under utilised labour resources.

Over the following seven years, seven crèches were taken over or completed under the Child care Initiative. The seven crèches are located in Athlone, Celbridge (Backweston), Cork, Ennis, Sligo and Dublin (Mount Street and Marlborough Street). There are three different private operators responsible for running the crèches. Contracts to these operators were awarded following tender processes. The crèches can accept the children of staff working in the wider public service also.

The Initiative was the subject of a Value for Money and Policy Review which was published in November 2008. Arising from this review, work on pursuing additional crèches under the auspices of the Initiative ended.

The fees charged by the crèches are paid by parents directly to the private operators. Responsibility and related current funding for the maintenance of civil service crèche buildings rests with the Office of Public Works (OPW). My Department retains the responsibility for any policy issues relating to the crèches and chairs the Board of the Initiative. The Board also has representatives from the OPW, the Department of Children and the Civil Service Unions.

My Department is in discussion with the Office of the Revenue Commissioners on the implications of the relevant benefit in kind taxation provisions and the arrangements that need to be made in order to comply with the relevant provisions of the 2011 Finance Act and will communicate the outcome to all Government Departments.

Archaeological Sites

Sean Fleming

Question:

273 Deputy Sean Fleming asked the Minister for Public Expenditure and Reform if he will supply details about an archaeological area that was encountered during the ongoing reconstruction works on Chesterfield Avenue in the Phoenix Park, Dublin, particularly whether the potential necessity of archaeological work was taken into account when the original construction period of 12 weeks was announced, in view of the fact that the existence of the Star Fort in this area of the Phoenix Park is well documented; and if he will make a statement on the matter. [5385/12]

Sean Fleming

Question:

274 Deputy Sean Fleming asked the Minister for Public Expenditure and Reform if he will supply details in relation to the works on the archaeological area which he has said was encountered during the ongoing reconstruction works on Chesterfield Avenue in the Phoenix Park, Dublin; the external archaeological services or companies, if any, that were employed to undertake this work; the cost of this work; the duration of these specific works; and if he will make a statement on the matter. [5386/12]

Sean Fleming

Question:

275 Deputy Sean Fleming asked the Minister for Public Expenditure and Reform if he will supply details of the specific weather-related factors which caused the delay to the original 12 week construction period of Chesterfield Avenue in the Phoenix Park which commenced on 3 October 2011, including a breakdown of the number of work days lost and the specific weather-related cause of this disruption since 3 October; and if he will make a statement on the matter. [5387/12]

I propose to take Questions Nos. 273 to 275, inclusive, together.

It was a requirement of the Tender for these works that the Main Contractor appoint a registered Archaeologist to monitor all excavation works, incorporating the cost of this engagement in his overall fixed tender price. The Main Contractor appointed for these works was Clonmel Enterprises Ltd. who engaged Valerie J. Keeley Ltd., as the Archaeological Consultants for this project.

When the archaeological issue was encountered, located on the site of the two ponds at the outer extremes of the original Star Fort, there was an immediate referral to the National Monuments Service (NMS) of the Department of Arts, Heritage and the Gaeltacht. Under the direction of Valerie J. Keeley Ltd., Clonmel Enterprises Ltd. was required to extract all materials from the two identified areas. Archaeologists from Valerie J. Keeley Ltd. undertook the Archaeological Investigation of the area which constituted examination of the silky clay surrounds of the Star Fort and of the extracted materials in compliance with the Ministerial Licence that had to be obtained on foot of this discovery. The estimated cost of the archaeological investigation is €23,195.

Heavy rainfall and the presence of natural springs in certain areas of the road, gave rise to an unacceptable level of water retention in the foundation levels of stretches of the road. Additional excavation and remedial drainage measures were necessary. This, and the aforementioned reconciliation of the unforeseen archaeology, are responsible for the delay to date. Final completion is expected shortly but is dependent on favourable weather conditions for the laying of bitumen/tarmacadam.

Departmental Staff

Sean Fleming

Question:

276 Deputy Sean Fleming asked the Minister for Public Expenditure and Reform, further to Parliamentary Question No. 251 of 24 January 2012, the date on which normal retirement age will occur in respect of the person referred to in section (a) of the last paragraph of his response; the amount expected to be paid by the organisation to his Department at that time based on current salary rates; and if he will make a statement on the matter. [5480/12]

The individual retired from the Houses of the Oireachtas Service in 2010 under the Cost Neutral Early Retirement Scheme and will reach normal retirement age in March of this year. The Deputy may wish to note that the officer was a Civil Servant and not a direct employee of a Member of the Oireachtas or of a Minister/Minister of State.

Following my reply to Question No. 251 on 24 January, I have since been informed that, under the terms of the Public Sector Transfer Network as they apply in this particular case, the organisation in question is not obliged to make a contribution towards the retirement benefits of the individual in question because the transfer is deemed to be a pre-operative date transfer.

Every organisation in the Transfer Network has its own ‘operative date' which is usually the date the organisation was designated as an ‘approved organisation' for the purpose of Section 4 of the Superannuation and Pensions Act 1963. When it comes to an individual transfer case, the provisions of the Network state that the case must be categorised as being either a pre-operative date or a post-operative date transfer. Such categorisation is determined by the later of the operative dates of the two organisations involved. If the person left the first organisation before that date, the case is deemed to be pre-operative; if s/he left after the operative date, the case is a post-operative one. The scheme provides that organisations are obliged to accept post-operative date transfers, but may refuse to accept those which are pre-operative. However, where an organisation decides to accept a pre-operative date transfer, the scheme states that the former organisation is not obliged to make a contribution to the second organisation. The Civil Service accepts all pre-operative date transfers even though it may not receive a contribution from the previous organisation.

Luke 'Ming' Flanagan

Question:

277 Deputy Luke ‘Ming’ Flanagan asked the Minister for Public Expenditure and Reform if he will consider extending a career break for an employee of a local authority from three years to five years (details supplied) on the basis that it will save the Exchequer funds. [5535/12]

My Department has responsibility for the career break scheme for civil servants, which is governed by Circular 18/1998. I understand that, under section 159 of the Local Government Act 2001, each County and City Manager is responsible for the day to day staffing and organisational arrangements necessary for carrying out the functions of the local authority for which he or she is responsible. Accordingly, career break requests are entirely a matter for the local authority manager concerned.

Mary Lou McDonald

Question:

278 Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform the current salary scale, including the pay spine, for civil service positions (details supplied). [5537/12]

The information requested is available from my Departments website http://per.gov.ie. I would bring the Deputy’s attention to circulars 28/2009 dated 22 December 2009 — Revisions of pay of Civil Servants: Application of pay adjustments in accordance with the Financial Emergency Measures in the Public Interest (No. 2) Act 2009 and circular 18/2010 dated 23 December 2010 — Reduction of 10% in the pay rates and fixed term allowances of persons to be recruited to certain direct entry grades to the Civil Service.

Departmental Agencies

Mary Lou McDonald

Question:

279 Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform if he will provide a full list of all non-commercial State agencies, various other bodies some of whom are assumed to be State agencies, offices of State, executive offices, separate divisions of Departments and other entities such as the Heritage Council or Top Level Appointments Commission. [5539/12]

The Government is committed to a programme of public service reform and improvement. As part of the work in this area, we are looking at classifications and listings of State Agencies in order to produce more coherent and focused directories of services for citizens and the Oireachtas.

Broadly the position is that there are firstly a number of offices of State which typically are staffed by Civil Servants and have their own Vote for the allocation of public monies and which are within a Vote Group. The list of such bodies is set out at Appendix 1.

Secondly there are non-commercial state bodies who are usually staffed by Public Servants and funded (or part funded) through a grant-in-aid from their parent Department. A list of such bodies is set out at Appendix 2.

Beyond that within each Department there would be many other executive offices, divisions and directorates, operational or consultative groupings, task groups or forums that exist for various purposes that might or might not meet the definition of ‘entity'. Many of these groups are transient in nature in response to the needs and business pressures of particular Departments and sectors and details of which would not be held centrally. Questions on such bodies should be directed to the relevant Ministers. The internal organisation of my own Department is set out at Appendix 3.

Appendix 1

Offices of State etc. with their own Vote

Vote

Service

1

PRESIDENT’S ESTABLISHMENT

3

OFFICE OF THE ATTORNEY GENERAL

4

CENTRAL STATISTICS OFFICE

5

OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS

6

CHIEF STATE SOLICITOR’S OFFICE

8

OFFICE OF THE COMPTROLLER AND AUDITOR GENERAL

10

OFFICE OF THE APPEAL COMMISSIONERS

14

STATE LABORATORY

16

VALUATION OFFICE

17

PUBLIC APPOINTMENTS SERVICE

18

OFFICE OF THE COMMISSION FOR PUBLIC SERVICE APPOINTMENTS

19

OFFICE OF THE OMBUDSMAN

23

PROPERTY REGISTRATION AUTHORITY

The above table does not include the Revenue Commissioners, the Office of Public Works, the Courts or the Prisons Services all of which are generally understood to be part of the Civil Service, the Garda or HSE Votes each of which are specific sectors, or the National Gallery which is a cultural institution with its own Vote

Appendix 2

Non-Commercial State Agencies by Vote Group

Taoiseach

National Economic and Social Development Office

Justice Group

Human Rights Commission

National Disability Authority

Environment

An Bord Pleanála

An Chomhairle Leabharlanna

Dublin Docklands Development Authority

Environmental Protection Agency

Housing Finance Agency

Interim Housing and Sustainable Communities Agency

Irish Water Safety

Limerick Northside Regeneration Agency

Limerick Southside Regeneration Agency

Local Government Computer Services Board

Local Government Management Services Board

National Building Agency

Private Residential Tenancies Board

Radiological Protection Institute of Ireland

Western Development Commission

Education Group

Foras Áiseanna Saothair

Further Education and Training Awards Council (FETAC)

Grangegorman Development Agency

Higher Education and Training Awards Council (HETAC)

Higher Education Authority

Irish Research Council for Science, Engineering and Technology

Irish Research Council for the Humanities and Social Science

National Centre for Technology and Education

National Qualifications Authority of Ireland

The Teaching Council

CENR

Broadcasting Authority of Ireland

Commission for Communication Regulation

Commission for Energy Regulation

Digital Hub Development Authority

Foyle, Carlingford and Irish Lights Commission

Inland Fisheries Ireland

National Oil Reserves Agency

Ordnance Survey Ireland

Sustainable Energy Authority of Ireland

Health Group

An Bord Altranais — The Nursing Board 1985

Blood Transfusion Service

Dental Council 2001

Food Safety Authority of Ireland

Food Safety Promotion Board

Health and Social Care Professionals Council 2007

Health Information and Quality Authority

Health Insurance Authority

Health Research Board

Irish Medicines Board

Medical Council

Mental Health Commission

National Cancer Registry Board

National Paediatric Hospital Development Board

National Treatment Purchase Fund

Opticians Board 1956

Pharmaceutical Society of Ireland 1875

Pre-Hospital Emergency Care Council

Agriculture

Bord Bia

Bord Iascaigh Mhara

Marine Institute

Sea Fisheries Protection Authority

Teagasc

Enterprise Group

City and County Enterprise Boards

Competition Authority

Enterprise Ireland

Forfás

Health and Safety Authority

IDA Ireland

InterTrade Ireland

Irish Auditing and Accounting Supervisory Authority

National Consumer Agency

National Standards Authority of Ireland

Personal Injuries Assessment Board

Science Foundation Ireland

SFADCo Ltd (Industrial)

Transport

Commission for Aviation Regulation

Fáilte Ireland

Irish Sports Council

Medical Bureau of Road Safety

National Roads Authority

National Sports Campus Dev Authority

National Transport Authority

Railway Safety Commission

Road Safety Authority

SFADCo (Tourism)

Tourism Ireland

Arts, Heritage and Gaeltacht

Arts Council

Boord of Ulster-Scotch (An Foras Teanga)

Bord Scannan na hÉireann (Irish Film Board)

Chester Beatty Library

Crawford Gallery

Foras na Gaeilge (An Foras Teanga)

Heritage Council

Irish Museum of Modern Art

National Concert Hall

National Library of Ireland

National Museum of Ireland

Údarás na Gaeltachta

Waterways Ireland

Social Protection

Citizens Information Board

Pensions Board

Children and Youth Affairs

Family Support Agency

National Education Welfare Board

Office of the Ombudsman for Children

The Adoption Authority

PER GROUP

IPA

Special EU Programmes Body

Finance

Fiscal Advisory Council

Appendix 3

Internal Organisation of the Department of Public Expenditure

Office of the Chief Medical Officer

Remuneration and Industrial Relations

Human Resources

Public Service and Reform Delivery

Expenditure Policy Evaluation and Management

Labour Market and Enterprise Policy

Health, Pensions Policy and EU/NI

Government Reform unit

Centre for Management and Organisational Development (CMOD) and eGovernment

Civil Service Human Resources

Note all of the above report to the Secretary General of the Department.

Other bodies under my Department would be Top Level Appointments Committee (TLAC), Outside Appointments Board, Public Service Agreement Implementation Body and the Valuation Tribunal.

Proposed Legislation

Maureen O'Sullivan

Question:

280 Deputy Maureen O’Sullivan asked the Minister for Jobs, Enterprise and Innovation his plans to introduce anti-online piracy laws here; if these will restrict the rights of the citizen in terms of freedom of expression and access to information; and if he will make a statement on the matter. [4908/12]

Some background information may be useful in appreciating the context of the proposed legislative instrument. The EU provided in the e-Commerce Directive 2000/31/EC for exemptions from liability for copyright infringement for intermediary service providers in cases of mere conduit, caching and hosting, upon certain conditions. This was to provide a framework for the development of e-commerce and telecommunication industries. Although such providers are thus free from civil and criminal liability in certain circumstances, the EU Copyright Directive 2001/29/EC (as allowed for in the e-Commerce Directive) provides that rights holders must be in a position to apply for injunctions against intermediaries whose services are used by a third party to infringe a copyright or related right.

A High Court judgment has held that, by reason of provisions of the Copyright and Related Rights Act 2000, an injunction is not available in cases of transient communications, and suggested that Ireland did not comply with EU law. As you will appreciate, for a member of the European Union, non-compliance with EU law is a very serious matter. For the avoidance of doubt, it has been decided to introduce a Statutory Instrument to restate the position that was considered to pertain prior to this judgment.

In granting such injunctions the Courts must take account of various judgments of the Court of Justice of the European Union. EU law has held that copyright is not an absolute right but must be balanced with other rights protected by the Charter of Fundamental Rights of the European Union. The Court of Justice of the European Union, on 24 November 2011, clearly laid out these principles that will guide all national courts in future (Case C-70/10-SABAM).

These require that a fair balance be struck between the various fundamental rights protected by the Community legal order and the principle of proportionality. That would include, inter alia, the protection of the fundamental rights of individuals who are affected by such measures, the freedom to conduct a business enjoyed by operators such as Internet Service Providers, the protection of private data and right of freedom of expression and information.

Peter Mathews

Question:

281 Deputy Peter Mathews asked the Minister for Jobs, Enterprise and Innovation his views on a matter (details supplied) regarding legislation on Internet piracy; and if he will make a statement on the matter. [5000/12]

Peter Mathews

Question:

291 Deputy Peter Mathews asked the Minister for Jobs, Enterprise and Innovation his views on a matter (details supplied) regarding legislation on Internet piracy; and if he will make a statement on the matter. [5009/12]

I propose to take Questions Nos. 281 and 291 together.

In relation to the scenario the Deputy has outlined, it is important to mention that copyright holders will not have power to compel the intermediary as stated. The copyright owner will have the right to apply to the High Court for an injunction against an intermediary in respect of works in which he holds the copyright.

The proposed Statutory Instrument allows for the possibility of applying for an injunction only in respect of a particular works. This would have to be considered by a court in its deliberations on the granting of an injunction against an intermediary. Furthermore, all remedies contemplated must be proportionate, as required by the Copyright Directive, and take into account the various judgments of the Court of Justice of the European Union in this area. It is important to note that following the adoption of the Lisbon Treaty, the Charter of Fundamental Rights of the European Union applies to the court when implementing EU law. This means that in considering the grant of an injunction, a court must balance the intellectual property right with the other fundamental rights guaranteed by the Charter, including: Protection of personal data, Freedom of expression and Information, Freedom to conduct a business and right to property.

It is important to note that the requirement being legislated for is to ensure that right holders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe a copyright or related right. It is not a matter of believing or suspecting piracy or simply hosting copyright material. It must be shown that the services in question are used to infringe copyright.

The legislation proposed is a restatement of the situation that was thought to pertain prior to the EMI & ors v UPC judgment in October 2010. It is required in order to clarify Ireland's compliance with Art 8(3) of the Copyright Directive 2001/29/EC.

Sean Fleming

Question:

282 Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation if he will outline proposals for amending legislation regarding copyright holders to compel Internet service providers to block access to websites that they believe are engaged in piracy or hosting copyrighted material; and if he will make a statement on the matter. [5131/12]

An issue arose following a High Court judgment in October 2010 where it was stated that Ireland was not in compliance with its EU obligations under the Copyright Directive 2001/29/EC. It was held that the court could not grant an injunction against an intermediary in relation to internet transient communications. Until this judgment, it had been considered that Ireland was fully compliant with Art 8(3) of the relevant directive and that injunctions were available both under Section 40(4) of the Copyright and Related Rights Act 2000 and by reason of the inherent power of the court in relation to equitable remedies. Following consultation with the Office of the Attorney General it was considered that as the High Court decision was not appealed, it was necessary for Ireland, for the avoidance of doubt, to restate its previous understanding of its compliance with EU law.

Under the proposed legislative measure, an order may be sought by copyright holders only in relation to their own works. Any order against an intermediary will be subject to a judicial process. This must involve due consideration of the rights of other persons likely to be affected, such as internet service providers and consumers. The Charter of Fundamental Rights of the European Union, which has the same status as a Treaty when implementing EU law, must be considered. The Court of Justice of the European Union has held that this must be interpreted in a way which allows a fair balance to be struck between the various fundamental rights protected by the Community legal order and the principle of proportionality. These rights include the right to intellectual property, the important and fundamental human right of protection of private data, the equally important human right of freedom of expression and information and also the right to conduct a business.

It is important to note that the requirement being legislated for is to ensure that right holders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe a copyright or related right. It is not a matter of believing or suspecting piracy or simply hosting copyright material. It must be shown that the services in question are used to infringe copyright.

State Agencies

Michael McNamara

Question:

283 Deputy Michael McNamara asked the Minister for Jobs, Enterprise and Innovation the savings that will be obtained from the closure of the trade office in Taipei, Republic of China; and if he will make a statement on the matter. [5280/12]

Decisions relating to the closure of IDA Ireland's overseas offices are day-to-day operational matters for IDA Ireland in which I have no function.

I am informed by IDA Ireland that the decision to close its Taiwan office, which it shared with Enterprise Ireland, on 31 December, 2011 was solely based on business reasons and that annual savings of €30,000 will result. The Agency has indicated that there have been no new IDA investment projects from Taiwan for several years despite the Agency's pursuit of an active marketing programme in the country during that time. It appears that many Taiwanese companies are now focussed on targeting the vast Chinese market, which has been to the detriment of investment in other regions, such as Europe. This is largely due to the enhanced political and economic co-operation between Taiwan and China in recent years.

IDA Ireland has assured me that, while it will not have an office in Taiwan, it will continue to serve the Taiwan market from its base in Shanghai.

Charlie McConalogue

Question:

284 Deputy Charlie McConalogue asked the Minister for Jobs, Enterprise and Innovation when the new north west regional manager for the Industrial Development Agency took up employment; the operational arrangements for covering the Letterkenny office; and if he will make a statement on the matter. [4769/12]

Under its Horizon 2020 Strategy, which covers the period 2010-2014, IDA Ireland aims to secure 640 investments and create 62,000 direct jobs. The aim is to achieve 50% of these investments in locations outside Dublin and Cork and to transform the existing FDI base across the country to develop, retain and grow employment in existing client companies operating here. Central to IDA's strategy is to build on existing regional strengths to ensure Ireland's economic development, while optimising regional spread, in line with the National Spatial Strategy.

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

In the North West Region IDA had two offices both conducting similar regional activities. Following the Business Transformation Process, it was decided that Regional activities for the North West Region as a whole would continue to be carried out from the Sligo Office where the Regional Business and Relationship Manager for the North West Region, who was appointed in December last, is now based. IDA Ireland's Letterkenny office remains open and the two staff employed there have been assigned new roles and responsibilities focusing on frontline client activities on a national basis. The aim of these measures is to win more business for Ireland and to ensure that IDA focuses on delivering 50% of investments outside Dublin and Cork, prioritising Gateway locations including Letterkenny and Sligo in the North West.

Under the National Spatial Strategy, Letterkenny is one of 9 Gateway locations and will continue to be a key location of focus for the winning of foreign direct investments. The North West Region has 36 IDA client companies employing over 5,300 people. Indeed, Letterkenny had 2 key client announcements last year with the 200 person expansion of United Health Group, who now employ over 400 people, and Zeus, who expanded their manufacturing facility and will create 75 additional jobs. Examples of other client companies in Letterkenny are Pramerica with 800 employees; Sita, 90 employees; Medisize, 140 employees and Abbot with 140 employees.

IDA Ireland has assured me that it will continue to work closely with all of its existing client companies in the region as well as promoting the region, and especially the Gateway locations of Letterkenny and Sligo, for new Foreign Direct Investment.

Proposed Legislation

Anne Ferris

Question:

285 Deputy Anne Ferris asked the Minister for Jobs, Enterprise and Innovation if he will address concerns that have arisen in regards to the proposed statutory instrument that will provide for injunctions for copyright owners in certain circumstances; and if he will make a statement on the matter. [4783/12]

A consultation was held by my Department last July in relation to the wording of the proposed Statutory Instrument. More than 50 submissions were received. Some were from rights holders such as songwriters, authors and their representatives. Others were from telecom companies and businesses that carry out intermediary activities on the internet and still more were from bodies concerned with freedom of expression and data protection issues.

I am most grateful to all who contributed to this consultation. It provided me with an excellent overview of all the issues and concerns involved. Legal advice, which was received with some submissions, was forwarded to the Office of the Attorney General for consideration. Following this, and taking all matters into account, including the opinion and advice of the Attorney General, it is felt necessary that there should be a restatement of the situation which was considered to pertain in Irish law in relation to injunctions against intermediaries prior to the judgment in the EMI & ors v UPC case. This is required in order to clarify Ireland's compliance with Art 8(3) of the Copyright Directive 2001/29/EC.

It is important to note that following the adoption of the Lisbon Treaty, the Charter of Fundamental Rights of the European Union applies to court deliberations when implementing EU law. This means that in considering the grant of an injunction, a court must balance the intellectual property right with the other fundamental rights guaranteed by the Charter, including: Protection of personal data, Freedom of expression and Information, Freedom to conduct a business and the right to property. Any remedy must also be proportionate and follow the principles in this area laid down by the Court of Justice of the European Union.

Seán Kenny

Question:

286 Deputy Seán Kenny asked the Minister for Jobs, Enterprise and Innovation his views on any forthcoming legislation regarding copyright law; his views on the possibility of court orders affecting entire websites when only a small portion of the website might be in breach of the legislation; if purpose and character, the nature of the allegedly infringing work including parody, satire and fair use; if the proportion and amount of any allegedly infringed work will be taken into consideration; and if he will make a statement on the matter. [4814/12]

A consultation was held by my Department last July in relation to the wording of a proposed Statutory Instrument amending Section 40 of the Copyright and Related Rights Act 2000. I am most grateful to all who contributed to this consultation. It provided me with an excellent overview of all the issues and concerns involved. Legal advice, which was received with some submissions was forwarded to the Office of the Attorney General for consideration. Following this, and taking all matters into account, including the opinion and advice of the Attorney General, it is felt necessary that there should be a restatement of the situation which was considered to pertain in Irish law in relation to injunctions against intermediaries prior to the judgment in the EMI & ors v UPC case. This is necessary to ensure Ireland's compliance with the EU Copyright Directive.

The proposed Statutory Instrument allows for the possibility of applying for an injunction only in respect of a particular work. This would have to be considered by a court in its deliberations on the granting of an injunction against an intermediary. Furthermore, all remedies must be proportionate, and following the adoption of the Lisbon Treaty, the Charter of Fundamental Rights of the European Union applies to courts when implementing EU law. This means that in considering the grant of an injunction, a court must balance the intellectual property right with the other fundamental rights guaranteed by the Charter including: Protection of personal data, Freedom of expression and Information, Freedom to conduct a business, Right to property and Consumer Protection.

Specific exemptions in relation to parody and satire are not prescribed in the Copyright and Related Rights Act 2000. The introduction of such exemptions are being considered by the Copyright Review Committee, whose first consultation paper is expected in February. The Committee is also examining the "fair use" doctrine.

Peadar Tóibín

Question:

287 Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the groups he has consulted in the drafting of proposed legislation on Internet copyright. [4815/12]

An issue arose following a High Court judgment in October 2010 where it was stated that Ireland was not in compliance with its EU obligations under the Copyright Directive 2001/29/EC. It was held that the court could not grant an injunction against an intermediary in relation to internet transient communications. Until this judgment, it had been considered that Ireland was fully compliant with Art 8(3) of the relevant directive and that injunctions were available both under Section 40(4) of the Copyright and Related Rights Act 2000 and by reason of the inherent power of the court in relation to equitable remedies.

Following consultation with the Office of the Attorney General it was considered that as the High Court decision was not appealed, it was necessary for Ireland, for the avoidance of doubt, to restate its previous understanding of its compliance with EU law. A public consultation in relation to the content of a draft legislative measure in this regard was held. This received wide publicity at the time. In addition to liaising with the Department of Communications, Energy and Natural Resources, the consultation document was forwarded to bodies such as the Assoc of Trademark and Patent Attorneys, BT Communications Ireland Ltd, Consumers Association of Ireland, Digital Rights Ireland, Eircom, EMI Music Ireland Ltd, Enterprise Ireland, Google, Hinkson Solicitors, IBEC, IDA, IMIR, International Software Federation of Europe, Internet Service Provides Association of Ireland, Irish Copyright Licensing Agency, IRMA, Law Society of Ireland, Microsoft Ireland, O2, UPC, Vodafone, X-tra Vision. Over 50 written submissions were received.

Peadar Tóibín

Question:

288 Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the assessment he has made of the impact that the proposed legislation on copyright infringement will have on freedom of speech and business development on the Internet. [4816/12]

A consultation was held by my Department last July in relation to the wording of a proposed Statutory Instrument amending Section 40 of the Copyright and Related Rights Act 2000. I am most grateful to all who contributed to this consultation. It provided me with an excellent overview of all the issues and concerns involved. Legal advice, which was received with some submissions, was forwarded to the Office of the Attorney General for consideration. Following this, and taking all matters into account, including the opinion and advice of the Attorney General, it is felt necessary that there should be a restatement of the situation which was considered to pertain in Irish law in relation to injunctions against intermediaries prior to the judgment in the EMI & ors v UPC case. This is necessary to ensure Ireland's compliance with the EU Copyright Directive.

This Directive and the Court of Justice of the European Union require that all remedies must be proportionate and that the right of freedom of expression and the right to conduct a business must be balanced with the right to intellectual property in considering the granting of an injunction. The Deputy will be aware that since the adoption of the Lisbon Treaty, the Charter of Fundamental Rights of the European Union must apply when implementing EU law. This means that in considering the grant of an injunction, a court must balance the intellectual property right with the other fundamental rights guaranteed by the Charter which include: Protection of personal data, Freedom of expression and Information, Freedom to conduct a business, Right to property and Consumer Protection.

Industrial Development

Tom Fleming

Question:

289 Deputy Tom Fleming asked the Minister for Jobs, Enterprise and Innovation if he will request the Industrial Development Agency to increase its efforts and promote vigorously all that is good about County Kerry as a region for industry, business and companies to which to locate; and if he will make a statement on the matter. [4840/12]

Under its Horizon 2020 Strategy, which covers the period 2010-2014, IDA Ireland aims to secure 640 investments and create 62,000 direct jobs. The aim is to achieve 50% of these investments in locations outside Dublin and Cork and to transform the existing foreign direct investment (FDI) base across the country to develop, retain and grow employment in existing client companies operating here. Central to IDA Ireland's strategy is to build on existing regional strengths to ensure Ireland's economic development, while optimising regional spread, in line with the National Spatial Strategy.

In the case of County Kerry, IDA Ireland markets the linked hub locations of Killarney in South Kerry and Tralee in North Kerry for new inward investment. In addition, IDA actively promotes other locations as part of its marketing efforts in response to specific client queries. IDA Ireland's strategy for the South West Region is to:

Market the Region to overseas clients in order to secure new investments;

Support the growth and development of the Region's existing clients by working with them to transform their business in the region to create additional employment and sustainability; and,

Ensure that the supporting infrastructure is in place to attract FDI.

IDA Ireland has indicated that Kerry has traditionally been a centre of manufacturing for FDI. However, over recent years, it has proved challenging to maintain and attract overseas manufacturing companies into the County as much of this investment globally is going to low cost destinations such as Eastern and Central Europe and China. The challenge for the agency is to work with existing clients in order to transform their business to create additional employment and sustainability. IDA Ireland has informed me that, at the end of 2011, there were 12 IDA Ireland supported companies in Kerry employing circa 1,300 people. The Agency has assured me that it will continue to market all available land and buildings in the County, including its 12 acre Business and Technology Park in Killarney and Kerry Technology Park in Tralee, which is owned and managed by Shannon Development in partnership with the Institute of Technology, for the purpose of attracting new clients to the county.

Oibrithe Gníomhaireachta

Éamon Ó Cuív

Question:

290 D’fhiafraigh Éamon Ó Cuív den Aire Post, Fiontar agus Nuálaíochta cén uair atá sé i gceist an Treoir maidir le hOibrithe Gníomhaireachta a chur i bhfeidhm; agus an ndéanfaidh sé ráiteas ina thaobh. [4988/12]

Is féidir liom comhairle a thabhairt don Teachta Dála go bhfuil an Treoir maidir le hOibrithe Gníomhaireachta á trasuí trí reachtaíocht príomha atá roimh Thithe an Oireachtais faoi láthair. Is tosaíocht mo Roinne é an Bille um Chosaint Fostaithe (Oibrithe Gníomhaireachta) 2011. Chríochnaigh an Bille an Dara Céim sa Dháil an 19ú Eanáir agus tá Céim an Choiste sceidealta don dara lá Feabhra 2012.

Á chur i gcás rith an Bhille trí gach céim sa Dháil go luath i mí Feabhra, leanfaidh sé ar bhreithniú gach céim roimh an Seanad. Is é an cuspóir ná rith an Bhille a chinntiú ar dháta achtú is luaithe is féidir.

Question No. 291 answered with Question No. 281.

Departmental Staff

Gerry Adams

Question:

292 Deputy Gerry Adams asked the Minister for Jobs, Enterprise and Innovation the salaries and allowances paid to his private secretary and to the Secretary General of his Department; and if he will make a statement on the matter. [5031/12]

The annual salary of the Secretary General of my Department is €190,000. The position of Private Secretary to the Minister is currently staffed in my Department by a civil servant at Higher Executive Officer level who receives an allowance of €20,685 per annum in respect of the extra duties and responsibilities attaching to the post including extra attendance outside normal hours. The Higher Executive payscale (Class A rate of PRSI contribution) is as follows: €46,081, €47,458, €48,831, €50,204, €51,581, €52,955, €54,329, €56,314 after 3 years satisfactory service at the maximum, and €58,294 after 6 years satisfactory service at the maximum.

Appointments to State Boards

Gerry Adams

Question:

293 Deputy Gerry Adams asked the Minister for Jobs, Enterprise and Innovation if he will provide a breakdown of the number of appointments that have been made to State boards by him since he came to office including the names of the appointees and the boards to which they have been appointed; the number of these appointments that have been made using new procedures involving the advertising of such posts on his Department’s website and the interview of the chairperson of boards by an Oireachtas committee; if he will highlight situations where this process has not occurred; and the reason it has not occurred in each case. [5047/12]

The information requested is as follows:

Forfás

Mr John Murphy, Secretary General of the Department was appointed to the Board of Forfás with effect from 18th January 2012.

The Industrial Development legislation provides that the Director General of Science Foundation Ireland (SFI) serves on the board of Forfás. Professor Mark Ferguson therefore became a member of the Forfas Board on taking up his position with SFI with effect from 18th January 2012.

The new procedures were not utilized in the case of either appointment. The SFI post is an ex officio appointment provided for in legislation. It has been the custom to appoint the Secretary General of the Department to the board of Forfás for reasons of policy cohesion and corporate governance.

National Standards Authority of Ireland Board (NSAI)

Helen Curley, a Principal Officer in my Department, was appointed on 8 July 2011. Ms Curley resigned from the Board on 15 November 2011, as due to an internal transfer she was no longer responsible for the NSAI policy area.

National Consumer Agency

Ms Isolde Goggin was appointed to the Board of the National Consumer Agency in November 2011.

While this appointment was not made using the new procedures Ms Goggin's appointment as Chairperson of the Competition Authority and CEO designate of the new body which will be established on foot of the merger of the Competition Authority and the National Consumer Agency reflects the Government's commitment to the rationalisation of State agencies.

PIAB

Two appointments were made to the Personal Injuries Assessment Board (PIAB).

One was the re-appointment of Ms Ann Fitzgerald in her capacity as Chief Executive of the National Consumer Agency, which is a statutory position on the Board. Therefore the post was not advertised.

In the case of the second appointment, it was considered appropriate to have a representative from the Department on the Board and Ms Breda Power, Assistant Secretary, was appointed. Given the nature of this appointment, the post was not advertised on the Department's website.

Irish Auditing and Accounting Supervisory Authority

Seven appointments were made to the Irish Auditing and Accounting Supervisory Authority (IAASA). Mr. Dave Martin and Mr. Kevin O'Donovan were both appointed as Nominees of the Prescribed Accountancy Bodies on the 26 May 2011. Ms Sylvia McNeece of the Irish Pension Board, Ms Deirdre Behan of the Revenue Commissioners, Ms Mairead Devine, of the Irish Business and Employers Confederation and Mr. Sean Hawkshaw of the Central Bank were all appointed as Nominees of the Designated Bodies on the 3rd January 2012.

As these appointments were made in compliance with the Companies (Auditing and Accounting) Act 2003 it was not appropriate to advertise the posts.

IDA

I have recently made the following two appointments to the Board of the IDA:

Alan W. Gray and Mary Campbell.

Neither appointment was made using the new procedures. In this respect, the Deputy will be aware that Government policy is to introduce greater transparency in the appointment process. In line with this policy and in an effort to broaden the pool of suitable candidates for consideration for appointment to boards, I sought expressions of interest last summer from suitably qualified people for appointment to the boards of several agencies under my Department's remit. I made it clear in advertising those vacancies that I would not be restricted to only those who responded to the advert. I intend to launch another expressions of interest campaign in the near future in respect of further vacancies that have arisen or that are due to arise over the coming months. In this respect, my overriding focus is to find the best people for particular board appointments. In making appointments I will have regard to the expertise and experience of individuals, the balance of skills and attributes in terms of the overall composition of the board, the gender balance of the board and the availability and commitment of people to serve on the board.

Departmental Staff

Mary Lou McDonald

Question:

294 Deputy Mary Lou McDonald asked the Minister for Jobs, Enterprise and Innovation the number of retired public servants that have been rehired by him, or rehired by State agencies under his aegis. [5072/12]

I appointed two former public servants to act as Civilian Drivers at my Department.

Three other former Civil Servants are engaged by my Department on a contract for services basis, i.e.

A former Assistant Secretary in this Department is serving on the NERA Advisory Board. The only payments made for participation on the Advisory Board are Travel and Subsistence payments in accordance with the Department of Finance rates for civil servants.

A former Secretary General at the Department of Transport, is currently Chair of the Department's Audit Committee. In line with centrally agreed procedures for external audit committee members in the Civil Service, this individual is paid a fee of €450 per meeting, subject to a maximum of €1,800 per annum.

A former Principal Officer is the Irish Government representative and Deputy Chair of the Board of the European Chemicals Agency (ECHA) based in Helsinki, Finland. This individual is engaged as an expert and is paid on a fee per day basis in respect of each Board meeting that he attends and also for attending meetings of the Board Sub-Committee which he chairs.

I have referred this question to all State Agencies under the aegis of my Department for direct reply to the Deputy.

Proposed Legislation

Thomas P. Broughan

Question:

295 Deputy Thomas P. Broughan asked the Minister for Jobs, Enterprise and Innovation if he will report on the proposed transposition of the Anti-Counterfeiting Trade Agreement, ACTA, into Irish law; if this legislation will be introduced through a statutory instrument or primary legislation; the consultation that has taken place with stakeholders before the proposed introduction of this legislation; and if he will make a statement on the matter. [5126/12]

The Anti-Counterfeiting Trade Agreement, ACTA, to which the Deputy is referring, is an international legal framework to more effectively combat the proliferation of counterfeit and pirated goods. As you are aware, counterfeiting and piracy are now serious problems which undermine legitimate trade and the sustainable development of the world economy. The growth of this illegal trade has led the ACTA participants to agree to develop an instrument that will strengthen international co-operation regarding this serious development.

ACTA is an agreement about the enforcement of Intellectual Property Rights. It does not oblige any of its EU signatories to create new substantive rights or to change existing ones. It only commits its EU signatories to ensure that the right holders can fully assert their rights if, when and where they exist. The ACTA provisions are compatible with existing EU law. Therefore, it will not require any revisions or adaptation of EU law and will not require any Member States to review the measures or instruments by which they implement relevant EU law.

My Department has consulted the relevant Departments affected by ACTA and the Office of the Attorney General to ascertain compliance of Irish legislation with the provisions of ACTA. It is not expected that there will be a need to amend current Irish legislation. However, before ratifying ACTA, my Department will again confirm with all relevant Departments of State and with the Office of the Attorney General,that all legislative and administrative requirements are in place to enable Ireland to fulfil its obligations under the Agreement.

The Directorate General for Trade organised a stakeholder consultation exercise in both 2009 and 2010. My Department, through advertisements on its website invited interested stakeholders to take part on both occasions. For the 2010 exercise, details regarding the stakeholder consultation exercise were also advertised on the Patent's Office website. In addition, my Department wrote to a wide range of stakeholders to invite them to take part in the exercise. My Department has also provided information regarding ACTA on its website, including the final text of the Treaty.

Under the terms of the Treaty on the Functioning of the EU, the EU and its Member States cannot conclude the Agreement without the consent of the European Parliament. The Parliament's International Trade Committee is reviewing the Agreement, and is expected to make a decision on whether to approve it in April or May. A final plenary vote is tentatively scheduled for June.

Stephen S. Donnelly

Question:

296 Deputy Stephen S. Donnelly asked the Minister for Jobs, Enterprise and Innovation if, with regard to the legislative response to the High Court judgment in the case of EMI and Others v. UPC, his intention is to legislate for this by statutory instrument; and how this is consistent with the statement in the programme for Government that the situation can no longer be tolerated where Irish Ministers enact EU legislation by statutory instrument. [5283/12]

Stephen S. Donnelly

Question:

297 Deputy Stephen S. Donnelly asked the Minister for Jobs, Enterprise and Innovation, with regard to the legislative response to the High Court judgment in the case of EMI and Others v. UPC, if he intends to legislate for this by statutory instrument, and how this is consistent with the statement in the programme for Government that the situation can no longer be tolerated when Irish Ministers enact EU legislation by statutory instrument. [5286/12]

I propose to take Questions Nos. 296 and 297 together.

As the Deputy is aware the judgment of the High Court in the case of EMI & ors v UPC held that by reason of provisions of the Copyright and Related Rights Act 2000, an injunction is not available in cases of transient communications, and that Ireland did not comply with EU law. As you will appreciate, non-compliance with EU law is a very serious matter. Following a public consultation process which was conducted by my Department, and taking all matters into account, including the opinion of the Attorney General, it was felt necessary that there should be a restatement of the situation which was considered to pertain in Irish law in relation to injunctions against intermediaries prior to the judgment in the EMI & ors v UPC case. This is necessary to ensure Ireland's compliance with the EU Copyright Directive. It is for this reason that a legislative instrument is proposed.

I wish to state that no policy change is proposed in the Statutory Instrument as it had been the intention of the Copyright and Related Rights Act to provide such civil remedies and it had been assumed that such was the case up to the High Court judgment in EMI Ireland & others versus UPC. Accordingly, the wording of the proposed Statutory Instrument has been framed in a manner which merely gives effect to the wording of the EU Copyright Directive (i.e. Article 8(3) of 2001/29/EC) rather than extending its scope beyond that of intermediaries.

The intended purpose of the proposed Statutory Instrument is not to enact new EU legislation but rather it seeks to merely restate the position that was thought to exist in the Copyright legislation prior to Justice Charleton's judgment here and in all EU Member States. Accordingly, the introduction of this measure by way of Statutory Instrument is not inconsistent with the legislative policy outlined in the Programme for Government.

Stephen S. Donnelly

Question:

298 Deputy Stephen S. Donnelly asked the Minister for Jobs, Enterprise and Innovation his plans to introduce a statutory instrument in response to the High Court judgment in the case of EMI and Others v. UPC; the date of same; and how he intends to respond to this judgment. [5351/12]

Some background information may be useful in appreciating the context of the proposed legislative instrument. The EU provided in the e-Commerce Directive 2000/31/EC for exemptions from liability for copyright infringement for intermediary service providers in cases of mere conduit, caching and hosting, upon certain conditions. This was to provide a framework for the development of e-commerce and telecommunication industries. Although such providers are thus free from civil and criminal liability in certain circumstances, the EU Copyright Directive 2001/29/EC (as allowed for in the e-Commerce Directive) provides that rights holders must be in a position to apply for injunctions against intermediaries whose services are used by a third party to infringe a copyright or related right.

The High Court judgment (in the case of EMI & ors v UPC) held that by reason of provisions of the Copyright and Related Rights Act 2000, an injunction is not available in cases of transient communications, and that Ireland did not comply with EU law. As you will appreciate, non-compliance with EU law is a very serious matter. My Department had considered that injunctions were available under Section 40(4) of the Copyright Act and the inherent power of the courts to grant injunctions, which are equitable and discretionary remedies, granted according to settled principles, developed by the courts. For the avoidance of doubt, it has decided to introduce a Statutory Instrument to restate the position that was considered to pertain prior to this judgment.

A High Court judgment has held that, by reason of provisions of the Copyright and Related Rights Act 2000, an injunction is not available in cases of transient communications, and suggested that Ireland did not comply with EU law. As you will appreciate, for a member of the European Union, non-compliance with EU law is a serious matter. For the avoidance of doubt, it has been decided to introduce a Statutory Instrument to restate the position that was considered to pertain prior to this judgment.

It is expected that this measure will be introduced shortly.

Stephen S. Donnelly

Question:

299 Deputy Stephen S. Donnelly asked the Minister for Jobs, Enterprise and Innovation if he will confirm that, in developing his legislative response to the High Court judgment in the case of EMI and Others v. UPC, he has consulted with industry stakeholders; if so, with whom has he consulted, and via what process; and if not, if he will explain the reason. [5353/12]

An issue arose following a High Court judgment in October 2010 where it was stated that Ireland was not in compliance with its EU obligations under the Copyright Directive 2001/29/EC. It was held that the court could not grant an injunction against an intermediary in relation to internet transient communications. Until this judgment, it had been considered that Ireland was fully compliant with Art 8(3) of the relevant directive and that injunctions were available both under Section 40(4) of the Copyright and Related Rights Act 2000 and by reason of the inherent power of the court in relation to equitable remedies.

Following consultation with the Office of the Attorney General it was considered that as the High Court decision was not appealed, it was necessary for Ireland, for the avoidance of doubt, to restate its previous understanding of its compliance with EU law. A public consultation in relation to the content of a draft legislative measure in this regard was held. This received wide publicity at the time. In addition to a web-based consultation and liaising with the Department of Communications, Energy and Natural Resources, the consultation document was forwarded to bodies such as the Assoc of Trademark and Patent Attorneys, BT Communications Ireland Ltd, Consumers Association of Ireland, Digital Rights Ireland, Eircom, EMI Music Ireland Ltd, Enterprise Ireland, Google, Hinkson Solicitors, IBEC, IDA, IMIR, International Software Federation of Europe, Internet Service Provides Association of Ireland, Irish Copyright Licensing Agency, IRMA, Law Society of Ireland, Microsoft Ireland, O2, UPC, Vodafone, and X-tra Vision. Following the consultation, I had meetings with representatives from many of the above bodies including, ISPs, rightsholders and consumers.

Stephen S. Donnelly

Question:

300 Deputy Stephen S. Donnelly asked the Minister for Jobs, Enterprise and Innovation, with regard to the legislative response to the High Court judgment in the case of EMI and Others v. UPC, if any analysis has been made of the potential impact of legislative changes on Irish companies and international companies here; if so, the conclusions of this analysis; and if he will release same. [5354/12]

As the Deputy is aware the judgment of the High Court in the case of EMI & ors v UPC held that by reason of provisions of the Copyright and Related Rights Act 2000, an injunction is not available in cases of transient communications, and that Ireland did not comply with EU law. As you will appreciate, non-compliance with EU law is a very serious matter. A public consultation process seeking comments from interested parties on the content of a proposed legislative amendment to the Copyright and Related Rights Act, by means of a Statutory Instrument, was conducted over last June and July. More than 50 submissions were received and these submissions were afforded careful consideration.

In addition to liaising with the Department of Communications, Energy and Natural Resources, the consultation document was forwarded to bodies such as the Assoc of Trademark and Patent Attorneys, BT Communications Ireland Ltd, Consumers Association of Ireland, Digital Rights Ireland, Eircom, EMI Music Ireland Ltd, Enterprise Ireland, Google, Hinkson Solicitors, IBEC, IDA, IMIR, International Software Federation of Europe, Internet Service Provides Association of Ireland, Irish Copyright Licensing Agency, IRMA, Law Society of Ireland, Microsoft Ireland, O2, UPC, Vodafone, and Xtra Vision. Following the consultation, I had meetings with representatives from many of the above bodies including, ISPs, rightsholders and consumers. The submissions and input from all those concerned has been carefully considered and has proved very valuable in providing a comprehensive understanding of the differing views on the many issues involved including the relevant issues raised from the perspective of companies operating within this jurisdiction.

It is important to note that no policy change is proposed in the Statutory Instrument as it had been the intention of the Copyright and Related Rights Act to provide such civil remedies and it had been assumed that such was the case up to the High Court judgment in EMI Ireland & others versus UPC. The legislation proposed is a restatement of the situation that was thought to pertain prior to this judgment.

Going back to 22 December, 2002, the date by which every EU Member State had to have implemented Directive 2001/29/EC, every EU country has had to "ensure that right holders are in a position to apply for an injunction against intermediaries whose services are used by third parties to infringe a copyright or related right". Having that provision enshrined in EU law and the laws of Member States for a decade has not restricted the development of the Internet or innovative internet companies. On the contrary, the Internet has flourished.

Stephen S. Donnelly

Question:

301 Deputy Stephen S. Donnelly asked the Minister for Jobs, Enterprise and Innovation, with regard to the legislative response to the High Court judgment in the case of EMI and Others v. UPC, if he will give a commitment that any legislation will provide a right for sites or Internet providers whose sites are to be blocked under the legislation to have the right to appeal that decision. [5355/12]

The judgment of the High Court in the case of EMI & ors v UPC held that by reason of provisions of the Copyright and Related Rights Act 2000, an injunction is not available in cases of transient communications, and that Ireland did not comply with EU law. As you will appreciate, non-compliance with EU law is a very serious matter. Following a public consultation process which was conducted by my Department, and taking all matters into account, including the opinion of the Attorney General, it was felt necessary that there should be a restatement of the situation which was considered to pertain in Irish law in relation to injunctions against intermediaries prior to the judgment in the EMI & ors v UPC case. This is necessary to ensure Ireland's compliance with the EU Copyright Directive.

This Directive and the Court of Justice of the European Union require that all remedies must be proportionate and that the right of freedom of expression and the right to conduct a business must be balanced with the right to intellectual property in considering the granting of an injunction. The Deputy will be aware that since the adoption of the Lisbon Treaty, the Charter of Fundamental Rights of the European Union must apply when implementing EU law. This means that in considering the grant of an injunction, a court must balance the intellectual property right with the other fundamental rights guaranteed by the Charter which include: Protection of personal data, Freedom of expression and Information, Freedom to conduct a business and the right to property.

I wish to inform the Deputy that the proposed Statutory Instrument provides that the owner of the copyright in a work may, in respect of that work, apply to the High Court for an injunction against an intermediary to whom paragraph 3 of Article 8 of Directive 2001/29/EC applies. The right of appeal in respect of any injunction granted in accordance with the provisions of the proposed Statutory Instrument would lie to the Supreme Court.

Departmental Agencies

Jack Wall

Question:

302 Deputy Jack Wall asked the Minister for Jobs, Enterprise and Innovation the progress that has been made regarding the sale of Industrial Development Agency lands (details supplied) in County Kildare; and if he will make a statement on the matter. [5358/12]

Under the Industrial Development Acts 1986-2006, IDA Ireland has the power to acquire, hold and dispose of land, and any other property or any interest therein, for the purpose of facilitating an industrial undertaking.

I am informed by IDA Ireland that the Agency holds approximately 2.27 hectares of land at Monasterevin, Co. Kildare. In line with IDA Ireland's property policy this land, which is zoned for both industrial/warehousing and open/amenity, is currently for sale on the open market through auctioneers Lisney/Conway. The lands are being sold with the benefit of Freehold Title. Offers from interested parties should be directed to Lisney/Conway or the Property Management Division in IDA Ireland.

Enterprise Support Services

Jack Wall

Question:

303 Deputy Jack Wall asked the Minister for Jobs, Enterprise and Innovation the assistance available to a person (details supplied) in County Kildare to expand their business; and if he will make a statement on the matter. [5427/12]

My Department does not provide direct funding or grants to businesses but provides funding to a number of State Agencies, including the County and City Enterprise Boards (CEBs) and Enterprise Ireland, through whom assistance is delivered directly to businesses. The role of Kildare County Enterprise Board as part of the network of CEBs is to develop indigenous potential and stimulate economic activity at a local level primarily through the provision of financial and technical support for the development of small and micro-enterprises.

The promoter may therefore wish to contact Kildare County Enterprise Board to discuss what options may be available to them and their proposed business venture. Kildare County Enterprise Board is located at The Woods, Clane, Co. Kildare; Phone No: 045 861707, Fax No: 045 861712: Email: info@kildareceb.ie, website: www.kceb.ie.

European Council Meetings

Patrick O'Donovan

Question:

304 Deputy Patrick O’Donovan asked the Minister for Jobs, Enterprise and Innovation the EU Council of Ministers on which he sits; the number of meetings of that Council that have been held between 2007 and 2011; the number of those meetings that he attended; the number that were attended by the relevant Minister of State; the number that were attended by an Irish official; if he will provide the names of those who attended in tabular form. [5471/12]

My Department has the lead responsibility for the Competitiveness Council and for the Employment, Social Policy, Health and Consumer Affairs Council (ESPHCA). When the Foreign Affairs Council considers trade matters, such matters also come within the remit of my Department.

The Competitiveness Council itself is sub-divided into industry, internal market and research issues.

The following Tables list the number of Formal and Informal Competitiveness Council meetings, ESPHCA meetings and Foreign Affairs (Trade) Council meetings and attendees or otherwise for the period January 2007 to December 2011:

Formal and Informal Competitiveness Councils from 2007-2011

Attendance

19 February 2007

Minister for Enterprise, Trade and Employment, Micheal Martin T.D.

26-28 April 2007 (Informal)

Assistant Secretary, Department of Enterprise, Trade and Employment

21-22 May 2007

Deputy Permanent Representative

25 June 2007

Minister for Enterprise, Trade and Employment Micheál Martin T.D.

19-21 July 2007 (Informal)

Minister of State with responsibility for Innovation Policy, Micháel Ahern, T.D.

27/28 September 2007

Minister of State with responsibility for Innovation Policy, Micháel Ahern, T.D.

22-23 November 2007

Minister of State with responsibility for Innovation Policy, Micháel Ahern, T.D.

25 February 2008

Minister for Enterprise Trade and Employment, Micheál Martin T.D.

15-16 April 2008 (Informal)

Minister of State with responsibility for Innovation Policy, Micháel Ahern, T.D.

29-30 May 2008

Tánaiste and Minister for Enterprise Trade and Employment, Mary Coughlan T.D.

16-18 July 2008 (Informal)

Minister of State with responsibility for Labour Affairs, Billy Kelleher, T.D.

25-26 September 2008

Deputy Permanent Representative

1-2 December 20081 December (Industry and Internal Market)2 December (Research)

Tánaiste and Minister for Enterprise Trade and Employment, Mary Coughlan T.D. Minister of State with responsibility for Science, Technology and Innovation, Jimmy Devins T.D.

5-6 March 2009

Tánaiste and Minister for Enterprise Trade and Employment, Mary Coughlan T.D.

3-5 May 2009 (Informal)

Minister of State with responsibility for Science, Technology, Innovation and Natural Resources, Conor Lenihan, T.D.

28-29 May 2009

Tánaiste and Minister for Enterprise Trade and Employment, Mary Coughlan T.D.

24-25 September 2009

Minister of State with responsibility for Science, Technology, Innovation and Natural Resources, Conor Lenihan, T.D.

14-16 October 2009 (Informal)

Minister of State with responsibility for Science, Technology, Innovation and Natural Resources, Conor Lenihan, T.D.

3-4 December 2009

Deputy Permanent Representative

7-9 February 2010 (Informal)

Tánaiste and Minister for Enterprise Trade and Employment, Mary Coughlan T.D.

1-2 March 2010

Tánaiste and Minister for Enterprise Trade and Employment, Mary Coughlan T.D.

25-26 May 2010

Minister for Enterprise, Trade and Innovation, Batt O’Keeffe, T.D.

14-15 July 2010 (Informal)

Minister of State with responsibility for Science, Technology, Innovation Conor Lenihan, T.D.

29-30 September 2010 (Informal)

Minister of State with responsibility for Science, Technology, Innovation and Research, Conor Lenihan, T.D.

11-12 October 2010

Minister for Enterprise, Trade and Innovation Batt O’Keeffe T.D.

10 November (Extraordinary meeting)

Deputy Permanent Representative

25/26 November 2010

Minister of State with responsibility for Science, Technology, Innovation and Research, Conor Lenihan, T.D.

10 December (Extraordinary meeting)

Deputy Permanent Representative

9/10 March 2011

Deputy Permanent Representative

11-13 April 2011 (Informal) Research/Industry/ Internal market

Minister of State with responsibility for Innovation and Research, Sean Sherlock T.D.

30-31 May 201130 May (Industry and Internal Market) 31 May (Research)

Minister for Jobs, Enterprise, and Innovation, Richard Bruton T.D. Minister of State with responsibility for Research and Innovation, Sean Sherlock T.D.

27 June (Extraordinary meeting)

Minister of State with responsibility for Research and Innovation, Sean Sherlock T.D.

20-22 July 2011 (Informal) (Research/Industry/ Internal Market)

Minister of State with responsibility for Research and Innovation, Sean Sherlock T.D.

29-30 September 201129 September (Industry and Internal) 30September (Research)

Minister of State with responsibility for Small Business, John Perry T.D. Minister of State with responsibility for Research and Innovation, Sean Sherlock T.D.

5-6 December 20115 December (Industry and Internal Market) 6December (Research)

Minister of State with responsibility for Small Business, John Perry T.D. Deputy Permanent Representative

ESPHCA Councils 2007-2011 (Formal and Informal Council meetings)

Attendance

17-18 January 2007 (Informal)

Minister of State with responsibility for Labour Affairs, Tony Killeen T.D.

22 February 2007

Minister of State with responsibility for Labour Affairs, Tony Killeen T.D.

30 May 2007

Minister of State with responsibility for Labour Affairs, Tony Killeen T.D.

5-7 July 2007 (Informal)

Minister of State with responsibility for Labour Affairs, Tony Killeen T.D.

5 December 2007

Minister of State with responsibility for Labour Affairs, Billy Kelleher, T.D.

31-2 February 2008 (Informal)

Minister of State with responsibility for Labour Affairs, Billy Kelleher, T.D.

29 February 2008

Minister of State with responsibility for Labour Affairs, Billy Kelleher, T.D.

9 June 2008

Minister of State with responsibility for Labour Affairs, Billy Kelleher, T.D.

11 July 2008 (Informal)

Minister of State with responsibility for Labour Affairs, Billy Kelleher, T.D.

2 October 2008

Minister of State with responsibility for Labour Affairs, Billy Kelleher, T.D.

16-17 December 2008

Minister of State with responsibility for Labour Affairs, Billy Kelleher, T.D.

22-24 January 2009 (informal)

Minister of State with responsibility for Labour Affairs, Billy Kelleher, T.D.

9-10 March 2009

Minister of State with responsibility for Labour Affairs, Billy Kelleher, T.D.

8-9 June 2009

Deputy Permanent Representative (employment and consumer aspects)

8-9 July 2009 (Informal)

Minister of State with responsibility for Labour Affairs, Dara Calleary T.D.

30 November-1 December 2009

Minister of State with responsibility for Labour Affairs, Dara Calleary T.D.

28-29 January 2010 (Informal)

Minister of State with responsibility for Labour Affairs, Dara Calleary T.D.

8 March 2010

Minister of State with responsibility for Labour Affairs, Dara Calleary T.D.

7 June 2010

Minister for Social Protection, Eamon O’Cuiv T.D.

8-9 July 2010 (Informal)

Assistant Secretary, Department of Enterprise, Trade and Innovation

21 October 2010

Deputy Permanent Representative

6-7 December 2010

Deputy Permanent Representative

17-18 January 2011 (Informal)

Deputy Permanent Representative

7 March 2011

Deputy Permanent Representative

17 June 2011

Minister for Social Protection, Joan Burton T.D.

3 October 2011

Deputy Permanent Representative

1 December 2011

Minister of State at the Department of Education and Skills, Ciaran Cannon T.D.

General Affairs and External Relations Council Meetings where the Department was represented by a Minister from 2007-2011*Meeting held monthly and sometimes include a trade related topic.

Attendance

12 February 2007

Minister of State with responsibility for Trade and Commerce, Michael Ahern T.D.

29 April 2008

Minister of State with responsibility for International Trade, John McGuinness T.D.

18 July 2008

Minister of State with responsibility for International Trade, John McGuinness T.D.

21-29 July 2008.*A number of meetings of the General Affairs Council were held in Geneva during the WTO July 2008 Ministerial.

Tánaiste and Minister for Enterprise Trade and Employment, Mary Coughlan T.D. Minister of State with responsibility for International Trade, John McGuinness T.D.

15 September 2008

Minister of State with responsibility for International Trade, John McGuinness T.D.

30 November-2 December 2009 (Geneva)

Minister of State with responsibility for International Trade, Billy Kelleher T.D.

Foreign Affairs (Trade) Councils from 2011-

Attendance

13 May 2011

Minister for Jobs, Enterprise, and Innovation, Richard Bruton T.D.

25-26 September 2011

Minister for Jobs, Enterprise, and Innovation, Richard Bruton T.D.

15 December 2011

Head of Delegation HE Mr. Gerry Corr (Permanent Representation to the WTO, Geneva).

Small and Medium Enterprises

Willie Penrose

Question:

305 Deputy Willie Penrose asked the Minister for Jobs, Enterprise and Innovation if he will outline in detail the funding that will be available from the micro-enterprise fund for small business; the way it will be evaluated and allocated; if an agreement has been reached with the banking sector to provide much needed finance and credit for small businesses; and if he will make a statement on the matter. [5570/12]

I am developing a Microfinance Loan Fund to provide loans to the microenterprise sector. It is targeted at start-up, newly established, or growing micro enterprises across all industry sectors, employing not more than 10 people. This Fund will provide loans of up to €25,000 for commercially viable proposals that do not meet the conventional risk criteria applied by commercial banks.

The proposed delivery structure of the Microfinance Loan Fund is being designed in close consultation with the Department of Finance, and is being progressed as a matter of urgency.

The Government recently approved the allocation of €10 million as seed capital for the Fund. It is anticipated that the Fund will supplement this seed capital by leveraging further funding from private sources, including the banks.

With regard to banks providing credit to small businesses, the initiatives taken by the Minister for Finance in March 2011 to reorganise, recapitalise and deleverage the domestic financial system is the principal response to restore the banks to health and provide credit to business.

The Government 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. Each bank has informed the Department of Finance that they expect to have met their lending targets for 2011.

Charities Regulation

Martin Heydon

Question:

306 Deputy Martin Heydon asked the Minister for Jobs, Enterprise and Innovation the plans in place to ensure that smaller charities are not required to incur the expense involved in carrying out full financial audits. [5576/12]

Entities with charitable status are governed by the Charities Act 2009 under the aegis of the Minister for Justice and Equality and are answerable to their stakeholders, shareholders and funders.

Many charities which formed themselves as companies have done so as companies limited by guarantee (CLG). Due to their public membership structure they cannot avail of an audit exemption.

The Company Law Review Group (CLRG) 2009 Report examined the issue of extending audit exemption to companies limited by guarantee. It made the following recommendations:

"(i) Subject in each case to consultation with the Minister for Community, Rural and Gaeltacht Affairs and the charities regulator, the audit exemption regime contained in Part III of the 1999 (No. 2) Act be extended to such class or classes of CLG which are charitable organisations (within the meaning of the Charities Act 2009) so as to bring them into alignment with charitable organisations that are not companies, provided that 10% of the members with voting rights should be able to require an audit.

(ii) The audit exemption regime contained in Part III of the 1999 (No. 2) Act be extended to all CLGs which are not charitable organisations, subject to a veto right, by any one member of the company, and further subject to the requirement that audit exemption in respect of the following year, shall be an item on the agenda of the annual general meeting."

The recommendations of the CLRG in this matter will be considered in the context of the next appropriate legislative vehicle. The CLRG recommendations contemplate that any proposals in this matter will be subject to consultation with the Department of Justice and Equality which now has responsibility for charities regulation.

Civil Registration Service

Eric J. Byrne

Question:

307 Deputy Eric Byrne asked the Minister for Social Protection the way one registers to become a solemniser; the criteria for same; the person who administers this profession; and if she will make a statement on the matter. [4855/12]

The administration of the Civil Registration Service is statutorily a matter for the Registrar General. I have made enquiries with the Registrar General and the position is as set out as follows:

Section 53 of the Civil Registration Act 2004 provides for the establishment of a Registrar of Solemnisers of Marriage which is to be maintained by an t-Ard-Chláraitheoir (Registrar General).

Section 54 of this Act makes provisions for application to be made to the Registrar General for the purposes of having persons registered in the Register.

Section 54(1)(a) provides for application by the HSE on behalf of a Registrar whom it wishes to have registered for the purposes of solemnising civil marriages.

Section 54(1)(b) provides for application by a religious body who wishes to have one or more of its members registered for the purposes of solemnising marriage according to its own rites.

With regard to the application criteria, the Registrar General must be satisfied in the case of an application from a religious body that such a body is a religious body as defined in Section 45 of the Act. He must also be satisfied that each applicant body will include in its ceremony of marriage the declaration by the bride and groom that neither knows of no impediment to marrying the other and that they accept each other as husband and wife.

The legislation also provides that applicant bodies can only nominate persons who are aged 18 years or more.

Departmental Schemes

Clare Daly

Question:

308 Deputy Clare Daly asked the Minister for Social Protection the reasons persons in receipt of one parent family payment are excluded from participation in the JobBridge scheme. [4881/12]

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 Jobseeker's 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.

Clare Daly

Question:

309 Deputy Clare Daly asked the Minister for Social Protection her views on a case (details supplied) whereby a lone parent, having completed a Springboard programme, wishes to apply for an internship offered by the Industrial Development Agency which would be relevant to their qualifications and which they feel would improve their chances of full-time work, but they are disqualified due to being in receipt of one parent family payment; and her further views on whether this would appear to be discriminatory against lone parents. [4882/12]

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.

Insolvency Payments Scheme

Michael McGrath

Question:

310 Deputy Michael McGrath asked the Minister for Social Protection the position regarding an application by a receiver (details supplied); if she will confirm when this application was received by her from the receiver; when it is expected to be disposed of; and if there is a cap of €600 per week that can be sanctioned in respect of the wages owing to the employees. [4977/12]

A total of 87 employee claims have been received, from 11 August to 21 November 2011, in relation to the receivership of this company. Claims received in June 2011 are currently being processed. A limit of €600 per week applies to all wage related payments from the Insolvency Payments Scheme.

Question No. 311 withdrawn.

Social Welfare Benefits

Jack Wall

Question:

312 Deputy Jack Wall asked the Minister for Social Protection the mechanism available to a person (details supplied) in County Kildare to have their rent subsidy determined in view of the fact that they are in casual employment and only informed of employment opportunities in a timescale of two to three hours’ notice; and if she will make a statement on the matter. [4794/12]

The person concerned had no entitlement to rent supplement for the month of December. He worked in excess of the prescribed limits applicable to his circumstances. The person concerned has been required to provide up to date information relating to his employment in order for the Department to accurately assess his income. A decision will be made on his application when the information requested has been provided.

Simon Harris

Question:

313 Deputy Simon Harris asked the Minister for Social Protection the reason she has decided to withdraw domiciliary care allowance payments for a child (details supplied) in County Wicklow; and if she will make a statement on the matter. [4800/12]

Simon Harris

Question:

314 Deputy Simon Harris asked the Minister for Social Protection if she will direct the social welfare appeals office to order an oral hearing for a domiciliary care allowance appeal in respect of a person (details supplied) in County Wicklow to enable the affected family to demonstrate their ongoing need for support for their child; and if she will make a statement on the matter. [4801/12]

I propose to take Questions Nos. 313 and 314 together.

A completed domiciliary care allowance review form was received from the person concerned on 22nd November 2011. This form was referred to one of the Department's Medical Assessors who found that the child was no longer medically eligible for the allowance. A letter issued on 10th January 2012 advising of the decision. In the case of an application which is refused on medical grounds, the applicant may submit additional information and/or ask for the case to be reviewed or they may appeal the decision directly to the Social Welfare Appeals Office within twenty one days.

Brendan Griffin

Question:

315 Deputy Brendan Griffin asked the Minister for Social Protection when payment will issue to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [4802/12]

The Back to School Clothing and Footwear Allowance (BSCFA) scheme operates from the beginning of June until the end of September each year. A person may qualify for a BSCFA if he or she is in receipt of a social welfare or health service executive payment, is participating in an approved employment scheme or attending a recognised education or training course, and has household income at or below certain specified levels. The person concerned was refused BSCFA as her application was made in December 2011 which is outside the applicable dates for the BSCFA scheme. No request for a review of this decision has been received from the person concerned.

Michael Healy-Rae

Question:

316 Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding carer’s allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [4817/12]

I confirm that an application for carer's allowance has been received from the person concerned. On completion of the necessary investigations relating to all aspects of her claim a decision will be made and the person concerned will be notified directly of the outcome.

Eric J. Byrne

Question:

317 Deputy Eric Byrne asked the Minister for Social Protection the position regarding a claim for an invalidity pension in respect of a person (details supplied) in Dublin 8; if this matter will be dealt with as urgently as possible; and if she will make a statement on the matter. [4820/12]

Invalidity pension is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the contribution conditions. This department received a claim for invalidity pension for the person concerned. The medical evidence provided by the claimant in support of his claim was examined by a medical assessor who was of the opinion that the person concerned is not eligible for invalidity pension as he does not satisfy the medical criteria. The application for invalidity pension was, accordingly, disallowed by a deciding officer. He has been notified of this decision and the reason for it.

Employment Support Services

Patrick Nulty

Question:

318 Deputy Patrick Nulty asked the Minister for Social Protection the number of persons participating in the Tús programme since its inception; and if she will make a statement on the matter. [4827/12]

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 23rd January, 2012, 2,498 persons were in receipt of payroll payments with 5,000 to be employed when Tús is fully operational.

Tús aims to improve the employability and work readiness of participants by providing them with the opportunities to put work skills into practice and learn new ones enabling progression to work, further education or skill development opportunities. In addition, participation on Tús will boost the participant's motivation and confidence, while simultaneously providing prospective employers with evidence that a participant has the necessary skills and abilities to do the job. A review of Tús will be initiated over the coming months to assess the effectiveness and efficiency of the initiative, including an evaluation of outcomes and learning opportunities.

Community Employment Schemes

Patrick Nulty

Question:

319 Deputy Patrick Nulty asked the Minister for Social Protection the person who will be undertaking the departmental review of community employment schemes; the criteria that will be used to assess these schemes; when the review will be complete; and if she will make a statement on the matter. [4829/12]

I have directed that a review of the financial resources of individual projects supported by Community Employment be completed by the end of March. The purpose of the review is to examine the income and funding of sponsoring organisations in terms of their ability to continue to deliver the programme. As part of the review alternative sources of support will be examined, particularly the level of funding from other State agencies. 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 outcome of each review will provide a clear picture of the core funding required for each CE scheme. This will assist my Department in ensuring a fair distribution of the funding available for these schemes.

This review of financial resources is being carried out initially by local DSP staff responsible for the administration of the scheme, and is being co-ordinated centrally by the relevant Assistant Secretary of the Department. Separately, the Community Employment Scheme is also included in a policy review of the overall range of employment support, activation and work schemes operated by the Department). The aim of the review is to assess the schemes, individually and in combination, "in the light of their contribution to the Department's policy objective of supporting people of working age into employment" and to "recommend any changes to the current range of schemes/programmes seen as required on the basis of the analysis carried out". The full terms of reference and a full list of the schemes involved are as follows.

The review has been under way since mid-2011 and is scheduled for completion by the end of March. It is being carried out by an Assistant Principal Officer of the Department under the overall direction of a Principal Officer. Prior to completion, it will be subject to oversight from the Policy Committee of the Department and of senior management. As is normal for such reviews within the Department, its conclusions and recommendations will also be the subject of consultation with stakeholders of the range of programmes involved.

Terms of reference for policy review of employment support programmes

1. Identify, outline and analyse the overarching objective of activation support for people of working age outlining the short, medium and long term policies in this area; examine the continuing rationale and relevance of all relevant scheme objectives highlighting any overlaps.

2. Broadly examine recent, current and prospective future trends in the Irish labour market with a view to informing necessary activation measures in the short to medium term.

3. Examine the continuing rationale and relevance of all scheme objectives and examine their compatibility with the overall strategy of the Department, in particular the policy objective of supporting people of working age into employment (including through increased employability);

4. Broadly define the inputs (funding and staffing), processes and tangible outputs and outcomes associated with each scheme and identify the level and trend of these outputs and outcomes where possible, with particular regard to the number of recipients of the scheme, and identify any information gaps that emerge;

5. Evaluate the degree to which the objectives of all schemes warrant the allocation of public funding on a current and ongoing basis in the light of their contribution to the Department's policy objective of supporting people of working age into employment. Examine the scope for alternative policy or organisational approaches to achieving the overarching objective in a more efficient and/or effective manner; particularly the possibility of unifying programmes that have similar objectives and target client groups.

6. Recommend any changes to the current range of schemes/programmes seen as required on the basis of the analysis carried out, and specify potential future performance indicators that might be used to better monitor the performance of schemes.

Programmes covered by policy review

Employment Support and Activation Schemes

Back to Education Allowance

Part Time Education Option

Education Training and Development

Out of pocket Expenses

Back to Work Enterprise Allowance

Short Term Enterprise Allowance

Credit Union loan guarantee fund

Activation and Family Support Programme

Technical Assistance and Training scheme

Work Schemes

Community Employment

Rural Social Scheme

TÚS

Jobs Initiative

Work Placement Programme

National Internship Scheme

Patrick Nulty

Question:

320 Deputy Patrick Nulty asked the Minister for Social Protection the amount that will be saved by the cut in the materials grant to community employment schemes to €500; if this reduction has been enacted as yet; and if she will make a statement on the matter. [4830/12]

Currently, there are 1,143 community employment schemes in operation nationally with 23,300 places of which there are circa 22,000 participants. The overall estimated budget stands at €315 million for 2012. The training and materials grant for Community Employment is based on receipted eligible expenditure. The maximum training and materials grant for Community Employment will reduce from €1,500 to €500 per participant per annum from the 1st of January. At the time of the announcement of the reduction, the estimated saving identified was €27.5m in a full calendar year.

The current review is based on the above reduction and following completion of this review a more accurate figure will be obtained. Some of these savings have already been achieved in 2011. There is an initial review of the financial resources of all schemes to be completed in March 2012 to identify any scheme funding shortfalls. As stated previously, I have made a commitment that no Community Employment Scheme would close pending the completion of this review. Where schemes are experiencing funding difficulties they should contact the local Community Development Officer.

Social Welfare Code

Michael Moynihan

Question:

321 Deputy Michael Moynihan asked the Minister for Social Protection if a person who owns land and has horses on this land can qualify for farm assist; and if she will make a statement on the matter. [4842/12]

To qualify for farm assist, a person should be aged between 18 and 66 years and engaged in farming. The person concerned must be farming land for the purposes of husbandry and must also satisfy the other conditions of the scheme including a means test. In this context, husbandry is regarded as working the land including the keeping of livestock. All cases are fully investigated and determined on an individual basis.

Social Welfare Benefits

Michael Healy-Rae

Question:

322 Deputy Michael Healy-Rae asked the Minister for Social Protection the reason domiciliary care allowance was stopped in respect of a person (details supplied); and if she will make a statement on the matter. [4843/12]

A completed review form for domiciliary care allowance (DCA) was received from the person concerned on 24th September 2010. It was referred to one of the Department's Medical Assessors who found that the child was no longer medically eligible for DCA. A letter issued on 20th November 2010 refusing the allowance. The person concerned subsequently lodged an appeal against this decision. He was informed by the Social Welfare Appeals Office on 25th June 2011 that the appeal had been disallowed. The decision/appeal process for this application is now complete. If the person concerned has additional information which was not made available to the deciding officer and/or appeals officer when they made their decisions, it is open to them to re-apply for the payment.

Michael Healy-Rae

Question:

323 Deputy Michael Healy-Rae asked the Minister for Social Protection the reason domiciliary care allowance was stopped in respect of a person (details supplied); and if she will make a statement on the matter. [4844/12]

A completed review form for domiciliary care allowance was received from the person concerned on 17th January 2011. This form was referred to one of the Department's Medical Assessors who found that the child was no longer medically eligible for the allowance. A letter issued on 26th January 2011 advising of the decision. The person concerned subsequently lodged an appeal against this decision. As part of the appeal process, the application was reviewed by a second Medical Assessor on 21st January 2012. As the application was again deemed to be medically ineligible, the file will now be sent to the Social Welfare Appeals Office for their consideration of the appeal.

Social Welfare Appeals

Sean Fleming

Question:

324 Deputy Sean Fleming asked the Minister for Social Protection when an appeal for domiciliary care allowance will be granted in respect of a person (details supplied) in County Laois; and if she will make a statement on the matter. [4845/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 17th October 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 5th January 2012 and the appeal was assigned to an Appeals Officer for consideration on 17th January 2012. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Question No. 325 withdrawn.

Michael Creed

Question:

326 Deputy Michael Creed asked the Minister for Social Protection when a decision will issue on a disability allowance appeal in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [4872/12]

The Social Welfare Appeals Office has advised me that the disability allowance claim, of the person concerned, was disallowed by a Deciding Officer following an assessment by a Medical Assessor of the Department who expressed the opinion that she was medically unsuitable for disability allowance. I am advised by the Social Welfare Appeals Office that an appeal was registered on 22 October 2011 and in accordance with the statutory procedures the relevant department papers and the comments of the Deciding Officer on the matter raised in the appeal have been sought. In that context, an assessment by another Medical Assessor will be carried out. The Social Welfare Appeals Office functions independently of the Minister for Social and Family Affairs and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Code

Simon Harris

Question:

327 Deputy Simon Harris asked the Minister for Social Protection the policy criteria and rationale underlying her decision to pay certain social welfare benefits (details supplied) at different weekly rates; and if she will make a statement on the matter. [4883/12]

The payment rates for long-term social insurance-based payments such as invalidity pension, widow/widower's contributory pension and state pension (contributory) are normally higher than the analogous social assistance based payments such as disability allowance. The higher rates reflect the fact that entitlement to long-term social insurance payments is based on PRSI contributions made by employees/employers and the self-employed.

Social Welfare Appeals

Bernard J. Durkan

Question:

328 Deputy Bernard J. Durkan asked the Minister for Social Protection if this parliamentary question will be accepted as notice of an appeal in respect of an application for disability allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [4886/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 24th January 2012. 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. When received, the appeal in question will be referred in due course to an Appeals Officer for consideration. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Employment Support Services

Finian McGrath

Question:

329 Deputy Finian McGrath asked the Minister for Social Protection if she will review a matter (details supplied) regarding JobBridge. [4887/12]

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 Jobseeker's 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 Disability Allowance forms part of this broader review process.

Individuals who are in receipt of a disability allowance can access the Work Placement Programme, which provides participants with a work experience placement of between two and nine months. During this time participants may be able to retain their social welfare entitlements. In addition, people in receipt of a disability allowance can access a range of other specific programmes, such as the Supported Employment Programme and the Wage Subsidy Scheme. Both of these programmes aim to assist people with a disability to secure and maintain a job in the labour market.

Insolvency Payments Scheme

Willie O'Dea

Question:

330 Deputy Willie O’Dea asked the Minister for Social Protection the reason a person (details supplied) who was awarded €15,000 by the rights commissioner in compensation for being unfairly dismissed from their employment should have the compensation reduced to €10,398 by the insolvency payments section of her Department; and if she will make a statement on the matter. [4900/12]

The insolvency payments scheme is a scheme to protect pay-related entitlements of employees whose employer has become legally insolvent as defined in the scheme. Some limitation and conditions apply to payments made under the scheme. All entitlements based on pay are limited to a maximum weekly rate which is revised periodically. Awards made by a rights commissioner are subject to these limits. The current limit where insolvencies occurred on or after 1 January 2005 is €600 per week. The award made to the person concerned was reduced to €10,398 in accordance with this limit.

Social Welfare Appeals

Michelle Mulherin

Question:

331 Deputy Michelle Mulherin asked the Minister for Social Protection the position regarding an appeal against the withdrawal of payment of invalidity pension in respect of a person (details supplied) in County Mayo. [4901/12]

The Social Welfare Appeals Office has advised me that the invalidity pension claim, of the person concerned, was disallowed by a Deciding Officer following an assessment by a Medical Assessor of the Department who expressed the opinion that he was medically unsuitable for invalidity pension.

I am advised by the Social Welfare Appeals Office that an appeal was registered on 12 December 2011 and in accordance with the statutory procedures the relevant department papers and the comments of the Deciding Officer on the matter raised in the appeal have been sought. In that context, an assessment by another Medical Assessor will be carried out.

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

Social Welfare Benefits

Martin Ferris

Question:

332 Deputy Martin Ferris asked the Minister for Social Protection the reason an 85 year old person (details supplied) in County Limerick, who lives alone in a house which has no heating or running water and who has had a pacemaker fitted in the last few weeks was advised that they would have to wait 30 weeks for a decision on carer’s allowance; and if she will make a statement on the matter. [4914/12]

I confirm than an application for carer's allowance has been received from the person concerned. On completion of the necessary investigations relating to all aspects of her claim a decision will be made and the person concerned will be notified directly of the outcome.

The average time taken to award a claim for carer's allowance for quarter ended Sept 2011 was 17 weeks, and not the 30 weeks quoted in the question. 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.

While the new systems and processes will facilitate a significant improvement in overall processing times, it should be noted that the intake of new carer's allowance applications continues to increase and that individual claims may continue to take some time to process. Entitlement to carer's allowance is based on satisfying medical, means and residency conditions. In determining entitlement to the allowance, in certain cases unavoidable time lags are involved in making the necessary investigations and inquiries to enable accurate decisions to be made. Delays can also arise if those applying for the allowance are not in a position to supply all the necessary information in support of their claim.

In the meantime, if a person's means are insufficient to meet his or her needs while awaiting a decision on a claim, he or she can apply for a means tested supplementary welfare allowance payment from their local community welfare officer.

Terence Flanagan

Question:

333 Deputy Terence Flanagan asked the Minister for Social Protection the position regarding disability allowance in respect of a person (details supplied); and if she will make a statement on the matter. [4921/12]

The Social Welfare Appeals Office has advised me that the appeal from the person concerned was registered in that Office on 1 April 2011 and, in accordance with the statutory procedures the relevant department papers and the comments of the Deciding Officer on the matters raised in the appeal were sought and received on 13th April. The case was referred to an Appeals Officer on 17th May who decided that the case is to be dealt with by way of an oral hearing.

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 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.

Community Employment Schemes

Finian McGrath

Question:

334 Deputy Finian McGrath asked the Minister for Social Protection the position regarding a community employment scheme in respect of an association (details supplied) in County Mayo. [4922/12]

Due to the current economic circumstances and the need for the Department of Social Protection to find savings of €475 million in Budget 2012, it was necessary to examine all aspects of Departmental expenditure. This has resulted in the following changes being made to the Community Employment (CE) scheme, which were announced as part of Budget 2012:

1. A reduction in the training and materials grants from €1,500 to €500 per participant per annum;

2. The ending of the concurrent entitlement to a CE payment and a social welfare assistance payment for new CE entrants;

3. The ending of the dual payment of Qualified Child Dependent Increases to CE participants in receipt of certain DSP payments.

In relation to the reduction in the training and materials grant the Department will seek to minimise the effects of these changes on those schemes most affected and will examine the income and expenditure of schemes with reference to their capacity to absorb the changes made to the grant.

I have directed that a review of the financial resources of individual schemes be completed by the end of March. The purpose of the review is to examine the income and funding of sponsoring organisations in terms of their ability to continue to deliver the programme. As part of the review alternative sources of support will be examined, particularly the level of funding from other State agencies. 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 outcome of each review will provide a clear picture of the core funding required for each CE 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 CE scheme will be forced to close as a result of the reductions in training and material grants, pending the completion of this review at the end of March.

Social Welfare Benefits

John McGuinness

Question:

335 Deputy John McGuinness asked the Minister for Social Protection if she will expedite a decision regarding a claim for domiciliary care allowance and carer’s allowance in respect of a person (details supplied) in County Kilkenny. [4930/12]

Applications for domiciliary care allowance were received from the person concerned in respect of two children on 13th May 2011. These applications were referred to one of the Department's Medical Assessors who found that the children were not medically eligible for the allowance. She was notified of the decision on 19th August 2011 and has since appealed the decisions.

Currently, one appeal is with the Social Welfare Appeals Office for their consideration and the second case has been reviewed by one of the Department's Medical Assessors. As the Medical Assessor has recommended that the original decision is upheld, this file will also now be sent to the Appeals Office for their consideration.

John McGuinness

Question:

336 Deputy John McGuinness asked the Minister for Social Protection the number of persons in receipt of domiciliary care allowance on a county basis; the number of recipients of domiciliary care whose claims have been reviewed; the number of cases where benefit has been withdrawn following the review; the reasons for withdrawing benefit in view of the fact that the recipients were successful in the first place and in some cases had received the benefit over a number of years; and if she will make a statement on the matter. [4935/12]

There are currently 24,101 persons in receipt of Domiciliary Care Allowance in (DCA) in respect of 25,914 children. A breakdown of the persons in receipt of the allowance on a county basis is not available.

DCA cases are routinely reviewed to ensure that the conditions for receipt of the payment continue to be met. Cases are reviewed based on either:

A scheduled review based on the recommendation of the medical assessor when the claim is initially processed; or

On the basis of information received about a change of circumstances which potentially affects the continued entitlement of a case already in payment.

Scheduled reviews, on the recommendation of the medical assessor, are based on the prognosis of the child's disability and how their condition may improve over time.

The review interval will vary from 12 months in cases where the child's disability is likely to improve significantly in the short-term, to a 5 or 10 years review date if the child's condition is likely to remain unchanged for the foreseeable future. In circumstances where a child has a lifelong disability that is unlikely to improve by any significant degree, a "do not review again" status may be used.

The total number of scheduled reviews undertaken in 2010 and 2011, based on recommendations from medical advisors are set out in the following table. As the shortest review interval is 12 months, the first review was not carried out until mid-2010, given that responsibility for the Allowance transferred to the Department in April 2009.

Year

Reviews

Still Eligible

Not Eligible

Pending

2010

134

80

54

0

2011

403

164

187

52

Customers who are reviewed are asked to provide relevant up-to-date medical evidence and details of the extra care needs of their child. This information is assessed by a medical advisor and a decision is made based on their medical opinion.

The main reason that a customer is disallowed DCA following a review is that the child no longer satisfies the medical criteria for the allowance. Where payment is stopped as a result of a review, the customer is invited to submit any further information they may wish to have considered and that information will be further examined and/or they may appeal the decision to the Social Welfare Appeals office.

Redundancy Payments

John McGuinness

Question:

337 Deputy John McGuinness asked the Minister for Social Protection when a redundancy payment will be made to a person (details supplied) in County Kilkenny. [4938/12]

A redundancy lump sum claim in respect of the person concerned was recently awarded. A cheque payment issued directly to the person concerned.

Social Welfare Appeals

John McGuinness

Question:

338 Deputy John McGuinness asked the Minister for Social Protection if she will expedite an application for carer’s allowance which is now under appeal in respect of a person (details supplied) in County Carlow. [4941/12]

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.

John McGuinness

Question:

339 Deputy John McGuinness asked the Minister for Social Protection if an application for invalidity pension now under appeal will be expedited and approved in respect of a person (details supplied) in County Dublin; the time frame involved for such appeals; and when a decision is likely. [4948/12]

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision.

Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts.

Following the submission of additional evidence the Appeals Officer has agreed to review the case. The person concerned will be contacted when the review of her appeal has been finalised.

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.

John McGuinness

Question:

340 Deputy John McGuinness asked the Minister for Social Protection if she will expedite an appeal for disability allowance in respect of a person (details supplied) in County Kilkenny; if a cut in carer’s allowance being paid will be restored; and if supplementary allowance equal to full benefit will be paid while the appeal is being dealt with. [4951/12]

The disability allowance claim of the person concerned was disallowed by a Deciding Officer following an assessment by a Medical Assessor of the Department who expressed the opinion that he was medically unsuitable for the allowance.

I am advised by the Social Welfare Appeals Office that an appeal was registered on 24 January 2012 and in accordance with the statutory procedures the relevant department papers and the comments of the Social Welfare services on the matter raised in the appeal have been sought. In that context, an assessment by another Medical Assessor will be carried out.

Arrangements are being put in place to increase his spouse to the maximum rate of carer's allowance and, as a result, Community Welfare Services have been contacted to make the necessary adjustments to the supplementary welfare allowance payment of the person concerned.

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

Social Welfare Benefits

Aengus Ó Snodaigh

Question:

341 Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if she will investigate the case of a person (details supplied) in County Galway to see if it would be possible to recoup any overpayments that may have been made to them in a phased manner and at a rate and frequency that is affordable for the family concerned; and her views on whether it should be sufficient for claimants to alert one section of her Department to any relevant changes in their circumstances and that this information should then be automatically shared across schemes. [4962/12]

The person concerned was awarded a Family Income Supplement (FIS) payment on 19 December 2011 with effect from 28 July 2011.

At the time of award of her FIS claim the person concerned had an outstanding debt of €451.41 to the Department, on foot of a previous overpayment of Jobseeker's Allowance. This debt was recorded centrally on the Department's debt management system.

Accordingly the person concerned was contacted by the Department, prior to payment of her FIS commencing, regarding arrangements for refunding the outstanding debt from her FIS payment.

At the time the person concerned agreed to refund the outstanding debt in full from the arrears of FIS due her.

The person concerned was subsequently informed of a possible overpayment of her One Parent Family Payment (OPFP) but following consideration of her case it was decided that no overpayment had arisen.

Accordingly the person concerned has no further outstanding debts to the Department at present.

Social Welfare Appeals

Pearse Doherty

Question:

342 Deputy Pearse Doherty asked the Minister for Social Protection when a final decision on the application for disability allowance will be made in respect of a person (details supplied) in County Donegal; and if he will provide an explanation for the delay. [4983/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 15 June 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 9 November 2011 and the appeal was assigned to an Appeals Officer on 22 November 2011 who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits

Pat Breen

Question:

343 Deputy Pat Breen asked the Minister for Social Protection the reason a person (details supplied) in County Clare has not been facilitated; and if she will make a statement on the matter. [4995/12]

The claim for treatment benefit was approved on 4 January 2012 and a letter of approval issued to the person concerned at the time. As her claim was lodged in December 2011, before the new rates took effect, it was approved at the older higher grant rate and this decision will be honoured.

Redundancy Payments

Peter Mathews

Question:

344 Deputy Peter Mathews asked the Minister for Social Protection her views on a matter (details supplied) regarding employer’s rebate on redundancies; and if she will make a statement on the matter. [4996/12]

The primary purpose of the redundancy payments scheme is to compensate workers, under the Redundancy Payments Acts, 1967 to 2007, for the loss of their jobs by reason of redundancy. Compensation is based on the worker's length of reckonable service and reckonable weekly remuneration, subject to a ceiling of €600 per week. It is the responsibility of the employers to pay statutory redundancy to all their eligible employees. An employer who pays statutory redundancy payments to the employees is then entitled to a rebate from the State. Rebates to employers and lump sums paid directly to employees are paid from the Social Insurance Fund. As part of the deliberations on Budget 2012 it was decided that the 60% level of rebate is not sustainable in the current economic climate. While this may cause difficulties for employers it should be noted that redundancy rebate payments to employers are not common in many EU and other jurisdictions. While I acknowledge that this change may cause difficulties for employers, it must be recognised that in the current economic climate, the 60% level of rebate is not sustainable.

Social Welfare Appeals

Niall Collins

Question:

345 Deputy Niall Collins asked the Minister for Social Protection the position regarding an appeal for invalidity pension in respect of a person (details supplied) in County Limerick. [5015/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 22 November 2011. 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. When they are received, the appeal in question will be referred in due course to an Appeals Officer for consideration. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Departmental Staff

Gerry Adams

Question:

346 Deputy Gerry Adams asked the Minister for Social Protection the salaries and allowances paid to her private secretary and to the Secretary General of her Department; and if she will make a statement on the matter. [5034/12]

The salary paid to the Secretary General of my Department is €191,417. The Secretary General is not in receipt of an allowance. In my Department, the Private Secretary to the Minister is a civil servant at Higher Executive Officer level. The appropriate salary scale is €43,816 —€55,415, with an allowance of €19,653 per annum. The salaries and allowances payable to civil servants are in accordance with those outlined by the Department of Public Expenditure and Reform.

Appointments to State Boards

Gerry Adams

Question:

347 Deputy Gerry Adams asked the Minister for Social Protection if she will provide a breakdown of the number of appointments that have been made to State boards by her since she came to office, including the names of the appointees and the boards they have been appointed to; the number of these appointments that have been made using new procedures involving the advertising of such posts on her Department’s websites and the interview of the chairperson of boards by Oireachtas committee; if she will highlight situations where this process has not occurred; and the reason it has not occurred in each case. [5050/12]

The three statutory bodies operating under the aegis of the Department of Social Protection are the Social Welfare Tribunal, the Citizens Information Board and the Pensions Board. In addition, the Office of the Pensions Ombudsman (which does not have a board) comes under the remit of the Department. The Social Welfare Tribunal consists of a Chairman and four ordinary members, two of whom are nominated by the Irish Congress of Trade Unions (ICTU) and two of whom are nominated by the Irish Business and Employers Confederation (IBEC). The positions of the four ordinary members are not subject to the new procedures involving the advertising of positions due to the nature of the work of the Social Welfare Tribunal. The Tribunal deals with cases where entitlement to Jobseeker's Benefit or Jobseeker's Allowance is refused where the claim is connected to a trade dispute. Where a person feels that he/she has been unreasonably deprived of employment because his/her employer refused or failed to follow the negotiating machinery available for settling disputes, he/she may apply to the Tribunal for an adjudication on the matter. Therefore in the interest of fairness the board is made up of individuals that are deemed to be representative of both employers and employees and are nominated by both ICTU and IBEC. One of ICTU members of the Tribunal resigned in 2011 and on the nomination of ICTU a replacement member, Ms Chris Rowland, was appointed by me commencing from 24 October 2011.

I have made two appointments to the Citizens Information Board since coming into office. Mr. Eugene McErlean was appointed with effect from 7 September 2011. This followed my public request for expressions of interest from suitably qualified and experienced individuals announced in July 2011. 172 applications were received and the appointment was made following a rigorous selection process in accordance with the legislation governing appointments to such a board. On 1 November 2011, I appointed Ms Fiona Ward as a member and as she is the Department's representative on the board, the appointment was not subject to the new procedures.

The Pensions Board is a representative body and the composition of its membership is set out in the Pensions Act 1990. The Board must comprise representatives of Trade Union Members, Employers, Occupational Pension Schemes, the Actuarial Profession, the Accounting Profession, the Legal Profession, Consumer Interests, Pensioner Interests, the Minister for Finance and the Minister for Social Protection. While all of its members are appointed by me, the Pensions Act 1990 provides that of the 16 members, eight are nominated by representative bodies. These eight members represent the first six of the interests set out above. This comprises two representatives each of the trade union and employer groups and one representative each of the occupational pension schemes, the actuarial, accounting and legal professions. I have not made any appointments to The Pensions Board. A new Board was appointed on 21 December 2010 for a period of five years. No appointments have been made using the new procedures as the current Board was appointed prior to the new procedures being adopted. There is currently one vacancy on the Pensions Board to be filled by a nominating body. According to section 23 of The Pensions Act 1990 as amended, the Board may act notwithstanding one or more than one vacancy among its members.

Community Employment Schemes

Pat Breen

Question:

348 Deputy Pat Breen asked the Minister for Social Protection the position regarding a community employment scheme (details supplied); and if she will make a statement on the matter. [5054/12]

Due to the current economic circumstances and the need for the Department of Social Protection to find savings of €475 million in Budget 2012, it was necessary to examine all aspects of Departmental expenditure. This has resulted in the following changes being made to the Community Employment (CE) scheme, which were announced as part of Budget 2012: a reduction in the training and materials grants from €1,500 to €500 per participant per annum; the ending of the concurrent entitlement to a CE payment and a social welfare assistance payment for new CE entrants; and the ending of the dual payment of Qualified Child Dependent Increases to CE participants in receipt of certain DSP payments. In relation to the reduction in the training and materials grant the Department will seek to minimise the effects of these changes on those schemes most affected and will examine the income and expenditure of schemes with reference to their capacity to absorb the changes made to the grant.

I have directed that a review of the financial resources of individual schemes be completed by the end of March. The purpose of the review is to examine the income and funding of sponsoring organisations in terms of their ability to continue to deliver the programme. As part of the review alternative sources of support will be examined, particularly the level of funding from other State agencies. 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 outcome of each review will provide a clear picture of the core funding required for each CE 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 CE scheme will be forced to close as a result of the reductions in training and material grants, pending the completion of this review at the end of March.

Departmental Staff

Mary Lou McDonald

Question:

349 Deputy Mary Lou McDonald asked the Minister for Social Protection the number of retired public servants that have been rehired by her, or rehired by State agencies under her aegis. [5075/12]

There were eight retired former public servants recruited on short-term contracts in the Department of Social Protection from June 2010. These officers were employed on a part time basis as Appeals Officers, and their contracts terminated at the end of December 2011. There were no retired public servants hired by the Social Welfare Tribunal, the Citizens Information Board or the Office of the Pensions Ombudsman. The Pensions Board has recently recruited two ex-Garda personnel on three-year contracts. This will enhance the investigative skills available within the Pensions Board.

Redundancy Payments

Charlie McConalogue

Question:

350 Deputy Charlie McConalogue asked the Minister for Social Protection the position regarding a redundancy payment in respect of a person (details supplied) in County Donegal; and if she will make a statement on the matter. [5089/12]

A redundancy lump sum claim in respect of the person concerned was received on 26 July 2011. The Department is processing claims received at the start of June 2011.

Social Welfare Code

Pat Breen

Question:

351 Deputy Pat Breen asked the Minister for Social Protection if she will clarify the situation in respect of a scheme (details supplied); and if she will make a statement on the matter. [5093/12]

The Government announced in Budget 2012 a reduction in the materials and training allocation for Job Initiative schemes. For 2012 the grant per place will be €434.90. This will result in a funding reduction for materials/overheads from 8% to 4.35%. The minimum weekly payment to a Job Initiative participant will continue at €416. In money terms the materials, overheads and training element of the grant will be reduced to €18.90 per place per week. Grant aid to the sponsors to cover supervision of the project will continue on the same scale as community employment supervisors. I have given assurances to community and voluntary organisations that no community employment scheme will be forced to close as a result of the reductions in training and material grants, pending the completion of a review at the end of March.

Charlie McConalogue

Question:

352 Deputy Charlie McConalogue asked the Minister for Social Protection if she will confirm that the free travel pass will be retained for old age pensioners, persons in receipt of disability allowance and persons in receipt of carer’s allowance; and if she will make a statement on the matter. [5105/12]

Funding for the free travel scheme was frozen by the previous Government at 2010 levels of expenditure as outlined in the National Recovery Plan 2011-14 and the 2011 Budget. This cap was confirmed in the 2012 Budget. However, there were no changes to the eligibility of old age pensioners, or people in receipt of disability allowance or carer's allowance. 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. Every scheme operated by my Department, including free travel, was examined in the context of the Comprehensive Review of Expenditure and will continue to be kept under review given the ongoing need for savings. In addition to closely monitoring each scheme and its cost, the review continues to inform my decisions in relation to future spending and budgetary matters.

Stephen S. Donnelly

Question:

353 Deputy Stephen S. Donnelly asked the Minister for Social Protection if she will publish the report on the rental sector prepared by her prior to the announcement of changes to rent supplement rates; if any other analysis of the sector was done prior to announcing the change to rent allowance; if she will publish same; the reason County Wicklow has seen the biggest drop in the rent allowance rates payable; the measures that were taken to communicate these changes to landlords and tenants; the supports being offered to assist tenants now faced with attempting to renegotiate their rent, such as mediation; and the provision in place for persons who fail to renegotiate their rent and fail to find an alternative suitable rental home and are thereby threatened with homelessness. [5111/12]

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 at end 2011, a 61% increase.

As the Department currently funds approximately 40% of the private rented sector it is essential that State support for rents are kept under review, reflect current market conditions and do not distort the market in a way that could increase rent prices for others, such as low paid workers and students.

New maximum rent limits came into force on 1 January 2012 and are based on the most up to date market data available. The emphasis of the rent limit review was to ensure that maximum value for money for tenants and the taxpayer was achieved whilst at the same time ensuring that people on rent supplement are not priced out of the market for private rented accommodation.

Analysis of the rental market for Wicklow carried out by my Department found that rental prices for the Bray area were having a distorting effect on the overall analysis for Wicklow. Accordingly for the purpose of establishing limits for the county, the Bray area was excluded and will now be managed separately.

Officials in my Department are in the process of drawing up local limits for the Bray area. This will ensure that tenants for the full county may continue to source accommodation within the prevailing market rates and ensure the best value for money is achieved for the taxpayer.

As existing claims come up for review or when an existing lease expires, they will be reassessed using the new limits. Where a claim is under review and the rent is above the new maximum limit the customer is being asked to contact the landlord to renegotiate the rent. Where a landlord does not agree to reduce the rent to the new rates departmental officials will discuss the options open to the tenant up to and including seeking alternative accommodation. It is accepted that in limited circumstances rent supplement recipients may be forced to secure alternative accommodation. Such applicants will be afforded reasonable time periods to secure new accommodation. Department officials administering rent supplement will continue to ensure that the rent supplement recipients' accommodation needs are met. There will be no incidence of homelessness due to these changes. I will be publishing the rent limits review report in the coming days.

Social Welfare Appeals

John Lyons

Question:

354 Deputy John Lyons asked the Minister for Social Protection the reason for the delay in considering an appeal in respect of a person (details supplied) in Dublin 9; and if she will ensure that the appeal is heard and processed as soon as possible. [5113/12]

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 Code

Richard Boyd Barrett

Question:

355 Deputy Richard Boyd Barrett asked the Minister for Social Protection if there have been any changes to the granting of the domiciliary care allowance to parents of children with autism; if there is a review of extant cases; the number, if any, that have lost their domiciliary care allowance on this basis; and if she will make a statement on the matter. [5116/12]

Richard Boyd Barrett

Question:

356 Deputy Richard Boyd Barrett asked the Minister for Social Protection if there has been a review of all persons in receipt of the domiciliary care allowance; if there have been any changes to the criteria on which this is granted; and if so, the number of persons that have lost the payment. [5117/12]

I propose to take Questions Nos. 355 and 356 together.

There has been no change in the qualifying criteria for Domiciliary Care Allowance (DCA). In general, the allowance can be payable in respect of children under 16 years of age who 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.

Eligibility for the DCA is not based primarily on the medical or psychological condition, but on the resulting lack of function of body or mind necessitating the degree of extra care and attention required. Each application is assessed on an individual basis taking account of the evidence submitted. In addition, the person claiming the Allowance for the child must be providing for the care of the child and must be considered habitually resident in the State.

DCA cases are routinely reviewed to ensure that the conditions for receipt of the payment continue to be met. Cases are reviewed based on either:

1) A scheduled review based on the recommendation of the medical assessor when the claim is initially processed; or

2) On the basis of information received about a change of circumstances which potentially affects the continued entitlement of a case already in payment.

Scheduled reviews, on the recommendation of the medical assessor, are based on the prognosis of the child's disability and how their condition may improve over time.

The review interval will vary from 12 months in cases where the child's disability is likely to improve significantly in the short-term, to a 5 or 10 years review date if the child's condition is likely to remain unchanged for the foreseeable future. In circumstances where a child has a lifelong disability that is unlikely to improve by any significant degree, a "do not review again" status may be used.

Customers who are reviewed are asked to provide relevant up-to-date medical evidence and details of the extra care needs of their child. This information is assessed by a medical advisor and a decision is made based on their medical opinion.

The total number of scheduled reviews undertaken in 2010 and 2011, based on recommendations from medical advisors are set out in the table below. As the shortest review period is 12 months, the first review was not carried out until mid-2010, given that responsibility for the Allowance transferred to my Department from the HSE in April 2009.

Year

Reviews

Still Eligible

Not Eligible

Pending

2010

134

80

54

0

2011

403

164

187

52

Social Welfare Appeals

Michael Healy-Rae

Question:

357 Deputy Michael Healy-Rae asked the Minister for Social Protection if she will expedite an application for rent allowance in respect of a person (details supplied). [5148/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 1st December 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Designated Person on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 6th January 2012 and the appeal was assigned to an Appeals Officer on 24 January 2012 who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.

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

Question No. 358 withdrawn.

Social Welfare Benefits

Mary Lou McDonald

Question:

359 Deputy Mary Lou McDonald asked the Minister for Social Protection when an application for rent allowance will be completed in respect of a person (details supplied) in County Dublin. [5159/12]

The person concerned is now in receipt of her full entitlement to rent supplement based on her household circumstances.

Questions Nos. 360 and 361 withdrawn.

Sean Fleming

Question:

362 Deputy Sean Fleming asked the Minister for Social Protection if mortgage interest supplement is available to persons who took out a mortgage on their house in the year 2000 where the mortgage was an equity release mortgage; and if she will make a statement on the matter. [5288/12]

The mortgage interest supplement scheme is designed to help those who have difficulty meeting their mortgage repayment schedule where their means are insufficient to meet their needs. The scheme provides a short-term "safety net" to ensure that people do not suffer hardship due to loss of employment. The decision to award a mortgage interest supplement is dependent on a number of factors including the reason for which the mortgage was taken out rather than the type of mortgage.

A supplement may be paid in respect of mortgage interest only, to eligible people in respect of a house which is their sole place of residence.“Mortgage interest” is defined in Section 14 of the Social Welfare (Miscellaneous Provisions) Act 2008. In accordance with this definition, only that portion of interest that relates to the purchase, essential repair or improvement of a person’s sole or main residence is taken into account in assessing entitlement to mortgage interest supplement.

Social Welfare Appeals

Paul Connaughton

Question:

363 Deputy Paul J. Connaughton asked the Minister for Social Protection when an appeal for invalidity pension will be finalised in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [5362/12]

I am advised by the Social Welfare Appeals Office that an appeal for the person concerned hasn't been registered. However, because of the large number of appeals currently being lodged, there is a backlog in the office in registering appeals. If the appeal has been submitted in recent weeks the appeal will be registered and acknowledged in due course. The Chief Appeals Officer has assured me that all appropriate measures are being taken to address this situation.

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.

Pension Provisions

Jonathan O'Brien

Question:

364 Deputy Jonathan O’Brien asked the Minister for Social Protection if her attention has been drawn to the fact that impending changes to the qualification criteria of annual PRSI contribution bands for the contributory State pension will mean less money for some pensioners who become eligible from September 2012; if she conducted an equality impact assessment before introducing same; if she will provide clarity in long-term plans for pensioners; and if she will make a statement on the matter. [5363/12]

Olivia Mitchell

Question:

389 Deputy Olivia Mitchell asked the Minister for Social Protection the changes in criteria proposed to qualify for a contributory State pension under the National Framework planned for 2020; and if she will make a statement on the matter. [5599/12]

I propose to take Questions Nos. 364 and 389 together.

The challenges facing the Irish pension system are significant. There are currently six people of working age for every pensioner and this ratio is expected to decrease to approximately two to one by 2050. In addition, those aged over 65 will account for a greater proportion of the population while the proportion who are of working age is expected to decline. With increases in life expectancy, more people are living to pension age and living longer in retirement. The period for which an average pension will be paid will be greater than the period for which a pension is paid at present. This has obvious and significant implications in relation to the future costs of State pension provision.

The amount of pension paid has always been calculated based on the person's contribution to the PRSI system over a working life. This needs to be adhered to if we are to be able to fund pensions into the future. The upcoming change to the PRSI contribution bands for State pension (contributory) supports this policy objective. Currently a person with an average of 20-47 PRSI contributions per year over their working life receives a weekly State pension of only €4.50 less than a person with a yearly average of 48 or more PRSI contributions. This situation is neither fair, equitable nor sustainable.

With effect from September 2012, the rate band of between 20 and 47 yearly average contributions will be replaced with new rate bands of between:

(i) 40 and 47 yearly average contributions

(ii) 30 and 39 yearly average contribution and

(iii) 20 and 29 yearly average contributions.

Therefore, the rate of State pension paid to new applicants will be appropriate to the average number of contributions paid. Those who have fewer contributions will receive a lower rate of pension. The maximum rate is unchanged as is the rate for those with yearly average contributions between 40 and 47. Claimants who qualify for a reduced rate of State pension (contributory) will have the option to qualify for a higher rate of State pension (non-contributory) if they have an income need. 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, prior to the finalisation of the Budget. 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. 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. As part of a series of planned reforms to pensions to address these issues, it is also planned to adopt a ‘total contributions approach' to State pension to replace the current averaging system. The current date for the proposed introduction of this approach is 2020. The level of pension paid will be directly proportionate to the number of social insurance contributions made by a person over his or her working life. This change reflects the potential that people now have to accumulate contributions as a result of the comprehensive nature of social insurance coverage which has been in place for 20 years, and the growth in the labour force over that period. Accordingly, a total contributions requirement of 30 years contributions for a maximum pension will be introduced. Under the new approach, a minimum rate of State pension (contributory) will be payable at one third (10/30ths) of the maximum rate, which will be 30/30ths. These measures support the social contract between the State and the individual whereby those who pay most in a working life benefit most in retirement.

Social Welfare Appeals

Paul Connaughton

Question:

365 Deputy Paul J. Connaughton asked the Minister for Social Protection when an appeal will be heard in respect of a person (details supplied) in County Limerick; and if she will make a statement on the matter. [5366/12]

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:

366 Deputy Bernard J. Durkan asked the Minister for Social Protection if and when payment under the carer’s allowance scheme will be issued in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [5372/12]

I confirm than an application for carer's allowance has been received from the person concerned. On completion of the necessary investigations relating to all aspects of her claim a decision will be made and the person concerned will be notified directly of the outcome.

Social Welfare Appeals

Dominic Hannigan

Question:

367 Deputy Dominic Hannigan asked the Minister for Social Protection if she will initiate a review of an appeal for domiciliary care allowance in respect of a person (details supplied) in County Meath; the reasons set out; and if she will make a statement on the matter. [5373/12]

I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence, including that adduced at oral hearing, disallowed the appeal of the person concerned. The person concerned was notified of the Appeals Officer decision on 20 January 2012.

Under legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts.

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

Pat Breen

Question:

368 Deputy Pat Breen asked the Minister for Social Protection, further to Parliamentary Question No. 185 of 6 December 2011, if she will provide an update on the status of an application (details supplied); and if she will make a statement on the matter. [5375/12]

Further to my response to Parliamentary Question Ref. No. 38752/11 of 6 December 2011, I am advised by the Social Welfare Appeals Office that there is no update to the information given previously.

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

Denis Naughten

Question:

369 Deputy Denis Naughten asked the Minister for Social Protection when a person (details supplied) in County Roscommon will receive their redundancy payment; the reason for the delay; and if she will make a statement on the matter. [5381/12]

A redundancy lump sum claim in respect of the person concerned was received on 27 September 2011. The Department is currently processing claims received at the start of June 2011.

Social Welfare Appeals

Sandra McLellan

Question:

370 Deputy Sandra McLellan asked the Minister for Social Protection if she will have the file of a person (details supplied) in County Cork immediately sent to the appeals office from the invalidity pension section; and if she will make a statement on the matter. [5390/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 6 January 2012. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred in due course to an Appeals Officer for consideration.

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

Niall Collins

Question:

371 Deputy Niall Collins asked the Minister for Social Protection the position regarding an appeal in respect of a person (details supplied) in County Limerick. [5392/12]

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.

Emmet Stagg

Question:

372 Deputy Emmet Stagg asked the Minister for Social Protection if she is taking any action to deal with the serious delays in determining appeals lodged with the social welfare appeals office; and in particular if she will inquire when an appeal will be dealt with in respect of a person (details supplied) in County Kildare. [5399/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 13th June 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 26th October 2011 and the appeal was assigned to an Appeals Officer on 13 January 2012 who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.

In an effort to reduce the processing times, the Department appointed 9 additional Appeals Officers during 2011 who 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.

Question No. 373 withdrawn.

Community Employment Schemes

Charlie McConalogue

Question:

374 Deputy Charlie McConalogue asked the Minister for Social Protection if funding arrangements have changed for community employment schemes; and if she will make a statement on the matter. [5421/12]

Due to the current economic circumstances and the need for the Department of Social Protection to find savings of €475 million in Budget 2012, it was necessary to examine all aspects of Departmental expenditure. This has resulted in the following changes being made to the Community Employment (CE) scheme, which were announced as part of Budget 2012:

1. A reduction in the training and materials grants from €1,500 to €500 per participant per annum;

2. The ending of the concurrent entitlement to a CE payment and a social welfare assistance payment for new CE entrants;

3. The ending of the dual payment of Qualified Child Dependant Increases to CE participants in receipt of certain DSP payments.

In relation to the reduction in the training and materials grant the Department will seek to minimise the effects of these changes on those schemes most affected and will examine the income and expenditure of schemes with reference to their capacity to absorb the changes made to the grant. SOLAS will continue to provide access to its training programmes to CE participants. The need for training on CE varies depending on the needs of participants and how long they have already been on the scheme and the training already received. Progression to employment is the key aim of the Government and there is a need to ensure that the supports we have in place aim to substantially improve individuals' chances of securing employment.

In the event that the changes in the training and material grant announced in the budget create financial difficulties for schemes, my Department will continue to provide funding for those schemes until the completion of the financial review. In this context, I want to confirm that the funding is available in my Department to make this commitment a reality.

Charlie McConalogue

Question:

375 Deputy Charlie McConalogue asked the Minister for Social Protection if there is a review under way in respect of community employment schemes; and if she will make a statement on the matter. [5422/12]

I have directed that a review of the financial resources of individual schemes be completed by the end of March. The purpose of the review is to examine the income and funding of sponsoring organisations in terms of their ability to continue to deliver the programme. As part of the review alternative sources of support will be examined, particularly the level of funding from other State agencies. 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 outcome of each review will provide a clear picture of the core funding required for each CE 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 CE scheme will be forced to close as a result of the reductions in training and material grants, pending the completion of this review at the end of March. This guarantee will be funded by my Department from its 2012 allocation.

In parallel, my Department is also undertaking a policy review of all employment support programmes under its aegis. CE is being considered as part of this review and stakeholders will be consulted as part of this review process. I expect to have this review in the first quarter of this year. These reports at both the individual CE scheme level and at the macro level will provide good evidence on which to base future policy.

Social Welfare Appeals

Paul Connaughton

Question:

376 Deputy Paul J. Connaughton asked the Minister for Social Protection when a social welfare appeal in relation to farm assist will be completed in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [5429/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 30th March 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 19th April 2011 and the appeal was assigned to an Appeals Officer on 16th June 2011.

The Appeals Officer referred this case to a Social Welfare Inspector for clarification on certain issues, which required further investigation by a Social Welfare Inspector. The case was returned to the Social Welfare Appeals Office on 29th November 2011. Following further review, the Appeals Officer has decided to hold an oral hearing in the case.

There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. 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.

Employment Support Services

Simon Harris

Question:

377 Deputy Simon Harris asked the Minister for Social Protection the community employment status of a person (details supplied) in County Wicklow; if she will arrange for a representative of FÁS to contact the person to discuss their employment and training options; and if she will make a statement on the matter. [5450/12]

The person in question has participated on the Community Employment programme for 7 years, which is the maximum participation limit for a person of 55 years of age or over who is also in receipt of a disability-linked social welfare payment. She has therefore exhausted all of her eligibility to participate on the Community Employment programme. She can contact the Employment Services Office of the Department of Social Protection at their Bray office for explore any other options open to her with regards to training or employment.

Social Welfare Code

Caoimhghín Ó Caoláin

Question:

378 Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection the number of Irish, EU and non-EU citizens who were refused a welfare payment in 2011 due to failure to satisfy the habitual residence condition. [5453/12]

The number of applications that have been disallowed welfare payments, based on the failure to satisfy the habitual residence condition (HRC), from 1 January 2011 to 31 December 2011 is 4,494. A breakdown of the figures by nationality groupings is set out in the following tabular statement:

Table A: Number of Applications disallowed based on HRC in 2011

Scheme

Irish

EU

Non-EU

Total

Child Benefit

24

861

224

1,109

Disability Allowance

35

309

58

402

Carer’s Allowance

42

120

60

222

Jobseeker’s Allowance

310

1,761

151

2,222

Interim Jobseeker’s Allowance

28

327

22

377

State Pension Contributory

1

1

2

One Parent Family Payment

15

111

34

160

Total

455

3,490

549

4,494

Social Welfare Appeals

Caoimhghín Ó Caoláin

Question:

379 Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection the number of successfully appealed cases in 2010 and 2011 that were initially refused based on failure to satisfy the habitual residence condition. [5454/12]

The number of cases relating to the habitual residence condition which were successful on appeal — i.e. either allowed in full or partially allowed — was 743 in 2010 and 2,369 in 2011.

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.

European Council Meetings

Patrick O'Donovan

Question:

380 Deputy Patrick O’Donovan asked the Minister for Social Protection the EU Council of Ministers on which she sits; the number of meetings of that Council that have been held between 2007 and 2011; the number of those meetings she attended; the number that were attended by the relevant Minister of State; the number that were attended by an Irish official; and if she will provide the names of those who attended in tabular form. [5473/12]

During the period in question there were a total of twenty nine meetings of the Council for Employment, Social Policy, Health and Consumer Affairs. It is the practice for the Employment and Social Affairs items to be taken on one day of this two day meeting, and Health and Consumer Affairs to be taken separately on the other. In relation to the former, the subject matter covers topics which span the interests of a number of Irish government departments — Social Protection; Jobs, Enterprise, and Innovation; Education and Skills and Justice, Equality and Law Reform. Representation at the Council is decided on the basis of the items to be discussed, and it is often the case that Ministerial attendance from this Department is not considered necessary.

During this period the Minister (that is, myself or my predecessors as Minister for Social Protection) along with Department Officials, attended seven meetings of the Employment, Social Policy, Health and Consumer Affairs Council. A further ten meetings were attended by at least one Department Official. I did not attend the meeting in December 2011 due to the Budget. Minister of State, Deputy Cannon (Education and Skills) led the Irish delegation where the Regulations on co-ordination of social security were on the agenda.

The remaining meetings were not attended by the Minister for Social Protection, and no officials from the Department travelled to these meetings. However, Ministers or Ministers of State from the other Departments concerned may have attended, and officials from the Permanent Representation (including the attaché from the Department of Social Protection) would have attended these meetings.

Date

Meeting

Location

Attended by Minister

Attended by Officials

17/01/11

Informal

Budapest

07/03/11

Formal

Brussels

19/05/11

Formal

Brussels

17/06/11

Formal

Luxembourg

Min Burton

2 Staff

07/07/11

Informal

Sopot

Min Burton

1 Staff

03/10/11

Formal

Luxembourg

01/12/11

Formal

Brussels

1 Staff

17/01/10

Informal

Barcelona

08/03/10

Formal

Strasbourg

07/06/10

Formal

Luxembourg

Min Ó Cuiv

2 Staff

08/07/10

Informal

Brussels

21/10/10

Formal

Luxembourg

06/12/10

Formal

Brussels

1 Staff

22/01/09

Informal

Luhacovice

09/03/09

Formal

Brussels

Min Hanafin

1 Staff

08/06/09

Formal

Luxembourg

08/07/09

Informal

Jonkoping

Min Hanafin

2 Staff

30/11/09

Formal

Brussels

1 Staff

31/01/08

Informal

Brdo

2 Staff

29/02/08

Formal

Brussels

1 Staff

09/06/08

Formal

Luxembourg

1 Staff

10/07/08

Informal

Chantilly

02/10/08

Formal

Luxembourg

16/12/08

Formal

Brussels

Min Hanafin

2 Staff

18/01/07

Informal

Berlin

1 Staff

22/02/07

Formal

Brussels

2 Staff

30/05/07

Formal

Brussels

Min Brennan

5 Staff

05/06/07

Informal

Guimaraes

1 Staff

05/12/07

Formal

Brussels

1 Staff

Social Welfare Benefits

Sean Fleming

Question:

381 Deputy Sean Fleming asked the Minister for Social Protection the number of persons who were refused jobseeker’s allowance in 2011 based on household means which was taken into account at the time (details supplied). [5479/12]

While it is possible to identify cases where means are deemed to be in excess of the weekly limit or the means have not been fully disclosed, it is not possible to identify separately those cases where the means are calculated using the parental income in the household. In 2011, 245,855 Jobseeker's Allowance claims were decided which included 20,865 cases where the persons were refused payment. Of these rejections, the number who were refused as a result of having means in excess of the prescribed limit for receipt of payment was 10,660, which included 1,985 persons under 25 years of age. There were an additional 2,349 customers who were refused payment on the basis of failing to disclose particulars of their means which included 635 persons under 25 years of age.

Given the relatively small numbers of people aged under 25 years of age whose claims were refused on means grounds, I do not consider that there is any understatement of unemployment among that group, based on Live Register statistics. In any event, the official statistics on unemployment are derived from the Quarterly National Household Survey which is entirely independent of the Live Register.

Social Welfare Appeals

Jack Wall

Question:

382 Deputy Jack Wall asked the Minister for Social Protection the position regarding an appeal against a decision to refuse an application for domiciliary care allowance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [5487/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 9th November 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 26th January 2012 and the appeal will be assigned, in due course, to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.

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

Social Welfare Benefits

Jack Wall

Question:

383 Deputy Jack Wall asked the Minister for Social Protection the reason rent supplement has been suspended in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [5550/12]

The person concerned had her rent claim suspended due to a failure to disclose key information. The Department subsequently received the required documentation and lifted the payment suspension. The person concerned is currently in receipt of her full entitlement to rent supplement based on her household circumstances.

Jack Wall

Question:

384 Deputy Jack Wall asked the Minister for Social Protection the reason rent allowance has been suspended in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [5551/12]

Jack Wall

Question:

388 Deputy Jack Wall asked the Minister for Social Protection the reason rent allowance has been suspended in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [5592/12]

I propose to take Questions Nos. 384 and 388 together.

The person concerned had her rent claim suspended due to a failure to disclose required information. The Department subsequently received this documentation and lifted the payment suspension. The person concerned is in receipt of her full entitlement to rent supplement based on her household circumstances.

Social Welfare Appeals

Michael Healy-Rae

Question:

385 Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding an application for domiciliary care allowance in respect of a person (details supplied); and the reason for the delay in the processing of same. [5562/12]

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.

John McGuinness

Question:

386 Deputy John McGuinness asked the Minister for Social Protection if invalidity pension will be approved in respect of a person (details supplied) in County Kilkenny; and if she will expedite a response. [5563/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 3rd October 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 9th January 2012 and the appeal will, in due course, be assigned to an Appeals Officer for consideration.

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

Pat Breen

Question:

387 Deputy Pat Breen asked the Minister for Social Protection when a decision on carer’s allowance will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [5575/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 10th September 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 10th January 2012 and the appeal will be assigned, in due course, to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.

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

Question No. 388 answered with Question No. 384.
Question No. 389 answered with Question No. 364.

Architectural Heritage

Brendan Griffin

Question:

390 Deputy Brendan Griffin asked the Minister for Arts, Heritage and the Gaeltacht if grants will be made available for the renovation of listed buildings in County Kerry; and if he will make a statement on the matter. [4786/12]

Due to the current national economic difficulties and the significant contraction in the capital allocations provided to my Department, the Deputy will appreciate that the resources available for the provision of grants for the protection of the built heritage are limited at this time.

In 2011, the operation of the Local Authority Conservation Grants Scheme and the Civic Structures Conservation Grants Scheme were suspended. However, a Structures at Risk Fund was established by my Department to assist with works to safeguard structures, both in private and civic ownership, protected under the Planning and Development Acts 2000-2010. Categories of structures eligible for grant assistance include those in the Record of Protected Structures of the local authorities and those in Architectural Conservation Areas, where exceptional circumstances are deemed by my Department to apply. This fund was administered by local authorities. I intend to provide an allocation for the Structures at Risk Fund in 2012 and I will be notifying local authorities of the details of the scheme shortly.

It should be noted that the Heritage Council, which is funded by my Department, also provides funding for the protection of the built heritage.

Special Areas of Conservation

Brian Stanley

Question:

391 Deputy Brian Stanley asked the Minister for Arts, Heritage and the Gaeltacht, at the time when Coolrain and Knockacollier were designated special areas of conservation, the other bogs in County Laois that were surveyed or considered for SACs. [4861/12]

Brian Stanley

Question:

392 Deputy Brian Stanley asked the Minister for Arts, Heritage and the Gaeltacht the scientific evidence upon which the designation of the Coolrain bog, County Laois, as a special area of conservation was based, in particular the fauna, plants and wildlife. [4862/12]

Brian Stanley

Question:

393 Deputy Brian Stanley asked the Minister for Arts, Heritage and the Gaeltacht the notification that was sent to the owners of turf banks on Coolrain bog, County Laois, prior to it being designated a special area of conservation; and if he has copies of this correspondence and a list of those to whom it was sent. [4863/12]

Brian Stanley

Question:

394 Deputy Brian Stanley asked the Minister for Arts, Heritage and the Gaeltacht the notification that was sent to the owners of turf banks on Coolrain Bog, County Laois, to inform them that it had been designated a special area of conservation; and if he has copies of this correspondence and a list of those to whom it was sent. [4864/12]

I propose to take Questions Nos. 391 to 394, inclusive, together.

Coolrain Bog is a site of considerable conservation significance comprising as it does an active raised bog, a rare habitat in the EU and one that is becoming increasingly scarce and under threat in Ireland. Active raised bog is listed as a priority habitat on Annexe I of the EU Habitats Directive. Priority status is given to habitats and species that are threatened throughout the EU. Ireland has a high proportion of the total EU resource of this habitat type (over 60%) and so has a special responsibility for its conservation at an international level.

Coolrain Bog was selected as one of 24 SAC sites notified for designation in 2002 for the protection of raised bog habitat, following a review of 136 sites previously identified as the most important sites for this habitat in Ireland. The review was based on extensive survey work going back to 1983. The bog was first surveyed in 1983 as part of a national survey of raised bogs by the National Parks and Wildlife Service. In a review of these surveys in 1990, the site was considered as "very important", as the most southerly intact example of a true midland raised bog. It was re-surveyed in 1994 as part of the Natural Heritage Area (NHA) Survey and was considered to be recovering well from a severe fire. The bog was surveyed again in 1999 as part of the Raised Bog Restoration Project and the report recommended it for SAC status, due to its location and its large area of active bog habitat.

The site accounts over these years provide information on the presence of typical raised bog features, such as pools, hummock/ hollow complexes, flushes, etc. The presence of characteristic species indicate the occurrence and extent of active peat formation. Unlike most other raised bogs, Coolrain Bog developed over Old Red Sandstone rather than limestone, a factor that will have affected the water chemistry of the site and the early development of the bog. Using aerial photographs, the high bog areas and any visible features, such as flushes and pools, were mapped and measured. Drains, areas of burning and forestry on the high bog, along with active peat cutting, were also recorded. Land use and drainage in the cutover bog was recorded and the cutover assessed for regeneration potential.

All of this information was used when the site was reassessed in 2002 as part of the final review to select raised bogs for NHA and SAC designation. In the 2002 review, the specific criteria used to select raised bogs of conservation importance were as follows:

1. Location/peat archive

2. Past ratings as to the ecological importance of the site

3. Active peat formation: hummock/ hollows, sphagnum species

4. High bog area (>60ha)

5. Integrity: percentage of original high bog remaining

6. Habitat diversity: pools, flushes, soaks, bog woodland and semi-natural margins

7. Geomorphology (geohydrology): basin, ridge, floodplain

8. Geology

9. Climatic variation

10. Proximity to SACs, Special Protection Areas (SPAs) and NHAs, especially other raised bog sites

Coolrain was found to merit selection as an NHA under criteria 1, 3, 4, 8 and 9. Because of its importance for the range of the Midland Raised Bog type, it was also assessed as suitable to be an SAC, where it received an overall assessment of B ("good value"), which is considered more than adequate for SAC designation.

Between 2004 and 2008, restoration work was carried out by Coillte on 56 ha of the SAC as part of an EU LIFE-funded project. This work has included the removal of invasive species from the high bog and felling of trees and blocking of drains on the cutover bog. While the effectiveness of the work was somewhat limited by ongoing turf cutting and drainage of adjacent areas, it should in time improve the conservation status of the site.

When Coolrain and Knockacoller Bogs were being assessed, five other bogs — Moanavan/Yellow Bog, Clonsoghy, Killnamuck (Abbyleix), Monaincha/Ballaghmore and Clonreher Bog — in County Laois were also considered for designation as either NHAs or SACs. Coolrain and Knockcoller Bogs were chosen for SAC designation due to the superior quality of their habitat. Monaincha/Ballaghmore and Clonreher Bogs were considered to be of sufficient conservation value to merit designation as NHAs. The three other bogs were not considered to be to be of sufficient value to merit designation. Two other potential NHAs (Rossagad, Knockaroe) were not considered as they had been already assessed as inadequate in earlier surveys. In recent years, Killnamuck (Abbyleix) Bog, a Bord na Móna site which had been drained but not cut, was extensively restored and may be considered for designation in the future. A copy of the letter which issued to landowners and those with an interest in the site, in December 2002, notifying them of the intention to designate Coolrain Bog as an SAC will be sent directly to the Deputy. In addition, notice of intention to designate the site was advertised in the Leinster Express on 21st December 2002 and displayed in various public access points in the area. The list of those notified is deemed to be a personal record and consequently is not publicly available.

The Coolrain site has been formally adopted by the European Commission, giving it the full protection of the Habitats Directive. The site will be formally designated, along with all of Ireland's SAC sites, over the coming year, though this will not affect the legal protection it is already afforded. Landowners and turbary right owners will be notified of its formal designation at that time.

Departmental Staff

Gerry Adams

Question:

395 Deputy Gerry Adams asked the Minister for Arts, Heritage and the Gaeltacht the salaries and allowances paid to his private secretary and to the secretary general of his Department; and if he will make a statement on the matter. [5022/12]

I have appointed a civil servant at Executive Officer grade as my private secretary. The private secretary is paid in accordance with the Executive Officer pay scale and the post also carries a gross annual allowance of €20,685. The Secretary General of my Department receives a gross annual salary of €188,640.

Departmental Bodies

Gerry Adams

Question:

396 Deputy Gerry Adams asked the Minister for Arts, Heritage and the Gaeltacht if he will provide a breakdown of the number of appointments that have been made to State boards by him since he came to office including the names of the appointees and the boards they have been appointed to; the number of these appointments that have been made using new procedures involving the advertising of such posts on his Department’s websites and the interview of the chairperson of boards by Oireachtas committee; if he will highlight situations where this process has not occurred; and the reason it has not occurred in each case. [5038/12]

Mary Lou McDonald

Question:

397 Deputy Mary Lou McDonald asked the Minister for Arts, Heritage and the Gaeltacht the number of retired public servants that have been rehired by him, or rehired by State agencies under his aegis. [5063/12]

I propose to take Questions Nos. 396 and 397 together.

The information sought by the Deputy concerning appointments to State boards in the bodies funded from my Department's Vote Group is set out in the following table. In relation to the re-hiring of retired public servants, in common with other Government Departments, my Department does, from time to time, engage the assistance of retired staff on a consultancy basis where particular expertise or experience in Civil and Public Service procedures is required in relation to a particular matter. In this regard, my Department has engaged two former senior officials to carry out specific pieces of work. With regard to the bodies funded from my Department's Vote Group, Údarás na Gaeltachta have retained the services of one former official, Foras na Gaeilge have re-hired three staff members to carry out specific specialised work and the Ulster-Scots Agency have re-hired two public servants.

Name of Body

Appointments to the board since 9th March 2011

Appointments made using new procedures

Reason procedures were not adhered to

National Gallery of Ireland

Fred Krehbiel

No

This appointment was in hands prior to the Government decision on the appointment of State Board members.

National Concert Hall

Kieran Tobin (Chair)

Yes

N/A

Dearbhla Collins

John McGrane

Laurie Cearr

Gina Menzies

Bruce Arnold

Margaret Ryan

Ray Bates

Alma Hynes

Artemis Kent

Deborah Kelleher

Peter McEvoy

Pat Heneghan

Rachel Holstead

Patricia Slavin

Chester Beatty Library

Patricia Donlon

Yes

N/A

Crawford Art Gallery

John Bowen (Chair)

No

N/A — as all were reappointments.

Sheila Maguire

Noel O’Keefe

Úna Feely

Jim Corr

Tim Brosnan

Tim Lucey

Arts Council

Eimear O’Connor

Yes

N/A

Ciaran Walsh

Mark O’Regan

John Fanning

Foras na Gaeilge

Liam Ó Maolmhichíl (Chair)

N/A

Foras na Gaeilge is an agency of the North South Language Body. The appointments were made by the North South Ministerial Council, on the basis of 50:50 nominations from each jurisdiction.

Eoghan MacCormaic

Pol Callaghan

Colm Cavanagh

Áine Ní Chiaráin

Bríd Ní Chonghoile

Liam Kennedy

Seosamh Mac Donnchadha

Tomás Mac Eochagáin

Marcus MacRuairi

Seán Mícheal Ó Dómhnaill

Dónal Ó hAiniféin

Therese Ruane

Tomás Sharkey

Cáitríona Ní Shúilleabháin

Ulster-Scots Agency

Tom Scott (Chair)

N/A

This is an agency of the North South Language Body. The appointments were made by the North South Ministerial Council, on the basis of 50:50 nominations from each jurisdiction.

William Leatham

Hilary Singleton

Trevor Wilson

Tony Crooks

Val O’Kelly

Ida Fisher

Sharon Tracey-Dunne

Heritage Council

Ciara Breathnach

Yes

N/A

Heritage Council

Ted Creedon

Catherine Heaney

Fidelma Mullane

Michael Parsons

Yes

N/A

Kieran O’Conor

Scéim na bhFoghlaimeoirí Gaeilge

Michael Healy-Rae

Question:

398 Deputy Michael Healy-Rae asked the Minister for Arts, Heritage and the Gaeltacht if he will review a matter (details supplied) regarding accommodation for students; and if he will make a statement on the matter. [5145/12]

In the context of the national economic difficulties, the funding available to my Department for Gaeltacht schemes has decreased in recent years. As a result, the grant provided to households in the Gaeltacht under Scéim na bhFoghlaimeoirí Gaeilge was reduced in 2010, and again in 2011. CONCOS, the umbrella organisation representing the Irish colleges, requested my Department to endeavour not to decrease the household grant again in 2012. I am happy to confirm that, despite further reductions in the Gaeltacht budget, my Department will be able to maintain payments this year at the 2011 level.

In an effort to further develop the effectiveness of Scéim na bhFoghlaimeoirí Gaeilge and to ensure its future viability, my Department will only make payments under the scheme in 2012 in respect of a maximum of 14 students in each recognised household. This is based on the premise that communication between the students and the host families functions more satisfactorily when smaller numbers of students are involved. This amendment to the scheme should also encourage a greater number of households to become involved in providing accommodation to students attending Irish colleges in Gaeltacht areas.

Turbary Rights

Michael McCarthy

Question:

399 Deputy Michael McCarthy asked the Minister for Arts, Heritage and the Gaeltacht if he will explain the delay in awarding compensation to bog owners who have complied with his orders in relation to the cessation of cutting turf since 2009, and supplied all the relevant documentation in relation to compensation matters; and if he will make a statement on the matter. [5162/12]

Michael McCarthy

Question:

400 Deputy Michael McCarthy asked the Minister for Arts, Heritage and the Gaeltacht if he will confirm the number of turf cutters in Ballinagare bog, County Roscommon, who have applied for compensation; the number of applicants in that area who have received compensation; and if he will make a statement on the matter. [5163/12]

Michael McCarthy

Question:

401 Deputy Michael McCarthy asked the Minister for Arts, Heritage and the Gaeltacht if he will confirm the total number of turf cutters nationwide who have applied for compensation; the number of these who have been awarded compensation; and if he will make a statement on the matter. [5164/12]

Bernard J. Durkan

Question:

407 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the extent to which he has secured agreement with traditional turf cutters throughout the country who are being displaced arising from various conservation measures; the extent to which the various offers made are acceptable to him and the turf cutters; and if he will make a statement on the matter. [5580/12]

Bernard J. Durkan

Question:

408 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the total of traditional turf cutters displaced arising from EU and or other conservation measures; the number with whom agreement have been reached in relation to compensation or other measure in lieu thereof; and if he will make a statement on the matter. [5581/12]

Bernard J. Durkan

Question:

409 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the extent to which agreement has been reached on issues arising from the displacement of traditional turf cutters on the various bogs throughout County Kildare; whether full and final agreement has been achieved in all such cases; and if he will make a statement on the matter. [5582/12]

Bernard J. Durkan

Question:

410 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the extent to which any outstanding issues remain in his efforts to resolve any outstanding issues arising from conservation measures resulting in the displacement of traditional turf cutters at various identified locations throughout the country; if full and final and acceptable agreements have been reached in all such cases; and if he will make a statement on the matter. [5583/12]

I propose to take Questions Nos. 399 to 401, inclusive, and 407 to 410, inclusive, together.

In 2011, I announced a compensation package for turf cutters affected by the cessation of turf cutting in certain designated raised bogs. The package consists of a payment of €1,000 per year, index linked, for 15 years, or their relocation to non-designated bogs to continue to cut turf. Qualifying applicants to the relocation scheme can avail of interim payments or the delivery of turf to their homes while suitable relocation sites are identified and prepared for cutting.

In April 2011 my Department wrote to known owners of land and rights in those SACs that were nominated for designation between 1997 and 1999 to inform them of the cessation of turf-cutting in these sites and to invite applications for compensation. It is estimated that there are 750 individual active turf plots on these SACs. To date, almost 650 applications for compensation or relocation have been received relating to these sites. Similarly, my Department has written to known owners of land and rights in the remaining 24 SACs nominated for designation in 2002. Applications relating to these sites should be returned by the end of February 2012. It is estimated that there are approximately 790 actively cut plots on these sites.

So far, some 51 applicants have been provided with an initial payment of compensation under the terms of the schemes. Assessment and verification of applications is a complex process, particularly in respect of proof of ownership. My officials are working closely with turf cutters, the Department of Agriculture, Food and the Marine (as successors of the Land Commission), Bord na Móna and other organisations to assist people to provide the necessary proof of legal interest with their applications. Clearly, there is a requirement to ensure that public moneys are correctly directed to those who are entitled to it but my Department is working to see how the checking process can be speeded up and simplified, so that people are paid as early as possible.

In respect of relocation, my Department is in discussion with several groups of turf-cutters from different bogs with a view to reaching satisfactory resolutions at a local level. Agreement has been concluded with groups from Clara Bog in County Offaly and from Carrownagappul and Curraghlehanagh SACs in County Galway. These solutions involved turf-cutters moving to nearby Bord na Móna bogs to continue turf-cutting. My Department is working closely with several other groups who have come forward to engage in the process and develop solutions. These discussions are at various stages of advancement but it is clear that engagement with such groups is delivering for turf-cutters on the ground. Bord na Móna and Coillte are providing invaluable assistance with this process.

To further assist in finding suitable alternative bogs, my Department has recently placed adverts in local and national papers inviting owners of privately held non-designated bog to express an interest in selling or leasing land to my Department for use as relocation sites. In Co Kildare, some 49 applications for compensation have been received so far. Of these, 7 have had their initial payment of compensation made. Discussions are ongoing between my officials and two groups of turf cutters in Kildare in respect of relocation and my understanding is that there is significant potential for relocation solutions to be found for these groups. In Co Roscommon, 97 applications for compensation have been received relating to Bellanagare Bog and 9 applicants have received payment to date.

Natural Heritage Areas

Brendan Griffin

Question:

402 Deputy Brendan Griffin asked the Minister for Arts, Heritage and the Gaeltacht, further to Parliamentary Questions Nos. 192 and 198 of 18 January 2012, if he will engage with National Parks and Wildlife Service to prioritise the setting of conservation objectives in respect of Valentia Harbour; and if he will make a statement on the matter. [5221/12]

As indicated by the Minister for Agriculture, Food and the Marine in his reply to the Questions referred to by the Deputy, my Department is working with the Department of Agriculture, Food and the Marine, and the Marine Institute, in the programme of work enabling assessment of licensing applications for aquaculture in Natura sites. My Department received the data reports on Valentia Harbour on 24th January and will publish conservation objectives for Valentia and other sites as soon as possible.

Departmental Initiatives

Catherine Murphy

Question:

403 Deputy Catherine Murphy asked the Minister for Arts, Heritage and the Gaeltacht if, in relation to the proposed year of The Gathering, he intends to advocate or pursue genealogical tourism as part of the proposal; and if he will make a statement on the matter. [5461/12]

I welcome the Gathering initiative of my colleague, the Minister for Transport, Tourism and Sport. The Gathering will be an important event for the tourism sector and one that my Department and the national cultural institutions which operate under its aegis will be very pleased to participate in.

In that context, officials from my Department work closely with their colleagues in the Department of Transport, Tourism and Sport and agencies within its ambit, Fáilte Ireland and Tourism Ireland, in relation to cultural, genealogical and heritage tourism matters. I would see the proposed Gathering as an excellent opportunity to enhance genealogical tourism.

Grant Payments

Denis Naughten

Question:

404 Deputy Denis Naughten asked the Minister for Arts, Heritage and the Gaeltacht if he will confirm that any payments of compensation to turf cutters will not impact on the value of payments they receive from the Department of Agriculture, Food and the Marine; if he will clarify the revenue treatment of such payments; and if he will make a statement on the matter. [5544/12]

The operation of REPS and other Department of Agriculture, Food and the Marine schemes is a matter for the Minister for Agriculture, Food and the Marine. My Department has been in touch with the Department of Finance to clarify the tax treatment of compensation under the Cessation of Turf Cutting Compensation Scheme and with a view to addressing any issues arising in the forthcoming Finance Bill 2012.

Departmental Expenditure

Seán Kyne

Question:

405 Deputy Seán Kyne asked the Minister for Arts, Heritage and the Gaeltacht, further to Parliamentary Question No. 487 of 11 January 2012, if he will provide a breakdown of the current expenditure figures, detailing the funding from him to Inishbofin Island for the years 2002 through to 2011. [5549/12]

The information sought by the Deputy is provided in the following table:

Year

Funding

Breakdown

Total

2002

Cleggan & Inishbofin Ferries

€79,864.20

€79,864.20

2003

Cleggan & Inishbofin Ferries

€73,941.37

€73,941.37

2004

Cleggan & Inishbofin Ferries

€194,442.17

€194,442.17

2005

Inishbofin Island Discovery

€17,091.70

€17,091.70

2006

Inishbofin Island Discovery

€367,364.05

€367,364.05

2007

Inishbofin Island Discovery

€203,600.84

€211,200.84

Inishbofin Arts Festival

€7,600.00

2008

Inishbofin Island Discovery

€190,745.90

€352,501.90

Blackshell Farm Cargo

€150,000.00

Inishbofin Dev. Company (Internet Site)

€6,756.00

Inishbofin Arts Festival

€5,000.00

2009

Inishbofin Island Discovery

€221,371.67

€526,371.67

Blackshell Farm Cargo

€300,000.00

Inishbofin Arts Festival

€5,000.00

2010

Inishbofin Island Discovery

€325,271.62

€630,271.60

Blackshell Farm Cargo

€304,999.98

2011

Inishbofin Island Discovery

€226,284.38

€541,284.36

Blackshell Farm Cargo

€314,999.98

Total

€2,994,333.86

Departmental Bodies

Maureen O'Sullivan

Question:

406 Deputy Maureen O’Sullivan asked the Minister for Arts, Heritage and the Gaeltacht the salary cost and employer cost, travel cost, pension cost and any other relevant cost which relates to the current chief executive of Foras na Gaeilge for every year since they were employed; and if he will make a statement on the matter. [5555/12]

The current chief executive of Foras na Gaeilge has been employed since 1 October 2006 on the basis of a five-year contract, which was renewed in 2011 for a further five years. I am advised by Foras na Gaeilge that the annual costs associated with this position up to 31/12/2011 are set out in the following table:

Salary€

Employer’s PRSI costs€

Travel and subsistence costs€

1/10/2006-31/12/2006

29,817.75

3,080.31

3,682.29

2007

124,282.25

12,716.28

14,918.88

2008

128,987.16

12,629.28

10,042.44

2009

131,650.00

11,451.50

6,476.35

2010

121,118.00

14,063.20.

7,340.01

2011

121,118.00

11,775.84

6,446.39

I am also advised that the chief executive position in question is covered by the North/South Pension Scheme, which is an unfunded, contributory, defined benefit scheme.

Questions Nos. 407 to 410, inclusive, answered with Question No. 399.

Heritage Sites

Bernard J. Durkan

Question:

411 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the total number of heritage sites, buildings and excavations identified throughout the country as being suitable for conservation or restoration projects, with particular reference to the possibility of availing of the skills available due to unemployment and the desirability of protection and restoration of the national heritage; and if he will make a statement on the matter. [5584/12]

Bernard J. Durkan

Question:

412 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the extent to which he has examined the possibility of availing of the opportunities arising from the economic downturn to improve, upgrade or refurbish heritage sites; and if he will make a statement on the matter. [5585/12]

Bernard J. Durkan

Question:

413 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the number of heritage projects involving the restoration or conservation of buildings or sites which are currently in hand throughout the country; the degree to which he has resources available to him for such works; and if he will make a statement on the matter. [5586/12]

I propose to take Questions Nos. 411 to 413, inclusive, together.

My Department is responsible for the legislative framework, general policy development and promotional awareness of Ireland's unique national heritage. My Department provides some limited funding for the built heritage. However, the management and delivery of conservation projects is generally carried out through bodies such as the OPW, the Heritage Council and local authorities. This does not include private investment in conservation projects.

Information in relation to the number of total number of heritage sites, buildings and excavations suitable for conservation and restoration projects is not available to my Department. The Deputy will appreciate that the scope to provide for the protection, conservation and development of the State's built and natural heritage is constrained by the current national economic difficulties and the significant reduction in the public finances. However, my Department will continue to provide funding for the protection, conservation and development of our built and natural heritage, in so far as resources allow, in accordance with best practice and legal requirements, both nationally and internationally.

Arts Funding

Bernard J. Durkan

Question:

414 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the total number of applications for support received in his Department or bodies under his aegis from various groups involved in the performance of the arts throughout the country; the extent to which he has been in a position to respond favourably to such requests; his intentions and his ability to meet such demands in the current year; and if he will make a statement on the matter. [5587/12]

My Department does not operate a formal application scheme to cater for groups involved in the performance of the arts. As the Deputy is aware, primary responsibility for funding for the arts rests with the Arts Council. The Council is independent in its decision-making process. Details of the Council's successful applicants are available on the Council's website at www.artscouncil.ie, as well as the decision-making panel and statistics on applications. The Council’s 2012 allocation of €63.241 million will allow it to maximise its continuing support for its clients in the arts.

Arts Policy

Bernard J. Durkan

Question:

415 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the extent to which he has accelerated the promotion of national identity through the arts with the objective of maximising economic opportunity through this medium; and if he will make a statement on the matter. [5589/12]

The Government's policy on the arts is to promote and strengthen the arts in all its forms, to increase access to and participation in the arts, and to make the arts an integral and valued part of our national life. I am continuing to work towards this goal with my Department and the agencies within its remit and I remain committed to securing the best possible level of funding for the arts sector.

The State appreciates and values the contribution the arts sector makes to the internationally renowned artistic reputation of this country. Within the current economic constraints, that investment in the arts, culture and creative sectors is more important than ever, having regard to the employment intensity of the sector and their potential for assisting with cultural tourism initiatives.

Offshore Exploration

Peter Mathews

Question:

416 Deputy Peter Mathews asked the Minister for Communications, Energy and Natural Resources his views on plans to drill for oil off the coast of Dalkey, Dublin; possible effects this will have on the environment; and if he will make a statement on the matter. [4973/12]

Standard Exploration Licence 2/11 was granted last year to a consortium comprising Providence Resources plc and Star Energy Oil and Gas Ltd over an area of approximately 380 square kilometres in the Kish bank Basin off the coast of Dalkey, County Dublin. The exploration licence is for a six year period with an obligation to drill an exploration well during the first three years.

Drilling operators are required to comply with best international practice when carrying out drilling operations offshore Ireland. My Department will only give an approval to drill once it is satisfied that all requirements of its Rules and Procedures for drilling operations, in particular those concerning health, safety and the environment, have been fully met.

Exploration Licence holders are required to engage a competent Independent Well Examiner to verify the safety of all drilling rigs, drilling equipment, pressure containment systems and drilling processes in advance of and during drilling operations. The well examiner has a role for as long as drilling operations continue and is required to verify any changes to drilling plans. Ongoing monitoring by the Independent Well Examiner, my Department's Advisers and my Department's technical specialists continues throughout the drilling of a well.

The key to avoiding incidents that could have a negative impact on safety or the environment is to have an industry that operates to best international practice together with a robust regulatory approach. As a consequence of the events in the Gulf of Mexico, my Department introduced additional special drilling oversight measures which including more frequent inspections and verification that all equipment, systems and procedures are in place to allow operations to proceed safely and without polluting the environment. These additional measures are designed to support the rigorous implementation of the existing robust regulatory approach that is applied to each well drilled in the Irish offshore.

Broadcasting Services

Joe Higgins

Question:

417 Deputy Joe Higgins asked the Minister for Communications, Energy and Natural Resources the reason the British communications regulator Ofcom has authority in removing the news channel Press TV from the Sky platform in Ireland. [4813/12]

Sky is a commercial company and is not regulated in Ireland. I have no role in relation to this matter.

Departmental Staff

Gerry Adams

Question:

418 Deputy Gerry Adams asked the Minister for Communications, Energy and Natural Resources the salaries and allowances paid to his private secretary and to the Secretary General of his Department; and if he will make a statement on the matter. [5024/12]

The allowances and salary payable in respect of private secretary posts in my Department are as set out in Circular 28/2009: Revision of pay of Civil Servants (Application of pay adjustments in accordance with the Financial Emergency Measures in the Public Interest (No. 2) Act, 2009).

The salary scale of my Private Secretary is €46,081 to 58,294 (HEO, PPC Scale). The allowance payable to my Private Secretary is €20,685 per annum.

I understand that second part of the question relates to the Private Secretary to the Secretary General of the Department.

The salary scale of the Private Secretary to the Secretary General in my Department is €30,516 to 49,837 (EO, PPC Scale). The allowance payable to the Private Secretary to the Secretary General in my Department is €10,951 per annum.

Appointments to State Boards

Gerry Adams

Question:

419 Deputy Gerry Adams asked the Minister for Communications, Energy and Natural Resources if he will provide a breakdown of the number of appointments that have been made to State boards by him since he came to office, including the names of the appointees and the boards they have been appointed to; the number of these appointments that have been made using new procedures involving the advertising of such posts on his Department’s websites and the interview of the chairpersons of boards by Oireachtas committee; if he will highlight situations where this process has not occurred; and the reason it has not occurred in each case. [5040/12]

I can inform the Deputy that there are 18 State bodies under the aegis of my Department. Of these there are 15 whose boards are appointed in whole in or in part by the Minister and/or the Government.

On 3 June 2011, I publicly sought Expressions of Interest from anyone wishing to be considered for appointment to vacancies which were to arise on State Boards, under the aegis of my Department, up to the end of 2011. I would point out that such appointments are made in the exercise of the statutory discretion of the Minister, and that I am neither obliged nor confined to making appointments from the tendered expressions of interest.

I can also inform the Deputy that the Broadcasting Act 2009 (No. 18 of 2009) and the Inland Fisheries Act 2010 (No. 10 of 2010), provide that a number of Board members may be made on the nomination of the relevant Joint Oireachtas Committee. I have made no appointments to these Boards.

The accompanying table details the appointments to State Boards which have been filled since 9th March 2011 and appointments made from the Expressions of Interest:

Body

Appointee

Expression of interest received

An Post

Mr Donal Connell

No

Mr James Wrynn

Yes

Mr Paul Henry

Yes

Bord na Móna

Ms Denise Cronin

No

EirGrid

Dr Gary Healy

No

Ms Regina Moran

Yes

Mr Liam O’Halloran

Yes

Ms Bride Rosney

No

Ms Doireann Barry

No

ESB

Ms Noreen Wright

No

Mr Seamus Mallon

No

Irish National Petroleum Corporation

Mr Sean Fitzgerald

No

Mr Vincent Caffrey

No

*Ms Aoife MacEvilly

No

National Oil Reserves Agency

*Ms Aoife MacEvilly

No

Sustainable Energy Authority of Ireland

Ms Julie O’Neill

Yes

Mr Michael Conlon

No

*Official in my Department.

Departmental Staff

Mary Lou McDonald

Question:

420 Deputy Mary Lou McDonald asked the Minister for Communications, Energy and Natural Resources the number of retired public servants that have been rehired by him, or rehired by State agencies under his aegis. [5065/12]

One retired public servant has been hired by my Department since I assumed office as Minister for Communications, Energy and Natural Resources on 9 March last. Information in respect of staffing of agencies under the aegis of my Department is a day to day matter for those organisations and my Department does not have the information sought in respect of State agencies, by the Deputy. My Department will request the non-commercial State bodies and regulators under the aegis of my Department to provide the information directly to the Deputy.

Public Procurement

Martin Ferris

Question:

421 Deputy Martin Ferris asked the Minister for Communications, Energy and Natural Resources the criteria being used to award contracts in respect of maintenance and safety work for the ESB. [5098/12]

The procurement of maintenance and safety works by ESB is an operational matter for the Board and management of ESB and are not matters in which I have a direct role or statutory function.

Martin Ferris

Question:

422 Deputy Martin Ferris asked the Minister for Communications, Energy and Natural Resources if there is an obligation on State companies to seek tenders for maintenance and other contracts outside of Ireland. [5099/12]

Under EU Directives on public procurement public works, supplies and service contracts above certain thresholds must be advertised on the Official Journal of the EU and awarded on the basis of objective and non-restrictive criteria. For works contracts the threshold is €5 million; for supplies and service contracts awarded by most public bodies the threshold is €200,000. The threshold for supplies and service contracts of entities operating in utility sectors (water, energy, transport and postal) is €400,000.

For contracts below these thresholds, the general requirement is that they be advertised on the national public procurement website www.etenders.gov.ie or, depending on value, awarded on the basis of a competitive process of direct invitation to an adequate number of suitable suppliers.

Appointments to State Boards

Robert Dowds

Question:

423 Deputy Robert Dowds asked the Minister for Communications, Energy and Natural Resources when a new RTÉ authority will be appointed; and the criteria he will apply to decide on appointments to the authority. [5391/12]

Part 7 of the Broadcasting Act 2009 provides for matters relating to the appointment of the Boards of each of the public service broadcasting corporations, RTÉ and TG4.

Each Board consists of twelve members and a chairperson and, in the case of RTÉ, the next vacancies arise on 1st September 2014 and will be appointed by Government upon my nomination.

A further four vacancies, due to arise on 17 February 2015, will be filled in accordance with the provisions of section 81(2) of the Act, which provides for the Joint Oireachtas Committee on Communications, Natural Resources and Agriculture, advising me with regard to nominations to the RTÉ Board.

The remaining two seats on the RTÉ Board are held by the Director General, in accordance with section 81(1)(d) of the Act, and by a staff member, who is appointed in accordance with the provisions of section 83 of the Act.

Public Procurement

Seán Kenny

Question:

424 Deputy Seán Kenny asked the Minister for Communications, Energy and Natural Resources when the tender concerning emergency phone calls was last awarded; the details of same; the name of the company that was awarded the contract; the length of the contract; and if he will make a statement on the matter. [5400/12]

Following a public procurement process the tender for the concession to operate the Emergency Call Answering Service was awarded to BT Communications Ireland Limited. The concession agreement was signed on the 12 February 2009. The concession agreement provides that BT Communications Ireland Limited will build the technical platform and operate the service for a period of five years which commenced on the 14 of July 2010.

There is an option in the agreement to extend the provision of the service by a further two years. No decision has been taken to date as to whether the option for an extension will be exercised.

Postal Services

Robert Troy

Question:

425 Deputy Robert Troy asked the Minister for Communications, Energy and Natural Resources if he will explore the possibility of An Post expanding the services it offers to include a payment facility for the household charge, motor tax, and so on; and if he will make a statement on the matter. [5455/12]

Matters relating to the post office network, including the development of commercial strategies, are an operational matter for the management and Board of An Post and one in which I have no statutory function.

European Council Meetings

Patrick O'Donovan

Question:

426 Deputy Patrick O’Donovan asked the Minister for Communications, Energy and Natural Resources the EU Council of Ministers on which he sits; the number of meetings of that Council that have been held between 2007 and 2011; the number of those meetings that he attended; the number that were attended by the relevant Minister of State; the number that were attended by an Irish official; if he will provide the names of those who attended in tabular form. [5465/12]

The policies of Transport, Telecommunications and Energyare dealt with under one Council formation — Transport, Telecommunications and Energy Council (TTE). Councils are normally held in spring (February/March), June, October and December. There are usually four meetings of Transport Ministers (March, June, October and December), three meetings of Energy Ministers (spring, June and December), and two meetings of Telecommunications Ministers (June and December). In my role as Minister for Communications, Energy and Natural Resources, I sit on the Energy Council and the Telecommunications Council.

Details of the number of meetings of each Council held between June 2007 (when the Department of Communications, Energy and Natural Resources was formed) and 2011 and the attendees are detailed in tabular form below. I would point out to the Deputy that the details provided also include those of my predecessor.

Energy Council

Year

Number of Meetings held

Person who Attended

From June 2007

2

Deputy Permanent Representative, Mr. Ken Thompson

2008

3

Mr Eamon Ryan the then Minister for Communications, Energy and Natural Resources

2009

4

Mr Eamon Ryan the then Minister for Communications, Energy and Natural Resources

2010

3

Two meeting were attended by Mr. Eamon Ryan, the then Minister for Communications, Energy and Natural Resources and one was attended by Deputy Permanent Representative Ms Geraldine Byrne-Nason

2011

4

Two were attended by the Minister for Communications, Energy and Natural Resources, Mr. Pat Rabbitte T.D. Two were attended by Deputy Permanent Representative Ms Geraldine Byrne-Nason

Telecommunications Council

Year

Number of Meetings held

Person who Attended

2007

2

One meeting attended by Mr. Eamon Ryan, the then Minister for Communications, Energy and Natural Resources and one attended by Deputy Permanent Representative Mr. Ken Thompson

2008

2

One meeting attended by Mr. Eamon Ryan, the then Minister for Communications, Energy and Natural Resources and one attended by Deputy Permanent Representative Mr. Ken Thompson

2009

3

One meeting attended by Mr. Eamon Ryan, the then Minister for Communications, Energy and Natural Resources and two attended by Deputy Permanent Representative Ms Geraldine Byrne-Nason

2010

1

Deputy Permanent Representative Ms Geraldine Byrne-Nason

2011

2

One meeting attended by Minister for Communications, Energy and Natural Resources, Mr. Pat Rabbitte T.D. and one meeting was attended by Minister of State, Mr. Fergus O’Dowd T.D.

Energy Prices

Eoghan Murphy

Question:

427 Deputy Eoghan Murphy asked the Minister for Communications, Energy and Natural Resources if he will engage with the ESB with a view to achieving a reduction or elimination of their reconnection fees for new businesses entering an existing premises that has been left vacant. [5493/12]

ESB is an independent commercial State body and the matters referred to by the Deputy arise from ESB operational matters regarding which I have no function.

Responsibility for the regulation of reconnection fees is a matter for the Commission for Energy Regulation (CER), which is an independent statutory body. I have no role or function in this regard.

Pension Provisions

John McGuinness

Question:

428 Deputy John McGuinness asked the Minister for Communications, Energy and Natural Resources his response to correspondence from the Bord na Móna staff pensioners’ association dated 8 December 2011; his views on the issues raised; and if he will make a statement on the matter. [5565/12]

The operation of the Bord na Móna General Employees Superannuation Scheme (GESS) is a matter for the Trustees of the GESS and the Board of Bord na Móna, and not one in which I have a direct function.

I have been advised by Bord na Móna that the Trustees of the GESS are in consultation with Bord na Móna, the Bord na Móna Group of Unions and GESS members regarding a framework for discussions to resolve issues surrounding the current deficit on the GESS. It is hoped that a successful conclusion can be arrived at through this dialogue.

Rental Accommodation Scheme

Patrick Nulty

Question:

429 Deputy Patrick Nulty asked the Minister for the Environment, Community and Local Government if the eligibility criteria for the rental accommodation scheme will be reduced from 18 to six months this year as indicated in the Programme for Government; and if he will make a statement on the matter. [4831/12]

The 18 month threshold as referred to is a ‘rule of thumb' to try to distinguish between persons who are seeking a short term income support and those who have a long term housing need. While in general a household must be in receipt of rent supplement for 18 months or more in order to qualify for RAS, housing authorities do, on occasion, accept households on to RAS where they have been less than 18 months on rent supplement. This occurs where there are exceptional circumstances and where a long term housing need can be demonstrated. Bringing persons into RAS before the 18 month period has elapsed has been applied in respect of homeless persons and for households with special needs. It has also been applied administratively where a landlord is bringing a number of properties across with tenants on rent supplement for different periods and it has also been used to facilitate persons moving back to employment.

It is considered, particularly in the current economic climate where rising unemployment is resulting in an increase in the numbers on rent supplement, that the 18 month threshold remains an appropriate juncture at which to review a household's ongoing need for support. As the economy recovers, it is hoped that many of these households will return to employment. In that context, the type of support provided through rent supplement i.e. short term income support, is more appropriate to the needs to these households.

Register of Electors

Martin Heydon

Question:

430 Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government the plans in place to allow for voting rights at Irish elections to be extended to Irish diaspora; the progress being made in this area; and if he will make a statement on the matter. [5574/12]

In order to be able to vote at elections and referendums in this jurisdiction, a person's name must be entered in the register of electors for a constituency in the State in which the person ordinarily resides. Postal voting is provided for in electoral law in respect of certain categories of persons who are entered in the register of electors but who may find themselves abroad at the time, including members of the Defence Forces and Irish diplomats.

The Programme for Government sets out a comprehensive range of constitutional reform measures including the review by a Constitutional Convention of the Dáil electoral system and giving citizens the right to vote at Irish embassies in presidential elections. I will bring forward proposals for change to electoral law in light of the decisions for change which may arise from these processes.

Social and Affordable Housing

Pearse Doherty

Question:

431 Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if the current legal owners of the 2,045 housing units being made available by the National Asset Management Agency for social housing are developers or banks, or if the debts connected to the properties have been foreclosed by NAMA making NAMA the current legal owners; and if he will provide a breakdown of the numbers of properties contained in the list provided to him on the basis of these or other ownership categories. [4762/12]

Pearse Doherty

Question:

432 Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if the leasing arrangements to be put in place for the 2,045 housing units being made available by NAMA for social housing will result in the final ownership of the units resting with the developers, voluntary housing associations, local authorities or a combination of these categories; and if he will make a statement on the matter. [4763/12]

I propose to take Questions Nos. 431 and 432 together.

I refer to the reply to Question No. 549 on 11 January 2012.

The properties under consideration are part of the security for loans that NAMA has acquired. In the majority of cases, properties remain in the ownership of the original borrowers. The remaining properties are controlled by receivers appointed by NAMA. Once a demand has been identified, NAMA will make contact with the relevant property owner/receiver to determine if the properties are still available and to discuss how these properties can be best utilised.

It is expected that the majority of suitable properties will be secured through leasing arrangements with the property owners/receivers. Such arrangements will be determined on a case by case basis, and will involve either a local authority or an approved housing body as the prospective social housing provider depending on the particular circumstances in each case.

The Housing Agency is working with housing authorities and NAMA to determine whether there is a social housing demand for the properties identified. Where a demand is identified, this information will be provided to NAMA and arrangements will be made to secure as many of the suitable properties as possible for social housing.

Local Authority Charges

Patrick Nulty

Question:

433 Deputy Patrick Nulty asked the Minister for the Environment, Community and Local Government the amount it will cost to install water meters in every home in the country; where the finance for this initiative will be found; and if he will make a statement on the matter. [4833/12]

In line with the commitment in the Programme for Government, the Government intends initiating a universal water metering programme in advance of the introduction of domestic water charges which are required under the Memorandum of Understanding with the EU/IMF/ECB. My Department has prepared detailed cost estimates for the metering programme and it is intended that procurement for the programme will commence later this year. For reasons of commercial sensitivity, and so as not to adversely impact on the tendering process, my Department will not be releasing the cost estimates before contracts are put in place. The Government plans to fund the metering programme from the National Pensions Reserve Fund in accordance with the Fund's statutory remit.

On 16 January 2012, I commenced a public consultation on the Government's proposals for reform of water services delivery in Ireland, including metering and water charges, seeking views from the public on the establishment of Irish Water and the introduction of water charges. The details of the consultation process can be found on my Department's website (www.environ.ie). Submissions on the Government’s proposals can be made to my Department until 24 February 2012.

Housing Market

Joe Higgins

Question:

434 Deputy Joe Higgins asked the Minister for the Environment, Community and Local Government if there are any proposals or planned legislation to assist the thousands of persons who are unable to sell one or two bedroom properties and who need to move for family, overcrowding or work reasons; and if he will consider allowing local authorities and housing agencies to acquire such properties to reduce their waiting lists or to introduce some form of rental scheme which would allow homeowners to move on. [4839/12]

Any housing specific interventions must be targeted in nature and designed to achieve specific outcomes. The main focus in terms of supports provided by Government must be on meeting the most acute needs — the housing support needs of those unable to provide for their accommodation from own resources.

The financial parameters in which we are operating for the coming years rule out a return to very large capital funded construction or acquisition programmes by local authorities. Nevertheless, we are committed to responding more quickly and on a larger scale to social housing support needs through a variety of mechanisms including through increased provision of social housing.

Delivery of social housing will be primarily facilitated through more flexible funding models. The social housing leasing initiative and, in particular, the Rental Accommodation Scheme, will each play their parts as long term social housing supports.

The Government is also committed to developing other funding mechanisms that will increase the supply of permanent new social housing. Such mechanisms will include options to purchase, build to lease and the sourcing of loan finance by approved housing bodies for construction and acquisition.

Local Authority Charges

Michael Moynihan

Question:

435 Deputy Michael Moynihan asked the Minister for the Environment, Community and Local Government if persons who live in demountable dwellings must pay the €100 household charge; and if he will make a statement on the matter. [4841/12]

The Local Government (Household Charge) Act 2011 provides the legislative basis for the household charge. The definition of "building" in section 1 is relevant when considering whether a residential property is liable to the household charge. "Building" includes (a) part of a building, and (b) a structure or erection of any kind and of any materials, or any part of that structure or erection, but excludes a structure that is not permanently attached to the ground, a vessel and a vehicle (whether mobile or not). In this regard, a structure that is not permanently attached to the ground is excluded from the definition of building in the Act and is not liable to the household charge.

Local Authority Funding

Brian Stanley

Question:

436 Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if he will confirm whether Dublin City Council has submitted an application for funding to carry out retrofitting of homes in Dublin in 2012; the amount applied for; and the amount it may expect to receive. [4865/12]

In response to my Department's circular letter of 7 December 2011, requesting local authorities to submit details of their improvement works programme for 2012, Dublin City Council submitted a broad ranging programme costing an estimated €19 million. This is being examined in my Department at present. I intend making announcements in relation to allocations for the programme in early March.

Local Authority Charges

Brian Stanley

Question:

437 Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government the number of households liable for the household charge in Dublin; the number liable in Dublin South Central; the number that have registered in Dublin and Dublin South Central to date; and the number that have paid the full €100 in Dublin and in Dublin South Central. [4866/12]

The Local Government (Household Charge) Act 2011 provides the legislative basis for the household charge. Under the Act, an owner of a residential property on the liability date of 1 January 2012 is liable to pay the household charge, unless otherwise exempted or entitled to claim a waiver. The household charge is on a self-assessment basis and it is a matter for an owner of a residential property on the liability date to determine if he/she has a liability and, if so, to declare that liability and pay the household charge.

The Local Government Management Agency (LGMA) is administering the household charge system on a shared service/agency basis for all county and city councils. I understand, from data provided by the LGMA, that as of 27 January, 2012, a total of 63,011 properties were registered for the charge, which has been paid in full in respect of 51,401 properties while 11,610 will be met by direct debit in four instalments. The LGMA does not have the sub-national details of the registrations sought in the Question.

Dara Calleary

Question:

438 Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government if homes rented under the rental accommodation scheme remain exempt from the non-principal private residence charge. [4873/12]

The Local Government (Charges) Act 2009 which provides for the €200 charge on non-principal private residences (NPPR) has been amended by the Local Government (Household Charge) Act 2011. The exemption from the NPPR charge for properties leased to a local authority under the Rental Accommodation Scheme (RAS) has been removed with effect from 1 January, 2012.

Unfinished Housing Developments

Dessie Ellis

Question:

439 Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government the status of an estate that was built by a company (details supplied) that went into receivership and so does not have a management company or local authority to take charge of roads and maintenance. [4926/12]

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

The development of Heathfield, in Cappagh, Finglas, qualifies under Category three above, and is included on the list of estates eligible for the waiver on the Annual Household Charge for 2012.

Dessie Ellis

Question:

440 Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government the work he is undertaking to deal with the issues arising when families have paid deposits on homes in estates in which the management company is no longer in business and no local authority has taken up the responsibility of roads and maintenance and so the house purchase cannot be completed. [4927/12]

Property purchase transactions are subject to private contract and buyers should ensure that they have adequate legal advice and information when signing contracts. My Department has no statutory function in relation to the content of contracts.

The Property Services Regulation Act 2011 was signed into law on 20 December 2011, and is subject to commencement orders to be made by the Minister for Justice and Equality. The Act will establish the Property Services Regulatory Authority which will have a mandate to set and enforce standards in the provision of property services by auctioneers, letting agents and property management agents and to provide redress mechanisms for consumers of those services.

Departmental Funding

Jim Daly

Question:

441 Deputy Jim Daly asked the Minister for the Environment, Community and Local Government, further to Parliamentary Questions Nos. 323 and 350 of 18 October 2011, the progress that has been made in setting out a budget for funding for Leader projects; and if he will make a statement on the matter. [4960/12]

As outlined in the reply to Questions 350 and 524 of 18 October 2011, I am not in a position to make any decisions regarding additional funds for the types of project referred to at this time. Discussions between my Department, the Department of Agriculture, Food and the Marine and the Department of Public Expenditure and Reform in relation to this matter are ongoing. Any decisions taken will be made in the context of the overall budgetary situation in due course.

Pearse Doherty

Question:

442 Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if he will provide a report on the withdrawal of funding from community safety forum workers, listing the total reduction for these posts; the number of and location of the posts affected; the date on which the decision was taken to withdraw these funds; the date on which the relevant local authorities and employer bodies were informed; if consideration was given by him to the consequences of withdrawing the funds in terms of redundancy payments; if he will provide a full list of the services provided by the community safety forum workers; the arrangements that have been put in place by him to ensure that the services provided by community safety forum workers will continue to be provided; and if he will make a statement on the matter. [4964/12]

As part of the Government's Comprehensive Review of Expenditure and the 2012 estimates process, difficult decisions have had to be taken in relation to prioritising funding for core services in all programme areas. The funding estimate to support my Department's mainstreamed drugs projects under the Housing programme in 2012 is €100,000 compared with €400,000 in 2011, i.e. a reduction of 75%. One of 5 drugs projects mainstreamed to my Department's Housing programme was the Clondalkin Community Safety Forum and, in 2011, funding was provided through South Dublin County Council for two workers with the Forum. Given the estimates reduction in 2012, it is not possible for my Department to continue funding the project.

My Department is currently engaging with South Dublin County Council to explore alternative funding mechanisms for the three mainstreamed drugs projects in its functional area. A consultation process has been proposed involving Clondalkin Community Safety Forum with the County Council and relevant local bodies, including Clondalkin Local Drugs Task Force, the Joint Policing Committee and the Local Policing Forum, with a view to identifying alternative funding mechanisms for this project for 2012 and beyond. While this process is underway, my Department has agreed to provide pro rata funding of €52,500 to support the three projects in South Dublin County Council for the first quarter of 2012. This represents the final housing budget contribution to the projects. It will be a matter for all the public funding bodies, as part of the consultation process, to identify resources to deliver on the overall objectives of the reconfigured projects beyond end March 2012.

The Department of Health, which has overall responsibility for policy and funding in relation to the National Drugs Strategy, has advised that the total provision for the 24 local and regional drugs taskforces in 2012 is €29.581 million. Specifically, Clondalkin and Tallaght Local Drugs Task Forces have been allocated some €1.422 million and €1.250 million respectively to fund their activities in 2012. In addition, in the context of a public funding provision of €260 million for drugs programmes across all Departments and agencies in 2011, my colleague the Minister of State with responsibility for the National Drugs Strategy is currently undertaking a review of the structures that underpin the National Drugs Strategy at local, regional and national level, including how the current funding structures can be improved or streamlined, particularly in relation to local and regional drugs task forces. My Department has no information in relation to employment and funding of community safety forum workers under the aegis of any other Government Department or agency.

The Programme for Government makes a commitment to build on existing community policing partnerships and fora to enhance trust between local communities and their Gardaí. Accordingly, the Department of Justice and Equality has commenced a review of how the Joint Policing Committees have operated since their establishment, in conjunction with An Garda Síochána, my Department and local authorities, to be followed by a broader consultation process, with the aim of seeing how their operation might be improved. The Department of Justice and Equality is in contact with local authorities in this regard, and work on the review is ongoing.

Animal Welfare

Andrew Doyle

Question:

443 Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government the reasons for the delay in closing abusive dog farms under the Dog Breeding Establishments Act; when the annual report for dog control measures will be released; and if he will make a statement on the matter. [5020/12]

The provisions of the Dog Breeding Establishments Act 2010 came into force from 1 January 2012.

Under this legislation, dog breeding establishments already in operation have a lead-in time of six months (i.e. until 30 June 2012) to apply to their local authority to be included in the register of dog breeding establishments. As with other dog control issues, local authorities are responsible for the implementation and enforcement of the legislation locally.

I am satisfied that with the enactment of this legislation, as well as the Welfare of Greyhounds Act, 2011, we will now have a much enhanced level of protection for all dogs in the State.

The Dog Control Statistics for 2011 are currently being compiled. They are usually published during the first quarter of the following year and it is intended to publish the 2011 report in a similar timescale.

Departmental Staff

Gerry Adams

Question:

444 Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government the salaries and allowances paid to his private secretary and to the Secretary General of his Department; and if he will make a statement on the matter. [5027/12]

The current salary of the Secretary General of my Department is €215,590 per annum. In line with the general Government policy of a €200,000 pay ceiling for senior positions across the Public Service, she has voluntarily waived salary in excess of the €200,000 pay ceiling under Section 483 of the Taxes Consolidation Act 1997. She is not in receipt of any allowances. My Private Secretary is a serving civil servant at the grade of Higher Executive Officer. The salary scales for Higher Executive Officers are available on the Department of Public Expenditure and Reform website, www.per.gov.ie. In addition, my Private Secretary receives an allowance of €19,653 per annum. These allowances are determined at central level and decisions in respect of their remuneration are a matter for the Minister for Public Expenditure and Reform.

Appointments to State Boards

Gerry Adams

Question:

445 Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if he will provide a breakdown of the number of appointments that have been made to State boards by him since he came to office, including the names of the appointees and the boards they have been appointed to; the number of these appointments that have been made using new procedures involving the advertising of such posts on his Department’s websites and the interview of the chairperson of boards by Oireachtas committee; if he will highlight situations where this process has not occurred; and the reason it has not occurred in each case. [5043/12]

The information requested is outlined in the following table:

Agency / Board

Name of Appointee

An Bord Pleanála

Dr. Mary Kelly (Chairperson)

An Bord Pleanála

Ms Mary MacMahon

An Bord Pleanála

Mr. Conall Boland

Building Regulation Advisory Board (BRAB)

Mr. Aidan O’Connor (Departmental representative)

Building Regulation Advisory Board (BRAB)

Mr. Paul Kelly

Building Regulation Advisory Board (BRAB)

Mr Conor Taaffe

Dormant Accounts Board

Mr. Michael Morley (Chairperson)

Dormant Accounts Board

Mr. Des Gunning

EPA

Ms Laura Burke (Director General)

Irish Water Safety

Ms Breda Collins (Chairperson)

Irish Water Safety

Mr. John Considine

Irish Water Safety

Mr. Michael Cuddihy

Irish Water Safety

Mr. Tom Doyle

Irish Water Safety

Mr. Brendan McGrath

Irish Water Safety

Mr. Paul Murphy

Irish Water Safety

Mr. Seamus O’Neill

Irish Water Safety

Mr. Martin O’Sullivan

Irish Water Safety

Ms Anne Ryan

Irish Water Safety

Ms Lola O’Sullivan

Irish Water Safety

Mr. Christy McDonagh

Irish Water Safety

Mr. Tim O’Sullivan (Departmental representative)

Housing and Sustainable Communities Agency

Mr. Rich Howlin (Chairperson)

Housing and Sustainable Communities Agency

Mr. John O’Connor

Housing and Sustainable Communities Agency

Mr. Eddie Lewis (Departmental representative)

Housing and Sustainable Communities Agency

Ms Marie McLaughlin

Housing and Sustainable Communities Agency

Mr. Peter Carey

Housing and Sustainable Communities Agency

Ms Ann McGuinness

Local Government Computer Services Board

Mr Barry Quinlan (Departmental representative)

National Traveller Accommodation Consultative Committee

Mr. Tom Coughlan

Radiological Protection Institute Ireland

Professor William Reville (Chairperson)

Radiological Protection Institute Ireland

Dr. Paraic James

Radiological Protection Institute Ireland

Dr. Maurice Fitzgerald

A notice was placed on my Department's website on 19 July, 2011 seeking expressions of interest, from suitably qualified and experienced persons, for consideration as members or chairpersons of the boards of state bodies under the aegis of my Department. The notice is updated regularly as specific vacancies arise.

Vacancies on the boards of other bodies under the Department's aegis will be notified on the website as they arise. However, expressions of interest can be made at any time and will be kept on file in my Department for consideration as vacancies occur.

All appointments are made in accordance with the appropriate legislation governing appointments to each body. In considering applications due regard is given to Government policy regarding gender balance on State Boards.

A number of different statutory processes are involved in appointments to State boards. In some cases statutory selection procedures must be followed or nominations must be sought from independent nominating panels before appointments are made by the Government or by the Minister for the Environment, Community and Local Government. In a number of situations, only some appointments to the body concerned are made by the Minister, or appointments are made with the consent of the Minister for Finance or following consultation with the Minister for Finance or Minister for Education and Skills, as appropriate.

The Boards of the Environmental Protection Agency (EPA) and An Bord Pleanála are executive in nature and members are employed on a full time salaried basis. The appointments as Chairperson of An Bord Pleanála and Director General of the EPA were made after competitions held by the Public Appointments Service.

Re-appointment of the chair of the Dormant Accounts Board will facilitate the orderly wind-up of the Board's affairs, following the enactment of the Dormant Accounts (Amendment) Bill 2011, which will transfer the statutory functions of the Dormant Accounts Board to the Minister for the Environment, Community and Local Government. The Bill has passed all stages in the Seanad; Dáil Second Stage is currently scheduled to resume on 7 February 2012.

The Chair of the Board for the Housing and Sustainable Communities Agency (HSCA) has been re-appointed on an interim basis pending enactment of legislation in respect of the HSCA.

The following members were appointed to the Board of Pobal, a not for profit company under the aegis of my Department, by Government:

on 3 November 2011:

Mr. Séamus Boland (Chair)

Mr. Thomas Maguire

Mr. Liam Keane

Ms Siobhan McLoughlin

on 11 January 2012:

Ms Jennifer McHugh

Mrs. Mari Hurley

Before being formally appointed to the Radiological Protection Institute Ireland, Professor William Reville appeared before the Oireachtas Committee on Environment, Transport, Culture and Gaeltacht, on 23 November 2011.

My Department has put in place procedures whereby the Oireachtas Joint Committee on Environment, Transport, Culture and the Gaeltacht will be notified of nominations as chair of State Bodies under the aegis of my Department prior to their appointment.

Chairs of State Bodies are in general available to appear before the relevant Oireachtas committees.

Local Authority Charges

Michael Conaghan

Question:

446 Deputy Michael Conaghan asked the Minister for the Environment, Community and Local Government if an exemption from the household charge will be made available to persons who are unable to live in their homes for an extended period due to force majeure; for example, victims of the recent flooding in Dublin. [5055/12]

The Local Government (Household Charge) Act 2011 provides the legislative basis for the household charge. The definition of "residential property" in section 2(1) is relevant when considering whether a residential property that is not used or lived in is liable to the household charge.

There are a number of indicators as to what makes a house suitable for occupation for the purposes of determining any liability to the household charge. The indicators include the structure of the house, whether or not it has a roof, whether or not it is so affected by dampness as to render it unsuitable for habitation, and whether or not it has sanitary facilities, including a water closet and water supply. A property that is not suitable for occupation should not be regarded as a residential property within the meaning of the Act.The Act places the onus on an owner of a residential property to assess his or her liability to the household charge on the liability date (1 January 2012) and, if liable, to declare that liability and to pay the charge in respect of that property by the due date.

Departmental Staff

Mary Lou McDonald

Question:

447 Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government the number of retired public servants that have been rehired by him, or rehired by State agencies under his aegis. [5068/12]

In 2010 eleven retired civil servants in receipt of civil service pensions were re-engaged by my Department on a fee basis at a total cost of €55,415. The abatement principle, which ensures that the fee paid plus pension does not exceed the rate of pay the pensioner would receive if he/she had continued service in their former post, applied to all such payments made. The tasks carried out include time bound tasks or projects such as membership of expert groups, occasional service on interview boards, value for money reviews and process audits.

Information relating to 2011 will be available following the finalisation of the Appropriation Accounts which are currently being compiled.

There are two former public servants currently employed in State agencies under the aegis of my Department.

Inland Waterways

Noel Harrington

Question:

448 Deputy Noel Harrington asked the Minister for the Environment, Community and Local Government if he will confirm that a plan has been agreed for the restoration of Reenydonegan Lake, Bantry, County Cork, back to a freshwater lake; the timetable for this work to be carried out; if he will confirm that there is funding in place to complete these works; and if he will make a statement on the matter. [5107/12]

My Department was made aware of unauthorised works undertaken at Reenydonegan Lake and has sought a proposal for remedial works from the parties involved. The issue of funding for any work to be undertaken is a matter to be addressed by the parties involved.

Local Authority Charges

Michael McCarthy

Question:

449 Deputy Michael McCarthy asked the Minister for the Environment, Community and Local Government if he will clarify, in the case of an elderly parent who resides in a house which has been signed over to a son or daughter, which person is liable for the household charge; and if he will make a statement on the matter. [5161/12]

The Local Government (Household Charge) Act 2011 gives effect to the €100 household charge.

The Act defines "owner" at section 1. Where a property is transferred to an individual and a right of residence is retained by the transferor, my Department has been advised that liability to pay the household charge depends on whether the right of residence is exclusive. The Act places the household charge under the care and management of the local authorities, and application in particular circumstances is a matter for the relevant local authority. Interpretation of the legislation is a matter for legal advice in individual cases and ultimately a matter for the Courts.

Michael McCarthy

Question:

450 Deputy Michael McCarthy asked the Minister for the Environment, Community and Local Government if he will consider reviewing a decision made by him to exempt the final phase of an estate (details supplied) in County Cork from the household charge while leaving the remainder of the estate liable to pay the fee; if his attention has been drawn to the fact that neighbouring estates in similar unfinished states are exempt from the charge in their totality; and if he will make a statement on the matter. [5165/12]

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.

In some cases a local authority may have found that conditions in respect of a certain phase of a development were relatively good and that, for example, no serious public safety issues could be identified. This phase of the development may have been categorized under category 1 or 2. Conversely, safety issues may have been identified in another phase of the same overall development, or development in that second phase may have been abandoned altogether, implying a category 3 or 4 identification for that phase.

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

Water and Sewerage Schemes

Brendan Griffin

Question:

451 Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if he will clarify a matter on septic tank legislation (details supplied); and if he will make a statement on the matter. [5206/12]

Brendan Griffin

Question:

452 Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if he will clarify a matter on septic tank legislation (details supplied); and if he will make a statement on the matter. [5207/12]

I propose to take Questions Nos. 451 and 452 together.

Section 70 of the Water Services Act 2007 provides that owners of septic tanks and other on-site wastewater treatment systems must ensure that their systems do not cause a risk to human health or the environment. The Water Services (Amendment) Bill 2011 augments the requirements of the 2007 Act and will introduce a new registration and inspection system for septic tanks and other on-site wastewater treatment systems.

As I stated in the reply to Question Nos. 171, 174 to 177, inclusive, and 180 of 19 January, it is not intended to apply new standards, for example as set out in the EPA's 2009 Code of Practice, to older on-site systems as part of the new inspection system. Where an inspection reveals a problem, issues such as existing site size, hydrological and geological conditions etc. will be considered to identify the most appropriate and cost-effective remediation works necessary.

It is my intention, following the enactment of the legislation, to carry out a public consultation on draft performance standards for domestic wastewater treatment systems which will be prepared by my Department in consultation with the Environmental Protection Agency. These standards will also include the minimum requirements for the maintenance and de-sludging of treatment systems.

With regard to any remediation works required, I have previously signalled my intention to introduce planning exemptions for works arising from the Bill. Any necessary exemptions will be put in place in advance of the commencement of inspections.

Rural Development

Brendan Griffin

Question:

453 Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if the level of contribution from the Leader programme to community projects will increase from 75%; if so, when he expects this to happen; if he will provide any more information on the matter at this time; and if he will make a statement on the matter. [5222/12]

Axes 3 & 4 (LEADER) of the Rural Development Programme (RDP), for which my Department has responsibility, continues to facilitate access to significant financial resources for rural communities. The main objectives of the RDP are to improve the quality of life in rural areas and facilitate the diversification of the rural economy. The RDP is designed to address directly many of the challenges facing rural communities including the need to increase economic activity and stimulate job creation; improve access to basic services for rural dwellers and encourage rural tourism based on sustainable development of natural resources. The programme is inclusive in its approach to arriving at solutions to such challenges using a "bottom up" method where local communities provide local solutions.

In general, the rates of grant aid available under the measures of the RDP are 50% for private promoters and 75% for Community promoters with some higher rates available for specific activities such as Training (100%) and Analysis and Development (90%). In recent times, due mainly to the current economic climate, it has been difficult for private individuals and community groups alike to obtain the matched funding required to avail of this support level, particularly for larger projects. As part of a suite of measures to address these and other issues relating to the delivery of the RDP my Department is proposing to change the rates of aid available to both private promoters and community groups and will be requesting a rate change of 75% for private promoters and 90% for community promoters. Such changes have to be approved by the European Commission. The outcome of this approval process will be communicated to all Local Development Companies as soon as it's available which is anticipated to be early in the second quarter of this year.

Legal Services

Dominic Hannigan

Question:

454 Deputy Dominic Hannigan asked the Minister for the Environment, Community and Local Government the name of each solicitor’s practice that is paid either by the local authority or central government to provide legal services to local authorities in tabular form; the total number of hours each solicitors’ practice was employed to work, broken down by practice and local authority, in tabular form; the total amount paid to each practice by local authorities or central government, broken down by local authority, and the total amount paid in tabular form; and if he will make a statement on the matter. [5230/12]

The information sought in the Question is not available in my Department. The provision or procurement of legal services is the responsibility of individual local authorities.Local authorities employ a variety of approaches in relation to obtaining legal services. Some local authorities employ legal professionals who are recruited in accordance with public sector recruitment rules. Other local authorities retain the services of a solicitor. Decisions in this context are a matter for individual local authorities having regard to their own circumstances and the appropriate public procurement procedures.

Proposed Legislation

Dominic Hannigan

Question:

455 Deputy Dominic Hannigan asked the Minister for the Environment, Community and Local Government, further to Parliamentary Question No. 283 of 13 December 2011, the projected timeline for the introduction of the proposed legislation; and if he will make a statement on the matter. [5277/12]

I remain concerned at the high level of off-the-road declarations being made as the current procedures governing the making of such declarations are open to potential abuse. The General Scheme of a Bill to tighten the procedures is at an advanced stage of preparation in my Department and I remain committed to bringing it forward as soon as possible.

Fire Services

Terence Flanagan

Question:

456 Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding the household charge; and if he will make a statement on the matter. [5299/12]

Local authorities are permitted, under statute, to charge fees in relation to the services they provide. In the case of the Dublin City Council Fire Brigade Service, it is understood that the call out charge in place reflects only a proportion of the overall cost of attendance at incidents. The other costs of the Service, including fire prevention, inspections and emergency management are being met through a range of income sources, including commercial rates, Government grants and subsidies, the household charge and the charge on non-principal private residences.

In many cases the householder/premises owner may recoup charges for attendance of the fire brigade at incidents such as house fires, road traffic accidents, and hay barn fires from relevant insurance policies including motor, home and farm policies.

Most fire authorities operate waiver schemes in respect of call out charges. If there are cases of genuine hardship and inability to pay applicable charges, each case will be considered on its merits and a partial waiver or easy payment option may be considered.

Local Authority Charges

Terence Flanagan

Question:

457 Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government his views on a matter regarding the household charge; and if he will make a statement on the matter. [5352/12]

The Local Government (Household Charge) Act 2011 provides the legislative basis for the household charge. The Act provides that owners rather than occupiers of residential property on the liability date are liable to pay the household charge. I have sought to protect the most vulnerable in society by providing a number of exclusions and waivers from payment of the 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.

The household charge will be replaced by a property tax in due course, and it will be a matter for the Government to decide on the structure, modalities and application of the new property tax.

Waste Management

Thomas P. Broughan

Question:

458 Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if he is satisfied with the operation of recycling services by private refuse collectors in local authority areas; if standards and specifications for recycling are laid out in local authority contracts with the private refuse collectors, particularly with regard to new arrangements when householders have been told that brown and green bins are being collected at the same time; and if he will make a statement on the matter. [5360/12]

The greater the degree of separation of different categories of waste by consumers and businesses, the easier it will be to reduce the proportion of our waste disposed of in landfill and to create the conditions for investment in much needed recovery and recycling infrastructure.

Waste presentation is largely determined by permit conditions and local bye-laws. The Waste Management (Collection Permit) Regulations 2007 provide that a permitted waste collector must source-segregate, treat or recover a specified proportion of waste collected, or class or classes of such waste, in such manner as may be specified by the relevant local authority. In 2008, my Department instructed local authorities to provide, as a matter of urgency, for the implementation of source-segregated collection for organic waste in urban areas.

In support of this, the Waste Management (Food Waste) Regulations 2009 require the segregation and recovery of food waste arising in the commercial sector. A Regulatory Impact Assessment is currently underway in relation to the placing of an obligation on waste collectors to provide or arrange for the separate collection of household food waste and its diversion from disposal to recovery and recycling.

Recent, and planned, increases to the landfill levy are also of importance, as they provide an economic mechanism to encourage the segregation of waste.

The National Waste Report 2009 states that a 2-bin service was provided to 72% of serviced households and a 3-bin service was provided to a further 24% of serviced households.

Notwithstanding the strong legal and policy framework, our improved performance and the likely impact of recent and anticipated changes, further progress is required. Waste collectors have an important role in that regard and I expect local authorities to enforce any breach of the terms of waste collection permits or local bye-law regimes vigorously. The Programme for Government commits to the development of a coherent national waste policy, adhering to the waste hierarchy, which will aim to minimise waste disposal in landfill and maximise recovery. I am prioritising this commitment. Relevant potential policy initiatives, such as the mandatory segregation of waste, will be addressed. Also of relevance is the work underway in relation to household waste collection market structures. I expect to be in a position to submit final proposals in relation to national waste policy and household waste collection markets to Government early this year.

Local Authority Charges

Aodhán Ó Ríordáin

Question:

459 Deputy Aodhán Ó Ríordáin asked the Minister for the Environment, Community and Local Government his strategy to identify owners of second properties with a view to ensuring payment of the non-principal private residence charge. [5425/12]

The Local Government (Charges) Act 2009, as amended, broadened the revenue base of local authorities through the introduction of the charge on non-principal private residences (NPPR). The charge is set at €200 and is being levied and collected by local authorities.

Under the Act, it is a function of a local authority to collect non-principal private residence charges and late payment fees due to it and all charges and late payment fees imposed and payable to a local authority are placed under the care and management of the local authority concerned. In this regard, it is a matter for individual local authorities to take measures in respect of properties that may have a liability to the NPPR charge under the provisions of the 2009 Act.

Local Authority Funding

Patrick Nulty

Question:

460 Deputy Patrick Nulty asked the Minister for the Environment, Community and Local Government the levels of funding provided under section 10 of the Housing Act 1988 in 2008, 2009, 2010 and 2011, and the projected amount in 2012; if he will provide a breakdown of the funding drawn down in the period 2008-2011 and projected for 2012 by each local authority; and if he will make a statement on the matter. [5447/12]

Statutory responsibility in relation to the provision of accommodation for homeless persons rests with the housing authorities and the purposes for which housing authorities may incur expenditure in addressing homelessness are prescribed in Section 10 of the Housing Act 1988. Information in respect of funding provided under Section 10 for the 34 City and County Council areas for the years 2008 to 2011 is set out in the Table below. Funding is provided at the rate of 90% of cost with the housing authorities providing a further 10% from their own resources. My Department's funding provision for the running costs of homeless accommodation and related services for 2012 is €50 million, which together with 10% provided from housing authorities' own resources, brings the total available funding to €55 million in 2012.

The level of funding required for each housing authority area will vary from year to year, having regard inter alia to the gradual introduction of a ‘housing led’ approach and the ongoing reconfiguration of homeless services. The development in 2012 of more devolved regional service protocols and allocations for the provision of accommodation-related funding — commencing with the Dublin region — means that the projected outturn for each of the housing authority areas in 2012 is unknown. Devolution of Section 10 funding, as foreseen under the National Implementation Plan for the Homeless Strategy, will provide for an emphasis on increased decision making at local level, in lieu of the existing individual project based arrangements, and will improve overall efficiency, value for money and local decision making in homeless services.

Funding provided under Section 10 of the Housing Act 1988

County-At-Large

2008

2009

2010

2011

Carlow

133,351

138,139

168,698

178,262

Cavan

1,265

144

1,323

0

Clare

321,666

569,024

529.036

514,536

Cork

131,804

135,433

131,193

130,748

Donegal

164,753

115,318

116,620

119,254

Dún Laoghaire/Rathdowne

1,143,119

1,084,375

1,053,061

510,759

Fingal

445,285

853,455

813,029

825,898

South Dublin

864,916

724,768

754,914

762,609

Galway

109,887

107,913

107,760

104,128

Kerry

776,010

762,389

711,883

598,125

Kildare

397,286

338,510

392,477

319,467

Kilkenny

347,947

408,519

359,049

323,837

Laois

66,563

14,477

11,628

8,276

Leitrim

6,138

5,243

4,217

315

Limerick

327,022

300,399

280,733

279,608

Longford

214,524

197,100

205,584

197,100

Louth

1,124,724

1,186,469

935,874

908,358

Mayo

70,735

53,618

66,133

69,567

Meath

377,112

355,821

339,458

208,588

Monaghan

2,588

10,838

100,420

3,893

Offaly

112,095

28,623

7,970

4,307

Roscommon

11,639

1,193

9,738

0

Sligo

351,660

323,646

302,518

286,766

Tipperary North

124,673

200,325

187,734

221,059

Tipperary South

109,021

174,533

155,966

152,676

Waterford

1,026

36,674

54,271

40,000

Westmeath

289,856

518,870

441,162

415,215

Wexford

256,473

269,767

300,830

267,967

Wicklow

413,905

191,470

174,907

169,610

City Council

Cork

3,507,202

4,560,390

3,427,067

2,776.876

Dublin

35,923,683

36,304,944

37,900,371

33,633,259

Galway

1,682,850

2,012,589

1,515,657

1,054,001

Limerick

2,481,440

3,039,608

2,438,104

1,890,254

Waterford

941,887

918,971

704,073

1,147,734

Local Authority Housing

Robert Troy

Question:

461 Deputy Robert Troy asked the Minister for the Environment, Community and Local Government the criteria he requires for tenants to purchase their local authority houses; and if he will make a statement on the matter. [5456/12]

There are two current schemes for tenants of housing authorities to purchase their homes. The first, the tenant purchase scheme, is provided for in section 90 of the Housing Act, 1966. The second, the incremental purchase scheme in respect of newly-built homes designated by housing authorities for incremental purchase, is provided for under Part 3 of the Housing (Miscellaneous Provisions) Act, 2009. The details of the schemes are set out in the legislation and in the associated regulations.

The criteria for a tenant purchasing a home under the tenant purchase scheme include that a tenant must have a period of reckonable tenancy of at least one year's duration. In the case of the 2011 Fixed Term Tenant Purchase Scheme for long-standing tenants, for which applications are now closed, a ten year tenancy period applied. The Housing Miscellaneous Provisions Act, 1997 provides that a housing authority may refuse to sell a dwelling to a tenant where the authority considers that the tenant is or has been engaged in anti-social behaviour or that a sale to that tenant would not be in the interest of good estate management. Certain classes of houses, as distinct from tenants, may be excluded from sale under the Regulations and in accordance with the provisions of individual tenant purchase schemes adopted by housing authorities.

Incremental purchase is available in respect of designated houses to eligible existing and prospective tenants. Under the incremental purchase scheme, there is no minimum tenancy period required. However the following criteria are considered—

minimum income requirements set out in the regulations;

the household's history of house purchase;

rent arrears;

anti-social behaviour provisions set out in the 1997 Act mentioned above.

In addition to the above schemes, there is a separate scheme for the purchase of apartments in respect of which different conditions apply.

Robert Troy

Question:

462 Deputy Robert Troy asked the Minister for the Environment, Community and Local Government if he will ensure that local authority tenants who are in receipt of social welfare are not automatically disqualified from applying to purchase their homes. [5457/12]

Provisions governing mortgage lending by local authorities are set out under the Housing (Local Authority Loans) Regulations 2009 and associated credit policy. To ensure effective targeting of resources, loan finance continues to be available to first time buyers only. Income limits are also in place, distinguishing between single and dual income households and a maximum loan limit is applied. In assessing loan applications local authorities take account of the household's ability to finance the loan based on their net household income. While, as a general rule, the credit policy provides that loans are not available to those in receipt of unemployment/social welfare benefits, an exception may be made where there is a primary income of a permanent waged/salaried nature, and where the secondary income is from the Department of Social Protection.

In such cases long term social welfare payments can be considered, provided the long term nature of the payment is confirmed. The final decision on whether to grant/refuse an applicant lies solely with the relevant local authority. All local authorities must satisfy themselves on the financial risk they are undertaking.

The relevance of the difference between projected mortgage repayments and current rental payments for a prospective purchaser is limited. It takes no account, for example, of the fact that while rent levels can be adjusted to reflect changing household income, mortgage repayments cannot. Nor does it take account of the additional costs taken on when a household becomes a homeowner thereby assuming responsibility for the ongoing maintenance of their home. These provisions apply for purposes of mortgage lending by all local authorities.

Local Authority Charges

Robert Troy

Question:

463 Deputy Robert Troy asked the Minister for the Environment, Community and Local Government if he will make appropriate arrangements with the Department of Communications, Energy and natural Resources in order that the household charge may be paid at all local post offices. [5458/12]

Willie Penrose

Question:

470 Deputy Willie Penrose asked the Minister for the Environment, Community and Local Government if he will facilitate the payment of the household charge through the post office system, which would accommodate many persons in rural areas in effecting their payments; and if he will make a statement on the matter. [5568/12]

I propose to take Questions Nos. 463 and 470 together.

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.

European Council Meetings

Patrick O'Donovan

Question:

464 Deputy Patrick O’Donovan asked the Minister for the Environment, Community and Local Government the EU Council of Ministers on which he sits; the number of meetings of that Council that have been held between 2007 and 2011; the number of those meetings that he attended; the number that were attended by the relevant Minister of State; the number that were attended by an Irish official; and if he will provide the names of those who attended in tabular form. [5467/12]

In my capacity as Minister for the Environment, Community and Local Government, I sit on the European Council of Environment Ministers.

In the period from 2007 to 2011, the European Council of Environment Ministers met formally on twenty one occasions and informally on ten other occasions. The dates of these meetings and a record of Ministerial attendance are set out in the tables below. In general, the Assistant Secretary in the Environment Division, and relevant officials depending on the meeting agenda, also attend, along with officials from the Irish Permanent Representation to the EU.

Date of Formal Council Meeting

Ministerial Attendance

20th February 2007

Minister Dick Roche

28th June 2007

Minister John Gormley

30th October 2007

Minister John Gormley

20th December 2007

Minister of State Tony Killeen

3rd March 2008

Minister John Gormley

5th June 2008

Minister John Gormley

20th October 2008

Minister John Gormley

4th December 2008

Minister John Gormley

2nd March 2009

Minister John Gormley

25th June 2009

Minister John Gormley

21st October 2009

Minister John Gormley

23rd November 2009

Minister John Gormley

22nd December 2009

Representation at official level

15th March 2010

Minister John Gormley

11th June 2010

Minister of State Ciaran Cuffe

14th October 2010

Minister of State Ciaran Cuffe

20th December 2010

Representation at official level

14th March 2011

Minister Phil Hogan

21st June 2011

Minister Phil Hogan

10th October 2011

Minister Phil Hogan

19th December 2011

Minister Phil Hogan

Date of Informal Council Meeting

Ministerial Attendance

1st-3rd June 2007

Minister Dick Roche

31st August-2nd September 2007

Minister John Gormley

11th-13th April 2008

Minister of State Tony Killeen

3rd-4th July 2008

Minister John Gormley

14th-15th April 2009

Minister of State Michael Kitt

24th-25th July 2009

Representation at official level

15th-17th January 2010

Minister John Gormley

11th-13th July 2010

Minister of State Ciaran Cuffe

24th-26th March 2011

Minister Phil Hogan

11th-12th July 2011

Minister Phil Hogan

Planning Issues

Eoghan Murphy

Question:

465 Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government if the planning and enforcement department within Dublin City Council is self-regulating; and if standards of transparency exist within this Department. [5498/12]

Planning authorities are independent statutory bodies, with democratically elected councils and their own management structures to carry out their statutory duties. The Planning and Development Act 2000 extended the rules relating to ethics for planning authority staff. Part 15 of the Local Government Act 2001 introduced a comprehensive ethics regime for councillors and local government employees which came into effect on 1 January 2003. This regime includes annual declaration of interests, disclosure of interests as a matter arises and a public register of interests. This regime was further enhanced by the national Codes of Conduct for Councillors and Employees.

In proceedings under the Prevention of Corruption Acts 1889 to 2010, where there is proof that certain persons in public office have received monies or other benefit from a person who has an interest in the outcome of their decisions, including planning decisions, there is a presumption that such payments were given and received corruptly.

Tax Code

Eoghan Murphy

Question:

466 Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government if he will review a case (details supplied) regarding motor tax. [5500/12]

The question appears to refer to the introduction of the CO2-based system of motor tax introduced in 2008 which provides that rates for private vehicles registered on or after 01 July 2008 (including hybrid vehicles)are based on the CO2 emissions rating supplied by the Revenue Commissioners. The scheme also applies to some vehicles registered between 01 January and 30 June 2008.

The question of applying the new CO2 based motor tax system to all cars was subject to detailed discussion during the debate on the Motor Vehicle (Duties and Licences) Act 2008. Any retrospection would not be possible, as the CO2 data for the pre-2008 car fleet have not been authenticated for business purposes. The cost of any retrospection could be substantial were it possible, depending on how it applied, and could have direct implications for the revenue base of local government.

Notwithstanding the above, the motor taxation system is kept under regular review in my Department.

Local Authority Charges

Dara Calleary

Question:

467 Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government the persons responsible for compiling the list of unfinished estates as part of the household charges legislation; the criteria that were used and the reason an estate (details supplied) in County Mayo was excluded from the list despite being unfinished; and if he will make a statement on the matter. [5536/12]

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

This categorisation formed the basis for the list of those unfinished developments eligible for a waiver on the annual household charge. Only households in developments in categories three and four are eligible for the waiver.

Seán Kyne

Question:

468 Deputy Seán Kyne asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that the retrospective element of the exemption to the household charge for persons who, owing to illness, have moved out of their homes to be cared for by relatives or in a nursing home, is resulting in those citizens who left their homes in 2011 being liable for the household charge; his plans to rectify this anomaly; and if he will make a statement on the matter. [5548/12]

Under the Local Government (Household Charge) Act 2011 owners of residential property are liable to pay the household charge. There are a number of exemptions and waivers from payment of the household charge. In particular, section 4 of the Act provides for an exemption where an owner of a residential property, which was that person's main or sole residence, is not residing in that property on a liability date by reason of his or her having had to vacate the property due to long term mental or physical infirmity and that person is residing in another property that he/she does not own.

Subsection 6 of section 4 of the Act defines the meaning of "long term mental or physical infirmity" as requiring the person to vacate the property in which he/she had been dwelling for a continuous period of more than 12 months and provides that such an infirmity must be certified by a registered medical practitioner.

Mary Lou McDonald

Question:

469 Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government under what legislative protection does he intend on behalf of the Government to seek customer information from utility providers for the purpose of the household charge, in view of the concerns raised by the Data Protection Commissioner, who has described such an action as an extension of the powers of the State. [5567/12]

The Local Government (Household Charge) Act 2011 sets out the legislation underpinning the household charge.

Section 14 of the Act provides for data sharing and exchange for the purposes of the household charge. My Department has met recently with the Office of the Data Protection Commissioner in relation to the operation of the data sharing provisions in the legislation. It has been agreed that protocols will be developed for the exchange of data in consultation with that Office and with relevant agencies/bodies in advance of utilisation of the above mentioned legislative provisions.

Question No. 470 answered with Question No. 463.

Local Authority Housing

Willie Penrose

Question:

471 Deputy Willie Penrose asked the Minister for the Environment, Community and Local Government if he will indicate the number who have signed up to purchase their houses under the tenant purchase scheme with each local authority; the number who have been approved by each local authority; the number who have sought to purchase same by way of a mortgage secured through the local authority, and the number approved for such mortgages in each local authority area; the number of refusals in each local authority; if he will facilitate the securing of such loans by way of guarantees; and if he will make a statement on the matter. [5569/12]

Information on the sale of local authority houses to the end of 2009 is available on my Department's website www.environ.ie.

More recent information regarding the number of applications received under the 1995 and 2011 Tenant Purchase Schemes and currently under consideration in housing authorities is not yet available in my Department. Relevant statistics will be published in due course.

Information on loans sought from, approved or refused by local authorities for tenant purchases is not collected by my Department. I have no plans to secure such loans by way of guarantees.

Willie Penrose

Question:

472 Deputy Willie Penrose asked the Minister for the Environment, Community and Local Government if, in the context of the home choice mortgage scheme, in terms of take-up and approvals, he will take steps to put in place a more flexible scheme which will facilitate persons who wish to purchase their homes by this method; and if he will make a statement on the matter. [5571/12]

There are already two types of house purchase loan available from local authorities: standard annuity loans targeted at lower income first time buyers and those under the Home Choice Loan scheme which are available to qualifying middle income first time buyers affected by the "credit crunch".

The terms and conditions governing the operation, including eligibility terms, of annuity mortgages and the Home Choice Loan are set out under the Housing (Local Authority Loans) Regulations 2009 and the Housing (Home Choice Loan) Regulations 2009 respectively. These are available on my Department's website: www.environ.ie.

To date 10 Home Choice Loans have been issued, with a total value of €2,007,080. A further 6 Home Choice Loans have been approved but not yet drawn down, with a total value of €1,192,840. The low rate of uptake suggests that access to credit is just one of a number of reasons for the low level of transactions in the housing market at present and that wider economic sentiment has a more significant impact on sentiment in the housing market.

It is not the intention of this scheme — or of any other Government intervention in the housing sector — to incentivise or entice people into the market. It is not intended therefore that the Home Choice loan would be modified to offer any such inducement or offer. It is designed only to facilitate credit worthy households who have been affected by conditions in the mortgage market.

As such, the scheme is a temporary one which will be withdrawn once conditions in credit markets return to normal patterns. Recent data published by the Central Bank would indicate that that point has not yet been reached.

Local Authority Charges

Catherine Murphy

Question:

473 Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government the budget that has been set aside for publicity for the household charge in 2012; and if he will make a statement on the matter. [5597/12]

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 costs arising, including those in relation to advertising, are a matter for the LGMA and the county and city councils.

Significant efforts will be made to ensure that property owners are aware of the household charge and the liability and payment dates. The LGMA and local authorities have commenced a national information campaign to advise people of the household charge and their responsibilities in relation to payment of the charge. A similar and successful advertising and information campaign was undertaken in the context of the €200 charge on non-principal private residences on its introduction in 2009 with further advertising taking place each year since. It is also intended that a household charge information leaflet will be issued shortly to residential properties in the State. I am confident that those liable to the household charge will be aware of their obligation to discharge their liability for the charge by 31 March 2012 and thereby avoid any late payment fees or late payment interest.

Emergency Services

Catherine Murphy

Question:

474 Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government the new institutional arrangements if any, he is considering in regard to the fire and ambulance services; and if he will make a statement on the matter. [5598/12]

Fire services are provided by the local authorities in accordance the Fire Services Act 1981 and 2003. The fire services have been pro-active in using the "shared services" concept, and groups of authorities and specific services (such as the regional mobilization and communications systems) have been provided on a shared basis over several years. Further opportunities for shared service will continue to be explored and developed where the business case supports this and in accordance with other changes in local government. The national blueprint for further developing and improving the efficiency and effectiveness of fire services is set out in the Irish Fire Services National Development Framework 2010-2015, which is available on my Department's website at www.environ.ie. The Framework sets out policies and key actions in the areas of: Fire Services Role in Society; National Processes and Standards; Staff Learning and Development; Quality Assurance Systems and Reporting Performance; and Service Infrastructure and Legislative Support.

Institutional arrangements for the ambulance service are a matter for the Minister for Health and Children, and I have no function in that matter.

Irish Prison Service

Dara Calleary

Question:

475 Deputy Dara Calleary asked the Minister for Justice and Equality if his attention has been drawn to an incident involving the death of a prison dog at Wheatfield Prison, Dublin, in December 2011; if he will request the Irish Prison Service to place all reports on the incident before the Oireachtas; and if he will make a statement on the matter. [4789/12]

I can inform the Deputy that an internal investigation is being conducted by the Irish Prison Service into this matter. I understand that the Irish Prison Service has received a preliminary pathology report which states that the cause of death of the dog was unclear but there was no evidence of trauma to the lower body, limbs or neck area or of airway obstruction. The final pathology report is awaited and I have asked the Irish Prison Service to inform the Deputy of the outcome when it has been received.

Garda Transport

Dara Calleary

Question:

476 Deputy Dara Calleary asked the Minister for Justice and Equality the total number of cars within the Garda fleet as of 31 December 2011; if he will provide a numerical breakdown by make, engine cc, number of miles or kilometres on the clock and year of registration; and if he will make a statement on the matter. [4790/12]

I am advised by the Garda authorities that, as of 31 December 2011, the number of cars in the Garda Fleet was 1,885. These cars consist of a wide range of marques and models. Additional information requested by the Deputy is set out in the tables:

Fleet Breakdown by Engine Size

No.

0 — 1.4 LTR

660

1.4 — 1.6 LTR

220

1.6 — 1.8 LTR

315

1.8 — 2 LTR

64

2 — 2.5 LTR

523

2.5 — 3. LTR

46

3LTR +

57

Total

1885

Fleet Breakdown by Age

No.

1998

2

1999

5

2000

11

2001

16

2002

24

2003

53

2004

128

2005

221

2006

310

2007

529

2008

397

2009

24

2010

18

2011

147

Total

1,885

Fleet Breakdown by Mileage

No.

0-100,000Km

432

100,000-150,000Km

392

150,000-200,000Km

401

200,000-250,000Km

366

250,000Km +

294

Total

1885

Dara Calleary

Question:

477 Deputy Dara Calleary asked the Minister for Justice and Equality the number of cars allocated to Castlerea Garda station in Roscommon; if he is satisfied that this is an appropriate allocation in view of the location of a prison in the district; and if he will make a statement on the matter. [4791/12]

Decisions in relation to the provision and deployment of Garda transport are matters for the Garda Commissioner. The responsibility for the efficient deployment of all official Garda vehicles in each Division is assigned to the Divisional Officer who may allocate vehicles between stations as required by operational circumstances.

I am advised by the Garda authorities that the allocation of Garda vehicles within each District, including Castlerea, is monitored and reviewed on a continual basis to ensure that an effective policing service is provided to the community and that the optimum use is made of available resources.

I am informed that there are currently two Garda vehicles attached to Castlerea Garda station, a marked car and an unmarked car. In addition I have been advised that the Garda authorities are satisfied that this allocation is sufficient to meet on-going operational requirements within the District.

Legislative Programme

Jonathan O'Brien

Question:

478 Deputy Jonathan O’Brien asked the Minister for Justice and Equality the name of each statutory instrument he has signed or introduced since taking office. [4795/12]

The information requested by the Deputy is as follows:

Civil Law

European Communities (Mediation) Regulations 2011 (S.I. No. 209 of 2011)

European Communities (Maintenance) Regulations 2011 (S.I. No. 274 of 2011)

European Communities (Maintenance) (Amendment) Regulations 2011 (S.I. No. 612 of 2011)

S.I. No. 468 of 2011 Multi-Unit Developments Act 2011 (Prescribed Form And Fee) (No. 2) Regulations 2011

S.I. No. 508 of 2011 Civil Law (Miscellaneous Provisions) Act 2011 (Commencement) Order 2011

S.I. No. 539 of 2011 Civil Law (Miscellaneous Provisions) Act 2011 (Commencement ) (No. 2) Order 2011

S.I. No. 642 of 2011 — Civil Partnership (Recognition Of Registered Foreign Relationships) Order 2011

Courts

S.I. No. 122 of 2011 CIRCUIT COURT RULES (DISCOVERY) 2011

S.I. No. 121 of 2011 CIRCUIT COURT RULES (HAGUE CONVENTION 1996) 2011

S.I. No. 154 of 2011 DISTRICT COURT (CRIMINAL LAW (INSANITY) ACT 2010) RULES 2011

S.I. No. 153 of 2011 CIRCUIT COURT RULES (MULTI-UNIT DEVELOPMENTS ACT 2011) 2011

S.I. No. 301 of 2011 DISTRICT COURT (HAGUE CONVENTION 1996) RULES 2011

S.I. No. 348 of 2011 RULES OF THE SUPERIOR COURTS (CIVIL PARTNERSHIP AND COHABITATION) 2011

S.I. No. 362 of 2011 CRIMINAL JUSTICE (LEGAL AID) (AMENDMENT) REGULATIONS 2011

S.I. No. 363 of 2011 ENFORCEMENT OF COURT ORDERS (LEGAL AID) (AMENDMENT) REGULATIONS 2011

S.I. No. 385 of 2011 CIRCUIT COURT RULES (CIVIL PARTNERSHIP AND COHABITATION) 2011

S.I. No. 406 of 2011 SUPREME COURT AND HIGH COURT (FEES) ORDER 2011

S.I. No. 407 of 2011 CIRCUIT COURT (FEES) ORDER 2011

S.I. No. 408 of 2011 DISTRICT COURT (FEES) ORDER 2011

S.I. No. 414 of 2011 DISTRICT COURT (CIVIL PARTNERSHIP AND COHABITATION) RULES 2011

S.I. No. 515 of 2011 SUPREME COURT AND HIGH COURT (FEES) (AMENDMENT) ORDER 2011

S.I. No. 523 of 2011 CIRCUIT COURT RULES (JUDGES' ROBES) 2011

S.I. No. 524 of 2011 RULES OF THE SUPERIOR COURTS (ROBES OF BENCH) 2011

S.I. No. 526 of 2011 COURTS SERVICE ACT 1998 (SECTION 29(2)) ORDER 2011

S.I. No. 536 of 2011 DISTRICT COURT (CRIMINAL JUSTICE (PSYCHOACTIVE SUBSTANCES) ACT 2010) RULES 2011

S.I. No. 585 of 2011 DISTRICT COURT (CRIMINAL PROCEDURE ACT 2010) RULES 2011

S.I. No. 653 of 2011 DISTRICT COURT (CRIMINAL JUSTICE (MONEY LAUNDERING AND TERRORIST FINANCING) ACT 2010) RULES 2011

S.I. No. 691 of 2011 RULES OF THE SUPERIOR COURTS (JUDICIAL REVIEW) 2011

S.I. No. 692 of 2011 RULES OF THE SUPERIOR COURTS (LODGMENT OF DOCUMENTS) 2011

S.I. No. 693 of 2011 RULES OF THE SUPERIOR COURTS (COURTS-MARTIAL APPEAL COURT) 2011

S.I. No. 15 of 2012 RULES OF THE SUPERIOR COURTS (SERVICE) 2012

Criminal Law I. No. 394 of 2011 — Criminal Justice (Theft and Fraud Offences) Act 2001 Commencement Order 2011

S.I. No. 411 of 2011 — Criminal Justice Act 2011 (Commencement) Order 2011

S.I. No. 467 of 2011 — Criminal Justice (Community Service) (Amendment) Act 2011 (Commencement) Order 2011

S.I. No. 2 of 2012 Criminal Law (Defence and the Dwelling) Act 2011 (Commencement) Order 2012

Disability

S.I. No. 484 of 2011 Disability Act 2005 (Code of Practice) (Declaration) Order 2011

Firearms and Explosives

S.I. No. 622 of 2011 — Firearms (Authorisation of Rifle or Pistol Shooting Ranges) Regulations 2011

S.I. No 152 of 2011 Private Security (Duplicate Licence and Identity Card Fee) Regulations 2011

Garda Síochána

S.I. No. 619 of 2011 — Garda Síochána (Association) (Amendment) Regulations 2011

S.I. No. 620 of 2011 — Garda Síochána (Discipline) (Amendment) Regulations 2011

S.I. No. 416 of 2011 — Criminal Justice Act 1984 (Suspension of Detention under section 4(3A)) Regulations 2011

Human Resources

S.I. No. 178/2011 — Appointment of Special Advisers (Minister for Justice and Equality) Order 2011.

Immigration

S.I. No. 284 of 2011 Irish Nationality and Citizenship (Amendment) Regulations 2011

S.I. No. 569 of 2011 Irish Nationality and Citizenship Regulations 2011

S.I. No. 146 of 2011 Immigration Act 2004 (Visas) Order 2011

S.I. No. 345 of 2011 Immigration Act 2004 (Visas) (No. 2) Order 2011

S.I. No. 597 of 2011 European Communities (Communication of Passenger Data) Regulations 2011

S.I. No. 449 of 2011 Immigration Act 2004 (Registration Certificate Fee) Regulations 2011

S.I. No. 405 of 2011 European Communities (Eligibility For Protection) (Amendment) Regulations 2011

S.I. No. 404 of 2011 Refugee Act 1996 (Travel Document And Fee) Regulations 2011

S.I. No. 403 of 2011 Immigration Act 2004 (Travel Document Fee) Regulations 2011

Prisons Service

S.I. No. 330 of 2011 — Prisons Act 1970 (Section 7) Order 2011

Probation

S.I. No. 486 of 2011 Data Protection Act 1988 (Section 2B) Regulations 2011

Property Registration

S.I. No. 559 of 2011 — Land Registration Rules 2011

Security and Northern Ireland

S.I. No. 159 of 2011 — Independent International Commission on Decommissioning (Dissolution of Commission and Inviolability of Archives) Order 2011

S.I. No.160 of 2011 — Independent Monitoring Commission (Dissolution) Order 2011.

Proposed Legislation

Brendan Griffin

Question:

479 Deputy Brendan Griffin asked the Minister for Justice and Equality when legislation on right of way of lands will be introduced; and if he will make a statement on the matter. [4798/12]

The position is that Part 8 (Chapter 1) of the Land and Conveyancing Law Reform Act 2009 updated the law concerning the acquisition of easements, including rights of way. Section 35 of the Act, which entered into operation on 1 December 2009, provided that easements shall be acquired at law by prescription only on registration in the Land Registry or the Registry of Deeds of a court order under that section.

Parts 12 and 13 of the Civil Law (Miscellaneous Provisions) Act 2011 contain amendments to the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964 respectively which simplify the procedures for registering easements set out in the 2009 Act. The amendments permit the Property Registration Authority (PRA) to register such easements without a court order where there is no disagreement between the parties. Rules applicable to the new arrangements are set out in the Land Registration Rules 2011 (S.I. No. 559 of 2011) and they have been published on the PRA web site (www.prai.ie).

Courts Service

Gerry Adams

Question:

480 Deputy Gerry Adams asked the Minister for Justice and Equality his plans for the existing Courts Service district office in Drogheda, County Louth; if his attention has been drawn to the value of this service to the persons of Drogheda and surrounding areas; the consultations he has had with local groups and organisations such as the Garda, members of the legal profession or local community organisations such as the women’s refuge who use the service at the office; if he has considered moving the service to other locations in Drogheda; and if he will make a statement on the matter. [4867/12]

Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions. I am sure the Deputy will appreciate that the Courts Service, in common with all other public sector organisations, is obliged to ensure that resources are deployed to best effect to ensure continuity of service with reduced budgets and resources. Greater flexibility in the deployment of available resources is critical in maintaining the delivery of front line court services.

In order to be of assistance, I have had enquiries made and the Courts Service has informed me that a comprehensive internal review was conducted in 2009/2010 which included the administrative structure of provincial court offices and recommended the amalgamation of Circuit and District Court offices into combined court offices to provide a multi-jurisdictional administration unit in each county. The recommendations of the review are currently the subject of a transformation programme within the Courts Service incorporating the amalgamation of Circuit Court and District Court offices in each county into a Combined Court Office for the county. The Combined Court Office for County Louth which is currently scheduled for implementation in October will be located in Dundalk.

I am informed that the Courts Service is currently reviewing the future necessity for, and sustainability of, a stand-alone District Court office in Drogheda. I am informed that this review is being undertaken in an open manner and that a consultative meeting was held on 8 December 2011 attended by a wide range of organisations and local groups including An Garda Síochána, Prison Service, Probation Service, Mayor of Drogheda, Drogheda Women's Refuge and a large number of local legal practitioners. I also understand that the Chief Executive of the Courts Service met a delegation including a number of elected representatives from the Drogheda area on 27 January 2012. The Court Service are now proceeding to consider all the points made at the consultative meeting, at the meeting with the Chief Executive and in a comprehensive written submission received from the Drogheda Solicitors Association. The Service inform me that a final decision will be made by the end of February.

Garda Vetting of Personnel

Heather Humphreys

Question:

481 Deputy Heather Humphreys asked the Minister for Justice and Equality if his attention has been drawn to the delay in processing Garda clearance certificates; and if he will make a statement on the matter. [4889/12]

Heather Humphreys

Question:

482 Deputy Heather Humphreys asked the Minister for Justice and Equality if he will review the requirement for a person to have a Garda clearance certificate when they change employment but remain in the same area of work; and if he will make a statement on the matter. [4890/12]

I propose to take Questions Nos. 481 and 482 together.

Since I became Minister I have taken a number of measures to ensure that the time it takes for the processing of vetting applications improves significantly and I remain very conscious of the need to keep the time required to obtain a vetting to the minimum possible.

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 processing took 11 weeks. I am informed by the Garda authorities that there are approximately 8,000 vetting applications in the course of being processed at present.

Nevertheless, seasonal fluctuations will still impact on the processing time. Furthermore, the necessity to seek additional information on particular applications may result in the processing time exceeding the present average of 2 weeks. Registered organisations have been advised to take account of this in their recruitment and selection process.

Garda vetting certificates are issued to specified registered organisations in respect of a particular post or employment in response to a written request and with the permission of the person who is the subject of that request. Decisions on the suitability for the recruitment/engagement of the person concerned rest at all times with the recruiting organisation.

The Garda Vetting certificate is non-transferable. It is important to emphasise that it is a disclosure to the requesting, registered organisation of the position at the time when it is issued. Furthermore, non-transferability protects against the risk of fraud or forgery of such certificates and is a guarantee of the integrity of the vetting system.

Penalty Points System

Patrick Deering

Question:

483 Deputy Pat Deering asked the Minister for Justice and Equality the number of penalty points that were issued in 2011 for use of hand-held mobile devices while driving, nationally and on a county basis. [4899/12]

I am informed by the Garda authorities that there were a total of 33,123 fixed charge penalty notices issued by An Garda Síochána in 2011 for the offence of driving while using a mobile phone. The following table sets out the number of fixed charge penalty notices issued for this offence broken down by Garda Division.

Number of Fixed Charge Penalty Notices Issued for Driving while using a Mobile Phone in 2011

Garda Division

Number of fixed charge notices

DMR North

2,266

DMR South

1,776

DMR East

1,685

DMR Western

3,185

DMR North Central

1,066

DMR South Central

1,466

Cavan/Monaghan

829

Donegal

531

Louth

462

Sligo/Leitrim

572

Cork City

2,045

Cork North

719

Cork West

976

Kerry

581

Limerick

1,615

Kildare

1,800

Laois/Offaly

691

Meath

728

Westmeath

1,318

Wicklow

793

Clare

1,277

Galway

1,776

Mayo

783

Roscommon/Longford

577

Kilkenny/Carlow

1,463

Tipperary

561

Waterford

639

Wexford

943

National Total

33,123

Citizenship Applications

Michelle Mulherin

Question:

484 Deputy Michelle Mulherin asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied) in County Donegal. [4903/12]

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in June, 2009.

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

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

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.

Michelle Mulherin

Question:

485 Deputy Michelle Mulherin asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied) in County Donegal. [4907/12]

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in June, 2009.

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

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

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.

HIV Infection

Jonathan O'Brien

Question:

486 Deputy Jonathan O’Brien asked the Minister for Justice and Equality if his attention has been drawn to the report of the UNAIDS advisory group on HIV and sex work, published in December 2011; and if he will make a statement on the matter. [4970/12]

The UNAIDS Advisory Group was formed to provide advice and guidance to UNAIDS on matters related to HIV and sex work paying particular attention to the human rights of female, male and transgender sex workers and the goal of universal access to HIV prevention, treatment, care and support for sex workers. The Group's report was published in December, 2011. Many of the recommendations in this Report fall within the remit of my colleague the Minister for Health. Insofar as there are issues in the Report relevant to my Department, I am arranging for the Report and its recommendations to be examined by officials in my Department. I will consider what further actions, if any, are necessary once this examination has been completed.

Visa Applications

Clare Daly

Question:

487 Deputy Clare Daly asked the Minister for Justice and Equality if he will advise and comment on a case (details supplied). [5001/12]

It is open to the person concerned to make a visa application on-line through the following link: https://www.visas.inis.gov.ie.

Each visa application is considered on its individual merits, the onus resting with the applicant to satisfy the Visa Officer as to why the visa should be granted. It should be noted, however, that where there is a possibility that the applicant may become a burden on state resources, that will be taking into consideration when arriving at a decision. All information that the applicant wishes to be taken into consideration should be included when a visa application is submitted.

Information on making a visa application can be found on the Irish Naturalisation and Immigration Services website (www.inis.gov.ie). It should be borne in mind however that the information contained on the website is intended to act as a guideline only. It does not limit the discretion of the Visa Officer in dealing with individual applications.

In this case, citizens from China must send their signed summary sheet and supporting documents to the Visa Office, Beijing.

Departmental Staff

Gerry Adams

Question:

488 Deputy Gerry Adams asked the Minister for Justice and Equality the salaries and allowances paid to his private secretary and to the Secretary General of his Department; and if he will make a statement on the matter. [5032/12]

The salary of the Private Secretary in my Department is based on the HEO (modified) payscale which runs from €43,816 (minimum) to €55,415 (maximum). Private secretaries also receive an allowance of €19,653 per annum. The payscale of the Secretary General of my Department is a one point scale which is currently €188,640.

Appointments to State Boards

Gerry Adams

Question:

489 Deputy Gerry Adams asked the Minister for Justice and Equality if he will provide a breakdown of the number of appointments that have been made to State boards by him since he came to office, including the names of the appointees and the boards to which they have been appointed; the number of these appointments that have been made using new procedures involving the advertising of such posts on his Department’s website and the interview of the chairpersons of boards by Oireachtas committee; if he will highlight situations where this process has not occurred; and the reason it has not occurred in each case. [5048/12]

I wish to inform the Deputy that the information requested is as follows:

1. Children Detention Schools Board of Management

Member

Mr. Dan Kelleher was appointed on 20 September 2011.

2. Courts Service Board

Member

Mr. Shane Browne

Mr. Pat Doyle

Ms Deirdre O'Keeffe

The above were appointed on 5 December 2011.

3. Equality Authority

I have re-appointed the outgoing Board of the Equality Authority until the end of February 2012, by which time, I intend to have the necessary legislation in place to establish a new and enhanced Human Rights and Equality Commission.

Chairperson

Dr. Angela Kerins

Mr. Christy Lynch (vice-chairperson)

Ordinary Members

Ms Rhona Murphy

Ms Salome Mbugua

Ms Ellen Mongan

Ms Betty O'Leary

Mr. Peter White

Mr. Seán Fogarty

Mr. Kieran Rose

Mr. Nigel Brander

Ms Lynn Jackson

Mr. Paddy Maguinness

All of the above were appointed on 21 September 2011.

Mr. David Joyce

Ms Annette Dolan

The above were appointed on 26 September 2011.

4. Judicial Appointments Advisory Board

Ordinary Members

Dr. Simon Boucher

Ms Karen Dent

Dr. Valerie Bresnihan

All of the above were appointed with effect from 7 June 2011.

5. Legal Aid Board

Chairperson

Ms Muriel Walls

Ordinary Members

Ms Oonagh Buckley

Ms Mary Dalton

Ms Kate Hayes

Ms Joy McGlynn

Ms Oonagh Mc Phillips

Ms Mícheál O'Connell

Mr. Donncha O'Connell

Mr. John O'Gorman

Mr. Philip O'Leary

Ms Michelle O'Neill

Mr. Ger Power Mr. Rob Reid

All of the above were appointed on 14 December 2011.

Mr. David Garvey was appointed on 18 January 2012.

6. Mental Health (Criminal Law) Review Board

Chairperson

Judge Brian McCracken was re-appointed as Chairperson with effect from 27 September 2011.

Ordinary Members

Ms Nora McGarry

Dr. Michael Mulcahy

Both of these were appointed with effect from 27 September 2011.

7. Parole Board

Chairperson

Mr. John Costello was appointed with effect from 26 July 2011.

Ordinary Member

Ms Ciarin de Buis was appointed with effect from 26 July 2011.

8. Property Registration Authority

Ordinary Member

Mr. Frank Branigan was appointed on 29 April 2011.

Ms Teresa Pilkington was appointed on 27 May 2011.

Ms Deirdre Fox was appointed on 4 August 2011.

I can further inform the Deputy that none of the above positions were advertised either for reasons of timing, in that vacancies had to be filled quickly, or because relevant legislation required that the appointment be made on the nomination of a particular professional body. In the particular case of the Equality Authority, as the Deputy will be aware, the Government has agreed in principle to merge it with the Irish Human Rights Commission to form a new Human Rights and Equality Commission and the outgoing members of the Authority were re-appointed for the interim period to 29 February 2012. None of the above chairpersons has appeared before an Oireachtas Committee.

I would also like to inform the Deputy that I am currently in the process of appointing the Board of the Property Services Regulatory Authority. All of the positions on offer were advertised on my Department's website and on the website of the Public Appointments Service. I expect to use this process for future such appointments.

Departmental Staff

Mary Lou McDonald

Question:

490 Deputy Mary Lou McDonald asked the Minister for Justice and Equality the number of retired public servants who have been rehired by him, or rehired by State agencies under his aegis. [5073/12]

As the Deputy is aware, a limited number of former public servants are re-engaged from time to time because of their particular knowledge and expertise in specific areas of the public service. I am advised by my officials that some 26 persons fell into this category in 2011 in respect of my Department and its agencies, excluding An Garda Síochána.

Visa Applications

Patrick O'Donovan

Question:

491 Deputy Patrick O’Donovan asked the Minister for Justice and Equality, further to Parliamentary Question No. 363 of 2 November 2011, if this review has been carried out; and if he will make a statement on the matter. [5115/12]

I refer the Deputy to the previous reply of 2 November 2011. The position in relation to this matter remains as stated. The review is ongoing and the results of the review will be brought to Government very shortly.

Control of Animals Legislation

Eric J. Byrne

Question:

492 Deputy Eric Byrne asked the Minister for Justice and Equality, regarding the Criminal Law (Defence of the Dwelling) Act 2011, if an animal attacks an intruder in a private residence or home, whether it is liable to be euthanized; and if he will make a statement on the matter. [5130/12]

The Criminal Law (Defence and the Dwelling) Act 2011 makes no provision for destruction of any animals. Provision is made in the control of dogs legislation for the destruction of dogs in certain circumstances and that matter falls within the remit of the Department of the Environment, Community and Local Government.

Public Order Offences

Dominic Hannigan

Question:

493 Deputy Dominic Hannigan asked the Minister for Justice and Equality the position regarding anti-social activity (details supplied); the steps the Garda is taking to stop this problem; and if he will make a statement on the matter. [5136/12]

I am informed by the Garda authorities that the area referred to is within the Navan Garda District. Local Garda management is not aware of any significant difficulties being experienced in the area as a result of public disorder and anti-social behaviour. Any such incidents reported to An Garda Síochána are fully investigated.

A member of the local Community Policing Unit is allocated specifically to the area concerned and liaises closely with local residents and the business communities. The area is the subject of regular patrols by uniform and plain clothes personnel, including the Community Policing Unit, supplemented as required by the District and Divisional Detective and Drug Units and the Regional Support Unit.

Local Garda management closely monitors such patrols, and other operational strategies in place, in conjunction with crime trends and policing needs of the communities in these areas to ensure optimum use is made of Garda resources.

A Community Alert scheme was re-established in the area in November, 2011. A public meeting was held on 29 November, 2011, which was addressed by the Sergeant-in-Charge of the Community Policing Unit. A further meeting was held on 17 January, 2012 and a committee was elected.

Local Garda management is satisfied that a comprehensive policing service is being delivered to the communities in Meath Garda Division and that current structures in place meet the requirements for the delivery of an effective and efficient policing service.

Current policing plans in the area are designed to address issues of crime and public order offences. Community policing is a central feature and core value of our policing policy and current policing strategies are predicated on the prevention of crime, public order offences and anti-social behaviour.

Dominic Hannigan

Question:

494 Deputy Dominic Hannigan asked the Minister for Justice and Equality the position regarding anti-social activity (details supplied); the steps the Garda is taking to stop this problem; and if he will make a statement on the matter. [5141/12]

I have requested a report from the Garda authorities in relation to the information sought by the Deputy. I will contact the Deputy again when that report is to hand.

Garda Deployment

Joanna Tuffy

Question:

495 Deputy Joanna Tuffy asked the Minister for Justice and Equality, following the publishing of the Garda Síochána senior management structure report in October 2006, which cited a lack of experienced civilian managers in key positions in the Garda Síochána, his plans to adhere to these recommendations; and if he will make a statement on the matter. [5143/12]

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

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

The rapid augmentation of civilian staffing in the Garda Síochána since 2006 included the recruitment of civilians to a wide range of specialist and managerial roles. Senior civilian posts include:

Chief Administrative Officer,

Executive Director of Information and Communications Technology (ICT),

Executive Director of Finance and Services,

Director of Communications,

Head of Legal Services,

Chief Medical Officer,

Director of Civilian HR,

Head of Accommodation,

Head of Internal Audit,

Principal Officer posts heading An Garda Síochána Information Services (GISC) and the Analysis Service.

While the current number of civilian support staff is an increase on previous years, the level in the Garda Síochána is still lower than in comparable police forces. This is reflected in the 2009 Garda Inspectorate report on Resource Allocation, which called for the number of Gardaí available for operational duty to be maximised through a structured programme of civilianisation. We will continue to maximise the number of civilian support staff in An Garda Síochána consistent with overall policy on numbers in the public service and taking into account the scope for the appropriate redeployment of staff from elsewhere in the public service as part of the reform process under the Croke Park Agreement.

Residency Permits

Brendan Griffin

Question:

496 Deputy Brendan Griffin asked the Minister for Justice and Equality if he will give further consideration to a case (details supplied), particularly in reference to points raised by the person concerned; and if he will make a statement on the matter. [5214/12]

The person concerned sought to assert a right of residency in the State based on the principles set out in the European Court of Justice Judgment in the Zambrano case. Her case to remain in the State was considered in detail before a decision was taken that the terms of the Zambrano Judgment were not met in her particular case. This decision was notified to the person concerned by letter dated 17th January, 2012.

In light of the particular and unique circumstances of this case, I have instructed Department Officials to conduct an early review so that the position in the State of the person concerned is further considered from a humanitarian perspective. I expect matters to be finalised at an early date. I should add that this review will take place in the context of the provisions of the Immigration Acts.

Proposed Legislation

Joe Higgins

Question:

497 Deputy Joe Higgins asked the Minister for Justice and Equality when he will legislate for the reality of surrogacy in this country, whereby the children of surrogate arrangements entered into by Irish parents have not enjoyed citizenship or the right to health treatment and education. [5284/12]

As I indicated in my response to question number 485 of 24 January 2012, the law as it stands allows children born through surrogacy arrangements to acquire Irish citizenship, provided the commissioning father is the biological father of the child. Such a father may apply to court for a declaration of paternity under section 35 of the Status of Children Act 1987. Once paternity is established the child can be determined to be an Irish citizen.

Establishment of paternity also allows the father to apply for a guardianship order which requires and enables him to exercise full legal responsibility for the child including decision-making on the child's health and medical treatment, upbringing and education.

Given the complex way in which existing law, domestic and international, applies to surrogacy matters, a guidance document for people who are considering arranging for a surrogate mother to give birth to a child outside the State has been prepared by an interdepartmental group in consultation with me and the Office of the Attorney General. I expect that the guidance document will be published shortly.

I have already indicated that I intend in due course to develop proposals for legislation on surrogacy.

Residency Permits

John Lyons

Question:

498 Deputy John Lyons asked the Minister for Justice and Equality if he will provide further information on the two new residency schemes announced for non-EU entrepreneurs; the application procedure for the schemes; and if he will provide a specific timeline for their launch in March. [5388/12]

I would direct the Deputy to my press release on Government approval for the two immigration programmes for investors and entrepreneurs. This press release outlines the available information on the programmes and may be viewed on my Department's web-pages. The specific application procedures including application forms, other supporting documentation and other requirements of the programmes are currently being drafted and will made available at the formal launch in March.

Garda Operations

Seán Kenny

Question:

499 Deputy Seán Kenny asked the Minister for Justice and Equality the number of vehicles seized by An Garda Síochána for the years 2008, 2009, 2010, 2011 and to date in 2012; the number of these vehicles that have been sold off or crushed; and if he will make a statement on the matter. [5403/12]

I have requested the information sought by the Deputy from the Garda authorities. I will be in contact with the Deputy when this information is to hand.

Garda Equipment

Seán Kenny

Question:

500 Deputy Seán Kenny asked the Minister for Justice and Equality the percentage of the Garda Force that are equipped with incapacitate spray; if he plans to have the whole force supplied with the spray; the cost of supplying the spray for the years 2009, 2010, 2011 and to date in 2012; how gardaí equipped with the spray receive a new supply; and if he will make a statement on the matter. [5404/12]

I have been informed by the Garda authorities that O/C incapacitant spray is supplied to operational members of An Garda Síochána and that it has been issued to approximately 90% of the Force. Applications for a re-supply of O/C spray are made by each member through their supervisor, as required. The costs attributable to the supply of O/C incapacitant spray from 2009 to date are set out in the following table:

Year

Cost

2009

€337,223

2010

€15,488

2011

€16,093

2012 (January)

0

Total

€368,804

Garda Operations

Seán Kenny

Question:

501 Deputy Seán Kenny asked the Minister for Justice and Equality when the tender for the contract for towing away seized vehicles in the north central division of the Dublin region was last awarded; the cost of same; the name of the company that was awarded the contract; the length of the contract; and if he will make a statement on the matter. [5405/12]

I am advised by the Garda authorities that the contract for the towing of seized vehicles in the Dublin North Central Division was awarded in 2008 to Gannon City Recovery and Recycling Services Ltd. The relevant cost of towing vehicles in 2011 amounted to €119,000. I am further advised that An Garda Síochána propose to advertise a new tender competition for the provision of this service in the near future.

Private Security Licences

Michelle Mulherin

Question:

502 Deputy Michelle Mulherin asked the Minister for Justice and Equality the position regarding an application to the Private Security Authority for a licence in respect of a person (details supplied) in County Mayo; the reason for the delay in the processing of this application; and if it will be expedited, as the applicant has an offer of a job which they cannot start until the application has been processed. [5431/12]

The Private Security Authority (PSA) is the regulatory body with responsibility for the regulation of the security industry in Ireland. The Authority is an independent body under the aegis of my Department and so the processing of licence applications is a matter solely for the PSA.

The Authority has however informed me that the average processing times for applications, such as that referred to by the Deputy, is currently approximately 6 weeks. This arises mainly from the need to arrange for the vetting of all such applicants, which, the Deputy will appreciate, is an integral part of the licensing system.

Road Safety

Martin Ferris

Question:

503 Deputy Martin Ferris asked the Minister for Justice and Equality if he will make available the report or guidelines drawn up by An Garda Síochána in respect of traffic collision prevention. [5435/12]

I am informed that An Garda Síochána has a Collision Prevention Programme, the purpose of which is for the relevant stakeholders including the Garda authorities, the National Roads Authority and the local authorities to work in partnership to proactively contribute to improving road safety with the objective of reducing the number of fatal and serious injury road traffic collisions on Irish roads. I am further informed by the Garda authorities that consideration is currently being given to providing further information about the Collision Prevention Programme on the Garda website.

European Council Meetings

Patrick O'Donovan

Question:

504 Deputy Patrick O’Donovan asked the Minister for Justice and Equality the EU Council of Ministers on which he sits; the number of meetings of that Council that have been held between 2007 and 2011; the number of those meetings that he attended; the number that were attended by the relevant Minister of State; the number that were attended by an Irish official; and if he will provide the names of those who attended in tabular form. [5472/12]

The relevant Council is the Justice and Home Affairs Council. Between 1 January 2007 and 31 December 2011 there were a total of forty-two meetings of this Council including ten "informal" meetings of Ministers of Justice and Home Affairs. The information requested by the Deputy is provided in the following table:

Year

Month

Minsters

2007

January*

Minister of State Frank Fahy T.D.

February

Permanent Representative to the EU Bobby McDonagh

April

Permanent Representative to the EU Bobby McDonagh

June

Permanent Representative to the EU Bobby McDonagh

September

Permanent Representative to the EU Bobby McDonagh

October *

Minister Brian Lenihan T.D.

November

Minister of State Sean Power T.D.

December

Minister of State Sean Power T.D.

2008

January *

Minister Brian Lenihan T.D.

February

Minister Brian Lenihan T.D.

April

Minister of State Sean Power T.D.

June

Permanent Representative to the EU Bobby McDonagh

July *

Minister Dermot Ahern T.D.

July

Minister of State Conor Lenihan T.D.

September

Permanent Representative to the EU Bobby McDonagh

October

Minister Dermot Ahern T.D.

November

Permanent Representative to the EU Bobby McDonagh

2009

January *

Minister Dermot Ahern T.D.

February

Minister Dermot Ahern T.D.

April

Minister of State Conor Lenihan T.D.

June

Permanent Representative to the EU Rory Montgomery

July *

Minister Dermot Ahern T.D.

September

Permanent Representative to the EU Rory Montgomery

October

Permanent Representative to the EU Rory Montgomery

November

Minister Dermot Ahern T.D.

2010

January *

Minister Dermot Ahern T.D.

February

Permanent Representative to the EU Rory Montgomery

April

Permanent Representative to the EU Rory Montgomery

June

Minister Dermot Ahern T.D.

July *

Minister Dermot Ahern T.D.

October

Permanent Representative to the EU Rory Montgomery

November

Minister Dermot Ahern T.D.

December

Permanent Representative to the EU Rory Montgomery

2011

January *

Sean Aylward, Secretary General

February

Permanent Representative to the EU Rory Montgomery

April

Minister Alan Shatter T.D.

May

Minister of State Kathleen Lynch T.D.

June

Minister Alan Shatter T.D.

July *

Minister Alan Shatter T.D.

September

Minister Alan Shatter T.D.

October

Minister Alan Shatter T.D.

November

Minister Alan Shatter T.D.

*indicates an Informal meeting of the Council of Ministers.

Officials also attend meetings of the Justice and Home Affairs Council.

Citizenship Applications

Bernard J. Durkan

Question:

505 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress made to date in the determination of an application for naturalisation in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [5475/12]

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 April, 2011. 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.

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.

Adoption Services

Jonathan O'Brien

Question:

506 Deputy Jonathan O’Brien asked the Minister for Justice and Equality if he has met the Department for Children and Youth Affairs on the issue of introducing adoption rights for gay couples to allow them to both be adoptive parents of a child; if he will introduce legislation on same as a matter of urgency; and if he will make a statement on the matter. [5561/12]

Responsibility for adoption legislation and policy lies with the Minister for Children and Youth Affairs who recently indicated in responding to a similar question (number 235 of 19 January 2012) that "Under the provisions of the Adoption Act 2010, the only persons who can jointly adopt are married couples. There are currently no proposals to change the legislation in this regard." I have not met with the Department of Children and Youth Affairs on the matter.

Garda Operations

Kevin Humphreys

Question:

507 Deputy Kevin Humphreys asked the Minister for Justice and Equality if his attention has been drawn to the current situation whereby warrants are taking an excessive amount of time to be served (details supplied); the steps he will take to resolve this issue; and if he will make a statement on the matter. [5573/12]

I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy again when the report is to hand.

Garda Recruitment

Mary Lou McDonald

Question:

508 Deputy Mary Lou McDonald asked the Minister for Justice and Equality his plans to lift the Garda recruitment ban following the loss of hundreds of gardaí from the force as a result of retirements up to and including 29 February 2012; and if he will confirm the number of these new recruits that will be drawn from the Garda Reserve. [5670/12]

The moratorium on Public Service Recruitment continues to apply to the Garda Síochána and no date has been fixed for future intakes into the Garda College. A decision on when recruitment will re-commence will take into account the rate of retirements and Government targets, set in the context of the agreement with the EU and the IMF, to reduce the number of public servants.

Recruitment to An Garda Síochána is governed by Statutory Regulations, namely the Garda Síochána (Admission & Appointments) Regulations 1988/2005. These regulations incorporate the Garda Síochána (Admissions and Appointments) (Amendment) Regulations 2006 which allow the Public Appointments Service to give due recognition to any satisfactory service by a person as a reserve member of the Garda Síochána.

Departmental Staff

Gerry Adams

Question:

509 Deputy Gerry Adams asked the Minister for Defence the salaries and allowances paid to his private secretary and to the Secretary General of his Department; and if he will make a statement on the matter. [5025/12]

The information sought by the Deputy regarding salaries and allowances paid to private secretaries in the Department of Defence is set out in the following table:

Position

Number

Salary Scale

Allowance

Private Secretary to Minister

1

€43,816 —€55,415 (Higher Executive Officer Standard Scale )

€19,653

Private Secretary to Minister of State

1

€43,816 —€55,415 (Higher Executive Officer Standard Scale )

€19,653

Private Secretary to Secretary General

1

€29,024 —€47,379 (Executive Officer Higher Scale)

€10,405

The Department of Public Expenditure and Reform has responsibility for the development and implementation of public service pay policy, including determination of rates of pay and allowances. My Department does not have any discretion in this matter.

Appointments to State Boards

Gerry Adams

Question:

510 Deputy Gerry Adams asked the Minister for Defence if he will provide a breakdown of the number of appointments that have been made to State boards by him since he came to office, including the names of the appointees and the boards they have been appointed to; the number of these appointments that have been made using new procedures involving the advertising of such posts on his Department’s websites and the interview of the chairperson of boards by Oireachtas committee; if he will highlight situations where this process has not occurred; and the reason it has not occurred in each case. [5041/12]

The bodies under the aegis of my Department are the Civil Defence Board, the Army Pensions Board and the Board of Coiste an Asgard. The Civil Defence Act 2002 provides that the Board shall consist of at least eight but not more than fourteen members who shall be appointed by the Minister for Defence. Legislation is currently being drafted to dissolve the Civil Defence Board and transfer the functions of the Board back into the Department of Defence. I appointed the current Board as an interim measure from 11 July 2011. In this context, none of the positions were advertised, nor was the chairperson interviewed by an Oireachtas committee.

Membership of the interim Board appointed from 11 July 2011 is set out in the following table:

Name

Nominating Bodies

Civil Defence Board Chairperson

Mr. Brian Spain Director, Department of Defence

Nominated by Minister for Defence

Civil Defence Board Members

Mr. Cathal Duffy Principal Officer, Department of Defence

Nominated by the Minister for Defence

Ms Clare Tiernan Principal Officer, Department of Defence

Nominated by the Minister for Defence

Mr. Robert Mooney Principal Officer, Department of Defence

Nominated by the Minister for Defence

Mr. Bill Smith Director General, Civil Defence Board

Appointed as Director General, Civil Defence Board

Mr. Ned Gleeson County Manager, Limerick City Council

Nominated by City and County Managers Association

Mr. Keith Leonard Assistant Fire Advisor

Nominated by the Minister for Environment, Community and Local Government

Dr. Barbara Rafferty

Nominated by Radiological Protection Institute of Ireland

Ms Becci Cantrell

Nominated by the Environmental Protection Agency

Ms Veronica Forde Assistant Civil Defence Officer

Nominated by the Civil Defence Officers Association

Lt. Col. Tony Kelly SSO, Defence Forces

Nominated by the Chief of Staff of the Defence Forces

Detective Superintendent Orla Mc Partlin An Garda Síochána

Nominated by the Commissioner of An Garda Síochána

Mr. Fergal Conroy

Elected volunteer member of Civil Defence

Ms Eileen Joyce

Elected staff member of the Civil Defence Board

The Army Pensions Board is an independent statutory body established under the Army Pensions Act, 1927. The Act specifies that the Board shall consist of a chairman and two ordinary members. The two ordinary members must be qualified medical practitioners of whom one must be an officer of the Army Medical Corps. The chairman and the non-military ordinary member are appointed by the Minister for Defence with the concurrence of the Minister for Finance. The Army Medical Corps ordinary member is appointed by the Minister for Defence on the recommendation of the Chief of Staff of the Defence Forces.

The position of Army Medical Corps ordinary member recently became vacant due to retirement, and I appointed Commandant Adam Lagun to the Board on and from 19 December 2011 on the recommendation of the Chief of Staff. As the Army Pensions Act 1927 specifies that one of the ordinary members must be an officer of the Army Medical Corps, this position could not be advertised on the Department's website. Details of Commandant Lagun's appointment to the Army Pensions Board were published in Iris Oifigiúil on 13 January 2012.

In the context of settling the Estimates for the Department of Defence for 2010, the Government decided that the national sail training scheme operated by Coiste an Asgard would be discontinued as recommended in the Report of the Special Group on Public Service Numbers and Expenditure. As a result, no funding was provided in 2010 or 2011. No appointments have been made since that decision was taken and the Board will be dissolved shortly.

Departmental Staff

Mary Lou McDonald

Question:

511 Deputy Mary Lou McDonald asked the Minister for Defence the number of retired public servants that have been re-hired by him, or re-hired by State agencies under his aegis. [5066/12]

Since I took office in March 2011, my Department has engaged two retired public servants to act as civilian drivers to the Minister of State, Mr. Paul Kehoe T.D. These appointments are temporary, unestablished positions in the Civil Service on a fixed-term contract basis. No further retired public servants have been rehired as employees by my Department, the Defence Forces or the bodies under the aegis of my Department, i.e. the Civil Defence Board, the Army Pensions Board and the Board of Coiste an Asgard, since I took office.

Business of Dáil

Jonathan O'Brien

Question:

512 Deputy Jonathan O’Brien asked the Minister for Defence the date on which he will lay the text of the memorandum of understanding regarding the Austro-German battlegroup 2012 before Dáil Éireann; the reason this was not laid before the motion to refer the memorandum to committee without debate was taken in Dáil Éireann 24 January 2012; and if he will make a statement on the matter. [5123/12]

Jonathan O'Brien

Question:

513 Deputy Jonathan O’Brien asked the Minister for Defence if he will ensure that in future the text of all motions and memorandums are available to members of Dáil Éireann before motions on them are taken. [5124/12]

I propose to take Questions Nos. 512 and 513 together.

Following a Government Decision to (a) lay a Memorandum of Understanding for the Austro-German Battlegroup before Dáil Éireann, and, to (b) the moving of a resolution in Dáil Éireann seeking its approval, my Department notified the Journal Office of the intention to move the motion. This notification issued on 10 November, 2011 and the Journal Office was requested to circulate the motion to the members of Dáil Éireann. A copy of the Memorandum of Understanding was also forwarded to the Dáil Library on the same date. As I am sure the Deputy will agree the prior notification of both the motion and the actual memorandum of almost 12 weeks is sufficient. My Department will continue to ensure that sufficient notice, as it is in this case, will be provided to the members of Dáil Éireann.

Defence Forces Strength

Denis Naughten

Question:

514 Deputy Denis Naughten asked the Minister for Defence if he will confirm plans to reduce the number of Army brigades to two; if he will outline the implications for Custume Barracks in Athlone, County Westmeath; and if he will make a statement on the matter. [5545/12]

Arising from the Comprehensive Review of Expenditure, the Government decided to maintain the strength of the Permanent Defence Force at 9,500 personnel. In response to the revised strength ceiling, a major re-organisation of the Defence Forces, including the Reserve Defence Force, has been initiated. This will encompass a reduction in the number of Army Brigades from the current three to two. The primary focus of the re-organisation is to maintain operational outputs and capabilities to best effect, within a reduced strength. I have asked the Chief of Staff and the Secretary General of the Department of Defence to bring forward detailed proposals for my consideration. This will include proposals regarding territorial areas of responsibility. You will appreciate that in advance of receipt and consideration of the options available, from the Secretary General and the Chief of Staff, I will not be in a position to answer detailed questions on possible outcomes. However, I can confirm that further barrack closures are not envisaged as part of this process.

Denis Naughten

Question:

515 Deputy Denis Naughten asked the Minister for Defence the current number of Army and civilian personnel based at Custume Barracks, Athlone, County Westmeath; the projected numbers following the completion of the closure of barracks in Cavan and Mullingar; and if he will make a statement on the matter. [5546/12]

There are currently a total of 902 military personnel and 35 civilians based at Custume Barracks Athlone giving a total of 937. Based on the numbers of military and civilian personnel currently based in Cavan and Mullingar Barracks this could rise to 1,161 military personnel and 54 civilians once the closure of those barracks are complete.

Denis Naughten

Question:

516 Deputy Denis Naughten asked the Minister for Defence the number of personnel in each of the Permanent Defence Force and Reserve Defence Force Engineer Units; the corresponding figures for five and ten years ago; the location of each unit; and if he will make a statement on the matter. [5547/12]

It was not possible to provide the detailed information sought by the Deputy in the time available. My Department is currently seeking to compile the relevant data and I will provide the information directly to the Deputy once it comes to hand.

Army Barracks

Willie Penrose

Question:

517 Deputy Willie Penrose asked the Minister for Defence if, in the context of correspondence (details supplied), he will confirm that a visit to the said facility by an organisation has taken place; if progress has been made in securing this establishment for this excellent facility; and if he will make a statement on the matter. [5572/12]

When the Government took the decision to close a number of Military Barracks, I asked my Department to enter into discussions with other Government Departments, Local Authorities, State Agencies and community groups regarding the possible purchase of the properties to benefit the local community as a whole but with particular emphasis on job creation measures. In this regard officials from my Department will shortly meet with officials from Westmeath County Council regarding Columb Barracks, Mullingar. My Department has also been in contact with a third level institution from abroad who has expressed a potential interest in establishing a college in Ireland. I can assure the Deputy that every effort will be made to dispose of the barracks so as to maximise the benefits to the local community.

Grant Payments

Brendan Griffin

Question:

518 Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when outstanding REP scheme payments will issue to a person (details supplied) in County Kerry. [4797/12]

The person named commenced REPS in June 2008 and received payments for the first three years of their contract. 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 in respect of 2011. These checks have now been completed and 75% payment totalling €2992.43 has issued to the person named on 27th January 2012. The 25% balancing payment of €997.47 will issue shortly.

Departmental Schemes

Question:

519 Deputy Michael P. Kitt asked the Minister for Agriculture, Food and the Marine if he will re-consider and amend the cuts to the disadvantaged areas scheme in budget 2012; and if he will make a statement on the matter. [4826/12]

It is widely recognised that the Disadvantaged Areas Scheme is a very important one for this country, as the total area designated as disadvantaged is almost 75% of Ireland's total land area. From an economic perspective, the Scheme is particularly significant, contributing to the support of in excess of 100,000 Irish farm families, whose ability to farm is restricted by the physical environment and, in particular, the impact of the prevailing wet cold climatic conditions. The Scheme, which is co-funded by the EU, is an integral part of Ireland's Rural Development Plan, 2007/2013, and as such, any proposed change to Scheme criteria requires the agreement of the EU Commission. In this regard, therefore, the changes announced in the context of the recent Budget have been submitted to Brussels; the Commission's response is expected shortly.

The budgeted expenditure under the 2012 Scheme will be reduced from €220 million to €190 million and, in order to achieve the €30 million saving in expenditure, it is proposed to introduce specified changes to the Scheme eligibility criteria for 2012. This will be achieved by making technical adjustments to the Scheme criteria to ensure that the aid payment is focused on farmers, whose farming enterprises are situated exclusively in Less Favoured Areas and who are making a significant contribution to achieving the objectives of the Scheme.

The savings will be achieved without the need to reduce the existing rates of aid and, in addition, there will also be no reduction in the maximum area payable — 34 hectares. The proposed changes are designed to ensure that the payments under the Scheme are focused on those farmers who (i) are farming exclusively in Disadvantaged Areas, (ii) make a significant contribution to the maintenance of a viable rural community and (iii) contribute to the enhancement of the environment.

Grant Payments

John O'Mahony

Question:

520 Deputy John O’Mahony asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Mayo will receive their single farm payment; and if he will make a statement on the matter. [4880/12]

Herd number P2060980 was transferred in to the name of the person named on 23rd June 2011 which was after the 16th May 2011 closing date for the 2011 Single Payment/Disadvantaged Area schemes. An application under the 2011 Single Payment/Disadvantaged Area schemes for Herd number P2060980 was received on 9th May 2011 signed by the previous owner of the herd number and payments under the aforementioned schemes have issued to the previous owner.

Common Agricultural Policy

Tom Fleming

Question:

521 Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine if he will ensure that Ireland secures adequate EU funding for rural development programmes in the negotiations for the common agricultural policy post-2013; and if he will make a statement on the matter. [4898/12]

The overall amount of funding for the CAP will be decided in the context of the EU Multi-annual Financial Framework (MFF) for the EU budget from 2014 to 2020. My overarching objective in the negotiations is to secure a strong and well-resourced CAP in order to meet food security needs and to preserve family farming in Europe. This is a whole of Government position.

The MFF proposals, published by the Commission in June 2011, maintain CAP expenditure at 2013 levels in nominal terms. From an Irish viewpoint, this represents a reasonable starting point for the CAP negotiations, particularly as there was significant pressure from some Member States to cut CAP spending. However, pressures for further cuts to the CAP budget remain, and it is important that these continue to be resisted.

One of my key priorities in the CAP reform negotiations is to retain Ireland's funding both for direct payments and for rural development in any redistribution of CAP funds between Member States. The proposal is to use a pragmatic basis to redistribute pillar 1 (Direct Income Supports) between Member States and I welcome this. A specific proposal on pillar 2 (Rural Development) funding has not yet emerged. However it is proposed that the distribution between Member States shall be based on objective criteria and past performance, with the allocations to be decided by the Commission annually under the Implementing Acts procedure. Depending on the objective criteria chosen, Ireland could lose substantially under this proposal. I believe that redistribution of funds between Member States should involve pillar 1 and pillar 2 together and should be done on the pragmatic basis envisaged for pillar 1. The net point for Ireland is that we receive below average payments per hectare for pillar 1 and 2 combined and I would see no justification for a reduction in payments.

I have already conveyed Ireland's views on this to the EU commission and other Member States and I will continue to press this point as negotiations continue.

Departmental Schemes

Tom Fleming

Question:

522 Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine if he will ensure that there are no further cuts to the disadvantaged area aid scheme; and if he will make a statement on the matter. [4905/12]

It is widely recognised that the Disadvantaged Areas Scheme is a very important one for this country, as the total area designated as disadvantaged is almost 75% of Ireland's total land area. From an economic perspective, the Scheme is particularly significant, contributing to the support of in excess of 100,000 Irish farm families, whose ability to farm is restricted by the physical environment and, in particular, the impact of the prevailing wet cold climatic conditions. The Scheme, which is co-funded by the EU, is an integral part of Ireland's Rural Development Plan, 2007/2013, and as such, any proposed change to Scheme criteria requires the agreement of the EU Commission. In this regard, therefore, the changes announced in the context of the recent Budget have been submitted to Brussels; the Commission's response is expected shortly.

The budgeted expenditure under the 2012 Scheme will be reduced from €220 million to €190 million and, in order to achieve the €30 million saving in expenditure, it is proposed to introduce specified changes to the Scheme eligibility criteria for 2012. This will be achieved by making technical adjustments to the Scheme criteria to ensure that the aid payment is focused on farmers, whose farming enterprises are situated exclusively in Less Favoured Areas and who are making a significant contribution to achieving the objectives of the Scheme.

The savings will be achieved without the need to reduce the existing rates of aid and, in addition, there will also be no reduction in the maximum area payable — 34 hectares. The proposed changes are designed to ensure that the payments under the Scheme are focused on those farmers who (i) are farming exclusively in Disadvantaged Areas, (ii) make a significant contribution to the maintenance of a viable rural community and (iii) contribute to the enhancement of the environment.

Tom Fleming

Question:

523 Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine if he will ensure that there are no further cuts to the suckler cow welfare scheme; and if he will make a statement on the matter. [4906/12]

The Suckler Welfare Scheme is a five year scheme, which was implemented with effect from January 2008, and will remain in place until December 2012. I can confirm that I have no plans to make any further reductions in the aid rate at this time.

Forestry Sector

Catherine Murphy

Question:

524 Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine if Coillte is engaged in any target-led strategic plan of carbon offsetting as part of its broader afforestation remit; the details of this plan; in the absence of such a plan, if he will provide details of similar proposals that have been considered by Coillte or by him; and if he will make a statement on the matter. [4918/12]

Coillte Teoranta was established as a private commercial company under the Forestry Act, 1988 and strategic planning is the responsibility of the company in the first instance.

Coillte advise that it is actively pursuing opportunities to use the carbon offsetting potential of forests to support national afforestation levels and has engaged with a number of Government Departments over the last 2 years. The company also advises that the potential of such schemes depends heavily on EU rules relating to Land Use, Land Use Change and Forestry (LULUCF) for the period 2013-2020.

I have not considered any proposals in relation to a target-led strategic plan of carbon offsetting from afforestation.

Catherine Murphy

Question:

525 Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine if he will provide figures relating to the maturity of the current planted stock under Coillte’s afforestation programmes; if he will detail the expected harvesting dates of the stock; and if he will make a statement on the matter. [4919/12]

Coillte Teoranta was established as a private commercial company under the Forestry Act, 1988 and day-to-day operational matters, such as the management of their forestry estate, are the responsibility of the company.

Coillte has provided the following figures relating to the maturity of the current planted stock under the company's afforestation programmes:

Age Distribution of Growing Stock

Age (years)

(Hectares)

Up to 10

58,000

11 to 20

106,000

21 to 30

81,000

31 to 40

70,000

41 to 50

40,000

51 to 60

13,000

61 +

10,000

Total

378,000

The calculation of harvesting dates is a complex matter, Coillte advises that the expected harvesting dates of the stock are outlined in the Coillte "Roundwood Supply Forecast 2011 — 2015" which is available on the company's website at www.coillte.ie.

Departmental Schemes

Michael Creed

Question:

526 Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine the number of applications for both installation aid and the early retirement scheme which were received by his offices in Johnstown Castle, Wexford, on 14 October 2008; the number of these applications that were incomplete and required further documentation or information; the number of these applications in respect of both schemes that were subsequently approved for payment; and if he will make a statement on the matter. [4925/12]

The information requested in relation to applications received under the Young Farmers' Installation Scheme and the Early Retirement Scheme on 14 October 2008 in my Department's office in Johnstown Castle, Wexford is set out in the following table:

Scheme

Number of Applications Received

Whether Further Documentation Required

Number Approved for Payment

Young Farmers’ Installation Scheme

59

Yes, in all cases

53

Early Retirement Scheme

25

23

23

Tom Fleming

Question:

527 Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine if he will introduce an agri-environment options scheme 3 at the earliest possible date to enable farmers who are finished with the REP scheme to have a scheme available to them; and if he will make a statement on the matter. [4958/12]

Despite the financial pressures facing my Department I have made provision in 2012 for €243 million under agri-environment schemes. I am also considering the possibility of re-opening AEOS on an amended basis or limited scale in 2012. This decision will be taken in the context of my Department's expenditure ceiling for 2013 as agreed by the Government, and in particular, on how a new scheme might be funded within the reduced funding and resulting pressures on the Vote. I will make an announcement on this matter in due course.

Grant Payments

Pat Breen

Question:

528 Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine the reason payments have not issued in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [4974/12]

An application under the Single Payment Scheme /Disadvantaged Areas Scheme was received from the person named on 9 May 2011.

This application was selected for a ground eligibility inspection. During the course of this inspection discrepancies were found that resulted in a claimed area of 33.15ha being reduced to 25.43ha. If the total area found is not sufficient to support the number of entitlements held penalties will be applied per the Terms and Conditions of the scheme. In this case the number entitlements held by the person named is 32.98. As the difference between the area declared and the area found is more than 20%, under EU Regulations, no payment will issue.

The person named was informed of this decision and of her right to seek a review. They were also informed of their right to appeal the outcome of any such review to the Independent Agriculture Appeals Office. To date no such review has been requested.

Tom Fleming

Question:

529 Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine when a REP scheme 4 payment will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [4976/12]

The person named commenced REPS 4 in June 2008 and received payment for the first three years of the contract period.

REPS 4 is a measure under the current 2007-13 Rural Development Programme and is subject to EU Regulations which require that detailed administrative checks are carried out on all applications before payments issue. During the course of the administrative check, a discrepancy was discovered between Single Payment Scheme application for 2011 and the REPS 4 Agri-Environmental Plan of the person named. This issue is now being addressed with a view to an early resolution and payment in respect of 2011.

Denis Naughten

Question:

530 Deputy Denis Naughten asked the Minister for Agriculture, Food and the Marine when a person (details supplied) in County Roscommon will receive their payment; the reason for the delay in issuing same; and if he will make a statement on the matter. [4997/12]

An application under the 2011 Single Payment Scheme/Grassland Sheep Scheme was received from the person named on the 30 March 2011. This application was fully processed and payment under the Grassland Sheep Scheme issued on 18 January 2012, based, in accordance with the provisions of the scheme, on the average Sheep Census as received in 2009 and 2010, which indicated that the person named had an average of one hundred and twenty six breeding ewes in his flock.

Departmental Staff

Gerry Adams

Question:

531 Deputy Gerry Adams asked the Minister for Agriculture, Food and the Marine the salaries and allowances paid to his private secretary and to the Secretary General of his Department; and if he will make a statement on the matter. [5021/12]

In response to the Deputy's question, the salary paid to the Secretary General in my Department is currently €200,000, which takes account of a salary surrender of €15,590 and is in line with the Government Decision to adopt a general policy of a €200,000 pay ceiling for senior positions across the Public Service.

The salary paid to my Private Secretary is €56,314, who also receives an annual allowance of €20,685. The allowance payable to private secretaries is set down by the Department of Finance and includes payment for extra attendance and expenses attaching to the post.

Appointments to State Boards

Gerry Adams

Question:

532 Deputy Gerry Adams asked the Minister for Agriculture, Food and the Marine if he will provide a breakdown of the number of appointments that have been made to State boards by him since he came to office including the names of the appointees and the boards they have been appointed to; the number of these appointments that have been made using new procedures involving the advertising of such posts on his Department’s websites and the interview of the chairperson of boards by Oireachtas committee; if he will highlight situations where this process has not occurred; and the reason it has not occurred in each case. [5037/12]

Since May of 2011 all vacancies on the State Boards that fall under my Department's remit are listed on the Department's website. Board appointments to a number of the bodies and agencies are not always made at my sole discretion. Instead, individuals are nominated for appointment by various organisations, specified in the relevant statute. These include the Aquaculture Licensing Appeals Board, Teagasc, National Milk Agency, Veterinary Council and Horse Racing Ireland.

There have been a number of appointments to State Boards during my tenure details of which can be found in the accompanying table. The Chairs appointed have yet to be called before the relevant Oireachtas committee but are aware of this requirement.

Body/Agency

No of Board Members

No of Board appointments

Name

Aquaculture Licensing Appeals Board

7

1

Brendan Brice

An Bord Bia

15

6 (including the Chair)

Michael Carey (Chair)

Gary Brown

Michael Cronin

Rhona Holland

John Kingston

Brody Sweeney

Bord na gCon

7

4

Philip Meaney (Chair)

Matt Murphy

Brendan Moore

Tim Gilbert

Coillte

9

1

Oliver McCabe

Teagasc

11

1

Thomas Cooke — nominated by ICMSA

Veterinary Council

19

5

Michael Joseph Sheahan

Peadar Ó Scanaill

Michael Patrick Mary Sadlier

Deirdre Patricia Campion

Martin Blake

Dairy Sector

Tom Fleming

Question:

533 Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine his plans to improve milk prices for suppliers in 2012 in view of the fact that prices paid in 2011 were close to the bottom of the EU milk price league; and if he will make a statement on the matter. [5053/12]

The milk price paid to dairy suppliers is a commercial matter between the dairy farmer and his/her processor. Market forces have a major influence on the price paid to farmers for milk, as world market prices for dairy products determine the returns received by dairy processors and these are reflected in the price paid to farmers. It is encouraging to see that 2011 was a very successful year for the dairy industry, with exports of Irish dairy products and ingredients valued at some €2.66 billion, an increase of 17% over 2010 . The CSO's recent advance estimate of output, input and income in agriculture for 2011 showed output value in the milk sector up €304 million, or 20%, compared to 2010. The effect of this performance can be seen in the milk price paid to Irish producers, and according to official CSO data, the average milk price paid to Irish producers in 2011 was 34 cent per litre, well above the 2010 average of 30 cent per litre .

Producer milk prices vary widely across the EU but, as the structure of the dairy industry differs greatly between member states, it can be misleading to simply compare prices. Nevertheless, Ireland is generally close to the average EU price and in the most recent EU data for November 2011, Ireland's milk price was €38/100kg compared to the EU average of €35.2/100kg.

Dairy markets remain relatively stable at the start of 2012, and the short term outlook is quite positive. There will always be short term fluctuations in dairy prices, and my Department provides €6 million per annum through its Dairy Efficiency Scheme to encourage the adoption of technology and best practice at farm level to equip farmers with the knowledge and skills necessary to maximise their output, reduce their costs of production and increase margins. It is important, however, to remember that the medium term prospects for global dairy markets are good. Growth in global population and wealth is forecast to stimulate strong levels of demand for dairy products.

Departmental Staff

Mary Lou McDonald

Question:

534 Deputy Mary Lou McDonald asked the Minister for Agriculture, Food and the Marine the number of retired public servants that have been rehired by him, or rehired by State agencies under his aegis. [5062/12]

My Department has two persons re-engaged on time limited contract basis.

In relation to the State Agencies under my Department's aegis, the query should be addressed to the agencies themselves.

Grant Payments

Tom Hayes

Question:

535 Deputy Tom Hayes asked the Minister for Agriculture, Food and the Marine the position regarding an appeal on a decision to entitlements under the single farm payment scheme in respect of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [5078/12]

Under the Nitrates Regulations, farmers are required to maintain certain records for each calendar year and to keep these records for five years. As part of a Cross Compliance Nitrates inspection carried out on the 21st of November 2008 the person named submitted such records to the Department.

During a subsequent evaluation of these records the maximum fertilisation rate for available Phosphorus was found to have been exceeded in contravention of the Nitrates regulations and a 3% penalty was recorded. The person named was informed of this decision on the 2nd of November 2011 and of his right to seek a review. He was also informed of his right to appeal the outcome of a review to the Independent Agriculture Appeals office. The 3% penalty was deducted from the 2011 payment due to the person named. There is no record of a request for a review of this decision.

Sugar Industry

Michael Healy-Rae

Question:

536 Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his plans to assist in the revival of the beet industry here; and if he will make a statement on the matter. [5146/12]

The EU Sugar Regime underwent a radical reform in 2005 and Greencore, the holder of the entire Irish sugar quota availed of the sugar restructuring scheme, dismantled its facilities and ceased production in 2006. Post reform production is now concentrated in 18 Member States. The present regime runs from 1 September 2006 to the 30 September 2015. There is no mechanism under the present EU Regulations which would allow for the re-instatement of the sugar quota for the growing of sugar beet in Ireland for the production of sugar.

Notwithstanding the current legal limitations, I have strongly supported the abolition of the EU sugar quota regime from September 2015, as part of the CAP reform discussions which are currently underway in the EU Council of Ministers. I also raised the issue with EU Commissioner for Agriculture, Mr. Dacian Ciolos during his recent visit to Ireland. In this regard, I have also met in 2011 with two separate groups here who have conducted feasibility studies, into the possibility of establishing a sugar/bioethanol facility. At both meetings I stated that any venture to develop a combined sugar/bioethanol production facility would have to be a commercial proposition, financed in total by investors and interested parties and make sound economic sense in order to be viable.

Departmental Schemes

Michael Healy-Rae

Question:

537 Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will review a matter (details supplied) regarding changes in the budget; and if he will make a statement on the matter. [5147/12]

It is widely recognised that the Disadvantaged Areas Scheme is a very important one for this country, as the total area designated as disadvantaged is almost 75% of Ireland's total land area. From an economic perspective, the Scheme is particularly significant, contributing to the support of in excess of 100,000 Irish farm families, whose ability to farm is restricted by the physical environment and, in particular, the impact of the prevailing wet cold climatic conditions. The Scheme, which is co-funded by the EU, is an integral part of Ireland's Rural Development Plan, 2007/2013, and as such, any proposed change to Scheme criteria requires the agreement of the EU Commission. In this regard, therefore, the changes announced in the context of the recent Budget have been submitted to Brussels; the Commission's response is expected shortly.

The budgeted expenditure under the 2012 Scheme will be reduced from €220 million to €190 million and, in order to achieve the €30 million saving in expenditure, it is proposed to introduce specified changes to the Scheme eligibility criteria for 2012. This will be achieved by making technical adjustments to the Scheme criteria to ensure that the aid payment is focused on farmers, whose farming enterprises are situated exclusively in Less Favoured Areas and who are making a significant contribution to achieving the objectives of the Scheme.

Any analysis of the Scheme must take into account the impact of the various enterprises on the local economy. As is clearly evident, the main benefits arise from (i) beef rearing, (ii) dairying and (iii) sheep breeding enterprises. There are an increasing number of applicants under the Scheme, who have discontinued livestock (cattle or sheep) farming, but who continue to benefit from aid under the Scheme by grazing some horses on their land. It is proposed that horses will no longer be eligible for the stocking density calculation on the basis that these applicants' contribution to the rural economy is minimal. However, equine breeding enterprises will continue to be eligible on the basis of the contribution they make to the local economy.

Grant Payments

Tom Hayes

Question:

538 Deputy Tom Hayes asked the Minister for Agriculture, Food and the Marine when payment under the single farm payment scheme will issue in respect of persons (details supplied) in County Tipperary; and if he will make a statement on the matter. [5227/12]

An application under the 2011 Single Payment Scheme was received from the person named on 13 May 2011, during processing of which a discrepancy arose between area declared by the person named and information given by the person named on a Transfer of Entitlement form. An official from my Department has been in direct contact with the person named with a view to resolving this matter and thereby facilitate payment at the earliest date possible.

Sean Fleming

Question:

539 Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine the position regarding an agri-environment options scheme application for 2011 in respect of a person (details supplied) in County Laois; when same will be approved; and if he will make a statement on the matter. [5228/12]

The person named was approved for participation in the Agri-Environment Options Scheme with effect from the 1 November 2010 and full payment has issued in respect of 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 in respect of 2011. In addition, applicants with non-productive Capital Investments under their plans, as in this case, must submit a documented claim in respect of such investments before the year 2 payment can issue.

During the administrative checks, a discrepancy was identified in the capital investment claim of the person named. My Department has issued a letter to the person named notifying him of the situation which involves the non-completion of an action which had received approval. The non-completion renders the action ineligible for payment. The application will now be further processed and payment in respect of the eligible options will issue as quickly as possible.

Departmental Schemes

Michael Moynihan

Question:

540 Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine if he will clarify the eligibility criteria for the disadvantaged area scheme in 2012. [5295/12]

Michael Moynihan

Question:

541 Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine if brood mares will be included in the stocking ratio for disadvantaged area schemes in 2012. [5296/12]

Michael Moynihan

Question:

542 Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine if the 2012 disadvantaged area scheme has any relation to 2011 land use. [5297/12]

Michael Moynihan

Question:

543 Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine if he will provide a breakdown of 2012 disadvantaged area scheme and REP scheme budget change impact on a county basis. [5298/12]

I propose to take Questions Nos. 540 to 543, inclusive, together.

It is widely recognised that the Disadvantaged Areas Scheme is a very important one for this country, as the total area designated as disadvantaged is almost 75% of Ireland's total land area. From an economic perspective, the Scheme is particularly significant, contributing to the support of in excess of 100,000 Irish farm families, whose ability to farm is restricted by the physical environment and, in particular, the impact of the prevailing wet cold climatic conditions. The Scheme, which is co-funded by the EU, is an integral part of Ireland's Rural Development Plan, 2007/2013, and as such, any proposed change to Scheme criteria requires the agreement of the EU Commission. In this regard, therefore, the changes announced in the context of the recent Budget have been submitted to Brussels; the Commission's response is expected shortly.

The budgeted expenditure under the 2012 Scheme will be reduced from €220 million to €190 million and, in order to achieve the €30 million saving in expenditure, it is proposed to introduce specified changes to the Scheme eligibility criteria for 2012. This will be achieved by making technical adjustments to the Scheme criteria to ensure that the aid payment is focused on farmers, whose farming enterprises are situated exclusively in Less Favoured Areas and who are making a significant contribution to achieving the objectives of the Scheme. It is not possible, at this stage, to break the Scheme changes down on a county by county basis.

The savings will be achieved without the need to reduce the existing rates of aid and, in addition, there will also be no reduction in the maximum area payable — 34 hectares. The proposed changes are designed to ensure that the payments under the Scheme are focused on those farmers who (i) are farming exclusively in Disadvantaged Areas, (ii) make a significant contribution to the maintenance of a viable rural community and (iii) contribute to the enhancement of the environment.

It is proposed that eligible applicants in 2012 must have met (a) a minimum stocking density of 0.3 livestock units per hectare in 2011 (equivalent to 2 ewes per hectare) and (b) 0.15 livestock units per hectare in 2012. However, in recognition of the environmental objectives of the Scheme, specific provisions will be made for those farmers, who had a stocking density less than 0.3 lu/ha in 2011, where that lower stocking density was as a result of adherence to lower stocking by agri-environmental measure. If the proposals are accepted, all applicants, whose stocking density was below 0.3 lu/ha in 2011, will be written formally and given the opportunity to apply for a derogation on the grounds that his or her participation in one of the above measures resulted in the lower stocking density. The principles of force majeure/exceptional circumstances will also be provided for in the process. It is also intended that provision will be made for new entrants to farming.

It is proposed to continue with the minimum stocking density of 0.15 lu/ha in respect of 2012. With a view to focusing the aid to those farmers, who make the most significant contribution to the rural economy and to the environment in general, it is proposed that the calculation of the stocking density will be based on (a) a retention period of 6 months where the stocking density on the holding has to be equal to or greater than 0.15 lu/ha and (b) the stocking density calculated over the twelve months of the scheme-year.

With the intention of targeting those farmers who are farming exclusively in Disadvantaged Areas, it is proposed that digressive payments will apply for farmers whose holdings consist of land situated in both Disadvantaged Areas and non-Disadvantaged Areas.

Any analysis of the Scheme must take into account the impact of the various enterprises on the local economy. As is clearly evident, the main benefits arise from (i) beef rearing, (ii) dairying and (iii) sheep breeding enterprises. There are an increasing number of applicants under the Scheme, who have discontinued livestock (cattle or sheep) farming, but who continue to benefit from aid under the Scheme by grazing some horses on their land. It is proposed that horses will no longer be eligible for the stocking density calculation on the basis that these applicants' contribution to the rural economy is minimal. However, equine breeding enterprises will continue to be eligible on the basis of the contribution they make to the local economy.

It is also proposed to exclude land situated more than 80 kilometres from a farmer's holding from aid under the Scheme. This exclusion will be confined to applicants, whose main holding is situated in a non-Disadvantaged Area, and who declares land situated more than 80 kilometres from the main holding. It is contended that the local impact of the farming of those lands situated in the Disadvantaged Areas is marginal.

I remain committed to supporting farmers who choose to farm to environmentally friendly practices and to ensuring that these farmers are rewarded for their efforts. However, given the state of the public finances I had no option but to announce a 10% cut in the rate of payment to existing REPS applicants. This cut, which will apply to 2012 payments onwards is subject to the approval of the Commission and I am not yet in a position to indicate how the change will affect applicants on an individual basis or impact on the distribution of payments at county level.

Grant Payments

Tom Fleming

Question:

544 Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine when REP scheme 4 payment will issue in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [5365/12]

The person named commenced REPS 4 in June 2008 and received payments for the first three years of the contract period. 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 in respect of 2011. These checks have now been completed and 75% payment totalling €2,852.56 has issued to the person named on 26th January 2012. The 25% balancing payment of €950.85 will issue shortly.

Tom Fleming

Question:

545 Deputy Tom Fleming asked the Minister for Agriculture, Food and the Marine if he will issue all outstanding REP scheme payments, single farm payments and disadvantaged area aid payments owed to farmers in County Kerry; and if he will make a statement on the matter. [5380/12]

My Department operates a number of grants and scheme payments for farmers. Funding for these schemes is provided by the Exchequer, the EU or a combination of both and all expenditure must be carried out in an appropriate manner and in strict compliance with the regulatory requirements.

Area-based schemes under the Rural Development Programme, 2007-13, in particular, are subject to EU Regulations which require detailed administrative checks on all applications, including cross checks with the Land Parcel Identification Scheme, to be completed before payments can issue. These rigorous procedures, including on-farm inspections, apply to payments under the Single Payment Scheme, the Disadvantaged Areas Schemes, the Rural Environment Protection Scheme (REPS) and the Agri-environment Options Scheme (AEOS). The checks are carried out to ensure that applications comply with the scheme conditions and cross-compliance requirements.

I am acutely conscious 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 all scheme payments while meeting the regulatory requirements and responsibilities, and to the elimination of all unnecessary delays.

Insofar as payments to farmers in Co Kerry are concerned, a total of 1,461 participants have been paid under REPS 4. Payments to the remaining scheme applicants are being paid as queries arising are resolved.

The situation under the Single Payment Scheme is that the vast majority of applicants have received their payment. To date, my Department has paid €59 million to 7,546 farmers. The remaining 31 farmers have errors in their applications and require further processing, including responses, before they can be cleared for payment.

There is a similar situation in respect of the Disadvantaged Areas Scheme where payments amounting to €18.6 million have been made to 7,600 farmers. There are 268 outstanding cases but many of these will not be eligible for payment as they will not meet the stocking density minimum requirement of 0.15 livestock units per hectare. The outstanding cases are prioritised by my Department and cases are processed for payment as soon as satisfactory responses are received from applicants.

European Council Meetings

Patrick O'Donovan

Question:

546 Deputy Patrick O’Donovan asked the Minister for Agriculture, Food and the Marine the EU Council of Ministers on which he sits; the number of meetings of that Council that have been held between 2007 and 2011; the number of those meetings that he attended; the number that were attended by the relevant Minister of State; the number that were attended by an Irish official; and if he will provide the names of those who attended in tabular form. [5464/12]

As Minister for Agriculture, Food and the Marine, I attend the EU Council of Ministers (Agriculture and Fisheries). Between 2007 and the end of 2011, there were 54 formal meetings of the EU Council of Agriculture Ministers and 11 informal meetings. Ireland was represented at the majority of these meetings at Ministerial level either by the sitting Minister and/or, when fisheries items dominated the agenda, by the Minister of State with responsibility for Fisheries. The table below sets out the position in relation to the head of delegation.

Month

2007

2008

2009

2010

2011

January

Mary Coughlan

Mary Coughlan

Brendan Smith

Brendan Smith and Sean Connick

Tom MoranSecretary General

February

No meeting

Mary Coughlan and John Browne

No meeting

Brendan Smith

Tom Moran Secretary General

March

Mary Coughlan

Mary Coughlan

Brendan Smith

Brendan Smith and Sean Connick

Simon Coveney

April

Mary Coughlan

Mary Coughlan and John Browne

Brendan Smith

Cancelled (due to ash cloud)

Simon Coveney

May

Mary Coughlan

Brendan Smith

Brendan Smith

Geraldine Byrne-Nason, DPR (travel plans disrupted by ash cloud)

Simon Coveney

June

Mary Coughlan

Brendan Smith and Tony Killeen

Brendan Smith

Sean Connick

Simon Coveney

Second Council in June 2011

Simon Coveney

July

Mary Coughlan

Brendan Smith and Tony Killeen

Brendan Smith

Brendan Smith

Simon Coveney

September

Mary Coughlan

Brendan Smith and Tony Killeen

Brendan Smith

Brendan Smith and Sean Connick

Tom Moran Secretary General

October

Mary Coughlan

Brendan Smith

Brendan Smith and Tony Killeen

Sean Connick

Simon Coveney

November

Mary Coughlan and John Browne

Brendan Smith and Tony Killeen

Tony Killeen

Brendan Smith and Sean Connick

Tom Moran Secretary General

Second Council in November 2008

Brendan Smith

December

Mary Coughlan and John Browne

Brendan Smith and Tony Killeen

Brendan Smith and Tony Killeen

Brendan Smith and Sean Connick

Simon Coveney

Informal May

Tom Moran Secretary General

Brendan Smith

Tom Moran Secretary General

Brendan Smith

Simon Coveney

Informal September

Mary Coughlan

Brendan Smith

Brendan Smith

Brendan Smith

Simon Coveney

Informal October 2009

Brendan Smith

Departmental Schemes

Sean Fleming

Question:

547 Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine if he will outline the recent changes in the disadvantaged area scheme, such as the change from three to six months, the increased stocking requirements, and the payments being based on last year, with no opportunity to get this year’s payments increased if currently based on a lower level of payment; and if he will make a statement on the matter. [5482/12]

It is widely recognised that the Disadvantaged Areas Scheme is a very important one for this country, as the total area designated as disadvantaged is almost 75% of Ireland's total land area. From an economic perspective, the Scheme is particularly significant, contributing to the support of in excess of 100,000 Irish farm families, whose ability to farm is restricted by the physical environment and, in particular, the impact of the prevailing wet cold climatic conditions. The Scheme, which is co-funded by the EU, is an integral part of Ireland's Rural Development Plan, 2007/2013, and as such, any proposed change to Scheme criteria requires the agreement of the EU Commission. My intention is that the changes announced in the context of the recent Budget will be submitted to Brussels shortly.

The budgeted expenditure under the 2012 Scheme will be reduced from €220 million to €190 million and, in order to achieve the €30 million saving in expenditure, it is proposed to introduce specified changes to the Scheme eligibility criteria for 2012. This will be achieved by making technical adjustments to the Scheme criteria to ensure that the aid payment is focused on farmers, whose farming enterprises are situated exclusively in Less Favoured Areas and who are making a significant contribution to achieving the objectives of the Scheme.

The savings will be achieved without the need to reduce the existing rates of aid and, in addition, there will also be no reduction in the maximum area payable — 34 hectares. The proposed changes are designed to ensure that the payments under the Scheme are focused on those farmers who (i) are farming exclusively in Disadvantaged Areas, (ii) make a significant contribution to the maintenance of a viable rural community and (iii) contribute to the enhancement of the environment.

It is proposed that eligible applicants in 2012 must have met (a) a minimum stocking density of 0.3 livestock units per hectare in 2011 (equivalent to 2 ewes per hectare) and (b) 0.15 livestock units per hectare in 2012. However, in recognition of the environmental objectives of the Scheme, specific provisions will be made for those farmers, who had a stocking density less than 0.3 lu/ha in 2011, where that lower stocking density was as a result of adherence to lower stocking by agri-environmental measure. If the proposals are accepted, all applicants, whose stocking density was below 0.3 lu/ha in 2011, will be written to formally and given the opportunity to apply for a derogation on the grounds that his or her participation in one of the above measures resulted in the lower stocking density. The principles of force majeure/exceptional circumstances will also be provided for in the process. It is also intended that provision will be made for new entrants to farming.

It is proposed to continue with the minimum stocking density of 0.15 lu/ha in respect of 2012. With a view to focusing the aid to those farmers, who make the most significant contribution to the rural economy and to the environment in general, it is proposed that the calculation of the stocking density will be based on (a) a retention period of 6 months where the stocking density on the holding has to be equal to or greater than 0.15 lu/ha and (b) the stocking density calculated over the twelve months of the scheme-year.

With the intention of targeting those farmers who are farming exclusively in Disadvantaged Areas, it is proposed that digressive payments will apply for farmers whose holdings consist of land situated in both Disadvantaged Areas and non-Disadvantaged Areas.

Any analysis of the Scheme must take into account the impact of the various enterprises on the local economy. As is clearly evident, the main benefits arise from (i) beef rearing, (ii) dairying and (iii) sheep breeding enterprises. There are an increasing number of applicants under the Scheme, who have discontinued livestock (cattle or sheep) farming, but who continue to benefit from aid under the Scheme by grazing some horses on their land. It is proposed that horses will no longer be eligible for the stocking density calculation on the basis that these applicants' contribution to the rural economy is minimal. However, equine breeding enterprises will continue to be eligible on the basis of the contribution they make to the local economy.

It is also proposed to exclude land situated more than 80 kilometres from a farmer's holding from aid under the Scheme. This exclusion will be confined to applicants, whose main holding is situated in a non-Disadvantaged Area, and who declares land situated more than 80 kilometres from the main holding. It is contended that the local impact of the farming of those lands situated in the Disadvantaged Areas is marginal.

Seafood Industry

Seán Kyne

Question:

548 Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine if he will be continuing with all recommendations of the Irish Seafood National Programme 2007-2013 with particular reference to its exclusion of financial assistance to marine salmon aquaculture licence holders in view of concerns over sea lice. [5483/12]

The Irish National Seafood Programme was published in July 2010 and sets out a framework for Exchequer grant aid for certain aspects of the seafood industry, including aquaculture and seafood processing. The National Programme is complimentary to the Seafood Development Operational Programme 2007-2013, which sets out a framework for EU co-funded grant aid to certain other aspects of the seafood industry, primarily fleet decommissioning. Both Programmes seek to implement the National Strategic Plan for the Seafood Sector for the period 2007-2013.

In the course of the public and statutory consultation process of the strategic environmental assessment of the National Programme, concerns were raised by the Central and Regional Fisheries Boards and the Department of Communications, Energy and Natural Resources concerning the negative impact on migratory wild salmonids from sea lice emanating from salmon farms. The then Minister agreed with the Minister for Communications, Energy and Natural Resources that until such time as the sea lice issue has been satisfactorily resolved, no financial assistance would be given to marine salmon aquaculture licence holders during the course of this National Programme, on a precautionary basis.

A policy document entitled "A Strategy for Improved Pest Control on Irish Salmon Farms" was developed by my Department, in consultation with the Marine Institute and BIM in 2008. The Strategy included a number of recommendations to provide for enhanced sea lice control, including the establishment of a National Implementation Group to oversee the implementation of the Strategy and its recommendations. This Group was established in December 2008 and its report was published by my Department in December 2010. That Report concluded that over the course of its work, the vast majority of salmon aquaculture sites maintained sea lice levels below treatment trigger levels and, in all instances when notices to treat were issued, effective treatment plans were put into practice.

Despite the positive conclusions of the National Implementation Group, Inland Fisheries Ireland and the Department of Communications, Energy and Natural Resources wished to see further progress before their concerns were allayed. My Department is keeping in regular contact with the Department of Communications, Energy and Natural Resources on this issue.

Aquaculture Licences

Seán Kyne

Question:

549 Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine when it is intended that a licence available for an offshore salmon farm, with particular reference to proposals for such a site off the coast of the Aran Islands, will be advertised. [5484/12]

No application has been received in respect of a deep sea fish farm off the Aran Islands. However it is understood that such an application is being prepared on behalf of Bord Iascaigh Mhara.

An application, if received, will be processed in accordance with the provisions of the Fisheries (Amendment) Act 1997 which include a period of public consultation.

Departmental Correspondence

John McGuinness

Question:

550 Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine if he has considered a submission and covering letter from a person (details supplied) in County Carlow; if he will investigate the issues raised to determine the assistance that can be given to resolve matters; and if he will make a statement on the matter. [5566/12]

I have examined this matter and I am satisfied that the position, with regard to the response that issued on 6 September 2011 from my Department to the person in Co. Carlow, remains unchanged.

Foreign Adoptions

Olivia Mitchell

Question:

551 Deputy Olivia Mitchell asked the Minister for Children and Youth Affairs if she will clarify Ireland’s current inter-country adoption arrangements with Russia; if she is recommending that parents proceed with adoption arrangements with the Russian authorities; and if she will make a statement on the matter. [4959/12]

In relation to Russia, a limited number of adoptions are currently being processed under transitional arrangements as provided for in the Adoption Act 2010. Such adoptions may take place up to the end of October 2013.

Russia has not ratified the Hague Convention and there appears to be no immediate prospect that this will happen. Therefore, future adoptions from Russia, beyond those provided for under the transitional arrangements, may only be possible under a bilateral agreement developed to the standards of the Hague Convention.

An official delegation from Ireland recently visited Russia and held preliminary discussions regarding the potential for a bilateral agreement. I am awaiting an assessment from the Adoption Authority which will inform the next steps to be taken in relation to this matter. The immediate priority of the Adoption Authority is the development of administrative arrangements with other countries which have ratified the Hague Convention. Any future bilateral arrangements which might be entered into would also be required by law to meet the minimum standards set out in the Convention.

Departmental Staff

Gerry Adams

Question:

552 Deputy Gerry Adams asked the Minister for Children and Youth Affairs the salaries and allowances paid to her private secretary and to the Secretary General of her Department; and if she will make a statement on the matter. [5023/12]

The Secretary General of my Department is in receipt of a salary of €180,000 and receives no additional allowances. My Private Secretary is a permanent civil servant at Higher Executive Officer level and his salary is in the range of €46,081 to €58,294. This position attracts an allowance of €20,685 per annum.

The Minister for Public Expenditure and Reform, Mr. Brendan Howlin T.D., is responsible for setting the pay and conditions of public servants in line with Government policy and any such policy is implemented in full across my Department.

Appointments to State Boards

Gerry Adams

Question:

553 Deputy Gerry Adams asked the Minister for Children and Youth Affairs if she will provide a breakdown of the number of appointments that have been made to State boards by her since she came to office including the names of the appointees and the boards they have been appointed to; the number of these appointments that have been made using new procedures involving the advertising of such posts on her Department’s websites and the interview of the chairperson of boards by Oireachtas committee; if she will highlight situations where this process has not occurred; and the reason it has not occurred in each case. [5039/12]

I would like to inform the Deputy that the position in respect of my Department is that four agencies are funded by the Exchequer through my Department's Vote.These are the Adoption Authority of Ireland (AAI), the Family Support Agency (FSA), the National Educational Welfare Board (NEWB) and the Ombudsman for Children.

In line with the Government Decision of April 2011, on my Department's website I have invited expressions of interest from persons interested in being appointed to the boards of State Bodies and Agencies operating under the Department's aegis. The notice indicates the vacancies in the boards of the respective bodies. My officials acknowledge all expressions of interest received and maintain a database of those expressions. In making my decisions on appointments to Boards, subject to the governing legislation, I consider the most suitable persons for the positions available with due regard to the body or agency in question and its particular responsibilities and I seek to ensure that the appropriate mix of skills and experience is in place to achieve the best result.In relation to the NEWB, there have been two appointments to the Board since my appointment as Minister for Children and Youth Affairs. Mr. Brendan Broderick was appointed based on a nomination of the trade unions and staff associations representing teachers under S9(2)(1)(b)(iv) of the Education (Welfare) Act 2000.Mr. Broderick was a direct replacement of a retiring nominee during his term of office. Mr. Eamonn Flynn was appointed to the NEWB based on a nomination of the Educational Welfare Officers under S9 (2)(1)(b)(v) of the Education (Welfare) Act 2000 whereby the Minister is obliged to consult with specified bodies in the process of these appointments.

In relation to the FSA, there have been nine members appointed to the Board since my appointment as Minister, namely Sharon Foley, Dick Hickey, Catherine Hazlett , Marie Fenlon, Yvette O'Malley (resigned 10 November, 2011), Liz Chaloner, Nuala Ryan, Imelda Martin and Caroline Murphy. I will be writing shortly to the Oireachtas Committee on Health and Children to advise that the Chairperson designate will be available for interview by the committee.

With effect from 1 January 2012, I have taken responsibility for the children detention schools as provided in Part 10 of the Children Act 2001. I am in the process of making appointments to the board of management of the schools and will announce the full board when all members have been appointed.The term of the previous Board expired in October 2011 and the vacancies for the current Board are currently listed on my Department's website.

I have made no appointments to the Board of the AAI since my appointment.There is no Board for the Ombudsman for Children's Office. The new arrangements introduced by this Government with regard to the availability of designated candidates for interview by Oireachtas Committee will apply as appropriate in the case of chairpersons of boards and I can confirm that there have been no situations in my Department where this process has not occurred.

Departmental Staff

Mary Lou McDonald

Question:

554 Deputy Mary Lou McDonald asked the Minister for Children and Youth Affairs the number of retired public servants that have been rehired by her, or rehired by State agencies under her aegis. [5064/12]

I am happy to confirm to the Deputy that there are no retired public servants employed by either my Department or agencies under its remit.

Referendum on Children’s Rights

Brendan Griffin

Question:

555 Deputy Brendan Griffin asked the Minister for Children and Youth Affairs when she expects the children’s rights referendum to be held; and if she will make a statement on the matter. [5224/12]

The Programme for Government 2011 states that the Referendum on Children's Rights is a priority, and that the wording of the proposed referendum will be along the lines of that proposed by the All Party Joint Committee on the Constitutional Amendment on Children.

Since taking office, both myself and officials from my Department have had a number of meetings with the Attorney General and her officials to progress this commitment. Work on the wording of the referendum is ongoing, focusing on ensuring that the proposed Referendum reflects the deliberations and conclusions of the Joint Committee and the commitment in the Programme for Government. It is my intention to seek approval from Government for the proposed wording once finalised, with a view to holding the referendum next year. I am anxious to ensure that any wording which emerges will have the support it needs across parties and with the public. The timing of the referendum will have regard to the need to allow an appropriate period of time for the proposal to be fully communicated to the public. Not withstanding that I am committed to advancing the referendum at as early a date in 2012 as possible.

Child Care Services

Dominic Hannigan

Question:

556 Deputy Dominic Hannigan asked the Minister for Children and Youth Affairs her plans to publish an after-care support service strategy in 2012; and if she will make a statement on the matter. [5502/12]

Dominic Hannigan

Question:

557 Deputy Dominic Hannigan asked the Minister for Children and Youth Affairs if an after-care support service strategy is to be implemented, how the strategy will be funded; the amount that has been allocated for 2012; and if she will make a statement on the matter. [5503/12]

I propose to take Questions Nos. 556 and 557 together.

Section 45 of the Child Care Act 1991 places a statutory duty on the HSE to form a view in relation to each person leaving care as to whether there is a "need for assistance" and if it forms such a view, to provide services in accordance with the legislation and subject to resources. All young people who have had a care history with the HSE, be it foster care, residential care, high support, or special care are entitled to an aftercare service based on their assessed needs. The core eligible age range for aftercare is 18 years and up to 21 years. This can be extended until the completion of a course of education in which he/she is engaged up to the age of 23 years of age.

Some 90% of children in care are in foster care and a large number of these remain living with their foster families, supported financially by the HSE, on reaching 18 years of age. These young people continue in education and training as planned. This remains a key component of aftercare for young people when they leave care. Children who have been in residential care, short term foster placements, multiple placements and those who have dropped out of education/training are most at risk and in need of support when they leave care. The most important requirements for young people leaving care are for secure, suitable accommodation as well as further education, employment or training and social support. Aftercare provision incorporates advice, guidance and practical support. An individual holistic needs assessment identifies a young person's need for accommodation, financial support, social network support and training and education in the months before their 18th birthday. The level of support required will vary for each individual.

There are approximately 45 dedicated Aftercare workers in the HSE and recruitment of 10 additional aftercare workers is currently underway. In addition, many social workers while not dedicated aftercare workers, provide aftercare as part of their workload. The HSE also provides funding and has agreements in place with a number of bodies including Focus Ireland, Clare Care and Simon, to provide full-time aftercare workers.

The National Aftercare Service is underpinned by a National Policy and Procedures Document which has been developed in cooperation with the key stakeholders including the voluntary sector agencies involved in Aftercare provision and my Department. The policy commits to promoting and achieving the best outcomes for young people leaving care and in ensuring consistency of support to these young people.The most vulnerable group of young people leaving care are those that have dropped out of education and training and those that have left residential care. Some of these young people have mental health problems or a disability. The HSE is alert to this group and the implementation group is working together to improve their circumstances. The HSE has committed to monitor implementation of this policy in the 2012 National Service Plan. I will review demand and update of the service over the course of 2012, with a view to assessing how the service is addressing need.

Water Fluoridation

Dominic Hannigan

Question:

558 Deputy Dominic Hannigan asked the Minister for Health his policy on water fluoridation; and if he will make a statement on the matter. [4980/12]

The Forum on Fluoridation, which reported in 2002, advised that the fluoridation of piped public water supplies should continue as a public health measure. One of the recommendations of the Forum was to amend the Regulations regarding fluoridation of public water supplies to redefine the optimal level of fluoride in drinking water from 0.8 to 1.0 parts per million (ppm) to between 0.6 and 0.8 ppm. Regulations were introduced in 2007 to give legal effect to this change.

The Irish Expert Body on Fluorides and Health, established in 2004, advises that the balance of scientific evidence worldwide confirms that water fluoridation, at the optimal level, does not cause any ill effects and continues to be safe and effective in protecting the oral health of all age groups. The report of the EU Scientific Committee on Health and Environmental Risks (SCHER), published in June 2011, has not made any findings of negative health or environmental effects concerning fluoridation of water. There are no plans to discontinue the policy of fluoridation of public water supplies, which continues to make an effective contribution to oral health in Ireland.

Commissions of Inquiry

Gerald Nash

Question:

559 Deputy Gerald Nash asked the Minister for Health the position regarding a request made to him in December 2011 from a cross-party group of north-east based Oireachtas Members to establish a commission of inquiry into the circumstances surrounding allegations of sexual abuse at Our Lady of Lourdes Hospital, Drogheda, County Louth, from the 1960s to the 1990s; and if he will make a statement on the matter. [5129/12]

The Government's original intention was to facilitate an inquiry by an Oireachtas Committee into the issues referred to by the Deputy. As this approach has not proved possible, I am now examining how best to deal with the issues involved in the case. My Department is currently exploring the options in this regard, including the possibility of a Commission of Investigation under the Commissions of Investigation Act 2004. I also intend to consult with the Attorney General in view of the complex legal issues involved.

Medical Cards

Jack Wall

Question:

560 Deputy Jack Wall asked the Minister for Health the position regarding a medical card application in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [5438/12]

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

Hospitals Building Programme

Peadar Tóibín

Question:

561 Deputy Peadar Tóibín asked the Minister for Health if he will detail contact between him or the Health Service Executive and the private sector with regard to the construction of a new regional hospital in Navan. [4768/12]

I have not had any contacts with private groups regarding the construction of a new regional hospital in Navan. The Deputy's question has also been referred to the Health Service Executive for comment and direct reply.

Medical Cards

John McGuinness

Question:

562 Deputy John McGuinness asked the Minister for Health when a medical card will be issued to a person (details supplied) in County Kilkenny; and if he will expedite the matter. [4771/12]

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

Hospital Services

John McGuinness

Question:

563 Deputy John McGuinness asked the Minister for Health if an early appointment will be arranged in respect of a person (details supplied) in County Kilkenny. [4772/12]

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 day case 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 Services

Sean Fleming

Question:

564 Deputy Sean Fleming asked the Minister for Health when a person (details supplied) in County Laois who has been on a waiting list for orthodontic treatment from the Health Service Executive will receive an appointment; and if he will make a statement on the matter. [4804/12]

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

Medical Negligence

Pearse Doherty

Question:

565 Deputy Pearse Doherty asked the Minister for Health if he intends to pilot a no-fault compensation scheme for children who suffer catastrophic birth injuries, utilising scarce resources to support families rather than paying massive legal bills. [4810/12]

While I have no plans at present to introduce a pilot no-fault compensation scheme for children who suffer catastrophic birth injuries, this is an area I am asking my Department to explore.

Meanwhile, I am advised that the Working Group on Medical Negligence and Periodic Payments, established by the President of the High Court, Mr. Justice Kearns, and chaired by Mr. Justice Quirke, is currently working on its report concerning the introduction of a Clinical Negligence Pre-action Protocol in Ireland, similar to that which operates in England and Wales. The purpose of introducing such a Protocol, which would have special application to cases involving catastrophic birth-related injuries, is to ensure the resolution of such cases as soon as is possible without the necessity for litigation. If adopted, this approach would save on legal costs and, importantly, preserve the patient/health care provider relationship. I understand that the introduction of such a pre-action protocol would require a statutory amendment to permit the necessary changes to the Rules of Superior Courts.

The Working Group referred to above has already made recommendations regarding the introduction of legislation to facilitate courts making provision for structured settlements or ‘periodic payment orders' in circumstances where lump sums are currently awarded as a consequence of individuals suffering catastrophic injury because of the negligence of another. These reform initiatives are ultimately a matter of responsibility for the Minister for Justice and Equality.

Health Services

Billy Kelleher

Question:

566 Deputy Billy Kelleher asked the Minister for Health his view on whether the outflow of senior midwives due to the early retirement package will have a considerable impact on the provision of maternity services in the three maternity hospitals in Dublin; if the Health Service Executive has a plan in place to provide for the safe replacement of midwives; and if he will make a statement on the matter. [4818/12]

Billy Kelleher

Question:

567 Deputy Billy Kelleher asked the Minister for Health his view on whether the outflow of senior midwives due to the early retirement package will have a considerable impact on the provision of maternity services in maternity hospitals outside Dublin; if the Health Service Executive has a plan in place to provide for the safe replacement of midwives; and if he will make a statement on the matter. [4819/12]

I propose to take Questions Nos. 566 and 567 together.

I am acutely aware of the impact the early retirement package will have on the provision of maternity services and indeed all services nationally and together with the HSE, we are committed to minimizing the impact through a range of strategies to be achieved through fast tracking new innovative and more efficient ways of using a reducing resource. I have requested the HSE to prioritise the ongoing delivery of safe services for patients and to ensure that all necessary steps are taken to ensure the avoidance of risk in the delivery of services for patients. The impact of the upcoming retirements requires a range of strategic national responses, together with specific local responses.

Planning for the delivery of health services is undertaken within the context of the annual National Service Planning process. This process ensures that all factors, including budgets and staffing levels and any other emerging issues, including the impact of the retirements are factored into the plan for what services will be delivered within the coming year.

In parallel with this process, each of the HSE's four regions are required to develop a more detailed Regional Service Plan which translates the national goals and targets into service specific targets for the year in question. All of the regional plans are being developed on the basis of the anticipated number of staff that will be in post after the end of February. These plans are due to be finalized in early February. Managing the specific risks associated with the forthcoming retirements has been undertaken within this planning context and will form part of the soon to be published Regional Service Plans. Contingency plans are being developed to cover any gaps that may arise in staffing as a result of midwives retiring at the end of February. Many of these contingency plans are at an advanced stage.

The scope to replace the staff who will retire is limited. Addressing the reduction in staff numbers as a result of these retirements, as well as the wider programme of reducing public sector numbers, requires more significant productivity increases as well as organisational and work practice changes.

The HSE is continuing to utilize the provisions of the Public Service Agreement 2010 to 2014 (the "Croke Park Agreement") as it seeks to change staff rosters, work practices and to redeploy staff. This will assist in minimising the service impact. Contingency plans to address the impact of the retirements also focus on the following measures:

Staff Redeployment — Staff redeployment options are being progressed across all services.

Streamlining- Some management structures and services will be amalgamated and streamlined, Cross cover arrangements will be put in place wherever possible and where clinical management numbers have been reduced. In addition revised staff rosters and skill mix options are also being utilized.

Delivering Greater Productivity through the National Clinical Programmes.

The accelerated implementation of the national clinical programmes are key strategic supports to the risk management process which is in place around these retirements.

The related work of the Special Delivery Unit in relation to emergency departments, surgical and outpatient waiting times and reorganisation of specialist medical services and bed utilisation, will also be critical in supporting the achievement of overall resource management in the coming year.

There are a number of additional allocations set out in the HSE's National Service plan that will assist in minimising the impact of the retirements on services, to include:

Focused Recruitment for critical posts vacated will be undertaken (within the context of the cost containment plans and budgets for each service).

Agency staff may be used where there is a critical requirement. Any reliance on agency staff will be in the context of the HSE's objective to reduce overall agency costs by 50% in 2012.

The National Service plan in 2012 also makes provision for some conversion of agency costs into whole time equivalent staff which will be explored in limited circumstances where local budgets allow.

Michael Healy-Rae

Question:

568 Deputy Michael Healy-Rae asked the Minister for Health the reason angiograms are not carried out in County Kerry (details supplied); and if he will make a statement on the matter. [4823/12]

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

Brendan Griffin

Question:

569 Deputy Brendan Griffin asked the Minister for Health when the community care unit will be opening in Tralee, County Kerry. [4824/12]

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

Hospital Services

Gerry Adams

Question:

570 Deputy Gerry Adams asked the Minister for Health the consultations that have been undertaken in relation to the future of the Cottage Hospital in Drogheda, County Louth, and St. Joseph’s in Ardee, County Louth; and if he will make a statement on the matter. [4847/12]

Gerry Adams

Question:

571 Deputy Gerry Adams asked the Minister for Health the proposals he has put forward for the future of the Cottage Hospital in Drogheda and St Joseph’s in Ardee, County Louth. [4848/12]

I propose to take Questions Nos. 570 and 571 together.

As these are service matters they been referred to the Health Service Executive for direct reply.

Health Services

Gerry Adams

Question:

572 Deputy Gerry Adams asked the Minister for Health the impact on health care services in County Louth of the likely exodus of health service staff in February to avail of pension entitlements; the number of consultants, nurses and other health staff who will leave at that time; the measures he is putting in place to deal with this issue; the number of new staff who will be recruited to replace those who leave the service; if he will provide a breakdown of same; and if he will make a statement on the matter. [4853/12]

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 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.

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.

The reduction in staffing increases the need for reform, including greater flexibilities in work practices and rosters, as well as redeployment. The HSE National Service Plan includes a commitment to addressing these issues 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).

While a significant number of doctors, nurses and other professional and support staff are due to retire by the end of February, there is no scope for widespread rehiring of staff.

With regard to the specific issues raised by the Deputy in relation to services in County Louth, I have asked the HSE to reply directly to the Deputy.

Health Service Allowances

Clare Daly

Question:

573 Deputy Clare Daly asked the Minister for Health the steps he has taken to amend the guidelines for the mobility allowance scheme to make it compliant with the requirements of the Equal Status Act 2003, which prohibits discrimination in the provision of services on the grounds of age; and when the scheme will be fully compliant with equality legislation. [4857/12]

The Department of Health has accepted the Ombudsman's recommendation to review and revise the mobility allowance so as to render it compliant with the Equal Status Acts. The Department also notes that the Ombudsman, in a footnote to her recommendation, expresses no view as to the terms of the revision of the mobility allowance other than the revised scheme should be compliant with the Equal Status Acts. The Department accepts that the mobility allowance cannot continue to operate on the current basis. The Department has pointed out to the Ombudsman that there are a range of potential policy options that need to be considered. Final policy decisions in this regard have yet to be taken.

Ministerial Meetings

Brian Stanley

Question:

574 Deputy Brian Stanley asked the Minister for Health if he will visit Shaen hospital, County Laois, and meet with the hospital action group and Oireachtas Members to discuss the future of the hospital. [4858/12]

Requests to meet my colleague Minister Reilly are normally arranged through his Office. Accordingly I would suggest a representative of the Hospital Action Group should make contact with the Minister's Office at ministers_office@health.gov.ie.

Nursing Home Accommodation

Brian Stanley

Question:

575 Deputy Brian Stanley asked the Minister for Health his views on the impact the reduction of 550 public nursing home beds will have on Shaen and Abbeyleix hospitals. [4859/12]

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

Mental Health Services

Brian Stanley

Question:

576 Deputy Brian Stanley asked the Minister for Health if a portion of the extra €35 million allocated for mental health may be used to improve services for patients with dementia and Alzheimer’s in Shaen hospital. [4860/12]

A special allocation of €35m for mental health was announced in Budget 2012 in line with the Programme for Government commitments. Funding from this special allocation will be used primarily to strengthen Community Mental Health Teams in both Adult and Children's mental health services. It is intended that the additional resources will be rolled out in conjunction with a scheme of appropriate clinical care programmes based on an early intervention and a recovery approach. Some of the funding will also be used to advance activities in the area of suicide prevention and response to self-harm presentations and to initiate the provision of psychological and counselling services in primary care specifically for people with mental health problems. Some provision will also be made to facilitate the re-location of mental health service users from institutional care to more independent living arrangements in their communities, in line with A Vision for Change. Details of how this funding will be apportioned are set out in the HSE National Service Plan for 2012 which was approved by the Minister in accordance with the Health Act 2004.

Health Services

Jack Wall

Question:

577 Deputy Jack Wall asked the Minister for Health the mechanism available to a family regarding an assessment in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [4868/12]

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

Medical Cards

Tom Fleming

Question:

578 Deputy Tom Fleming asked the Minister for Health if he will investigate the delay in processing a medical card application in respect of a person (details supplied) in County Kerry. [4875/12]

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

Nursing Home Accommodation

Caoimhghín Ó Caoláin

Question:

579 Deputy Caoimhghín Ó Caoláin asked the Minister for Health if he will list the 404 private nursing homes, the 48 voluntary nursing homes and the 121 public nursing homes here at the end of 2011; and the number of beds in each. [4892/12]

The Health Information and Quality Authority (HIQA) is the statutory body responsible for the registration of all designated centres for older people, including public, voluntary and private nursing homes. HIQA has been given until 30 June 2012 to fully register all existing nursing homes. Details of all currently registered nursing homes, including the maximum number of residents who can be accommodated; as well as inspection reports on all nursing homes, can be found on the HIQA website, www.hiqa.ie.

Medical Cards

John O'Mahony

Question:

580 Deputy John O’Mahony asked the Minister for Health when a person (details supplied) in County Mayo will receive a decision on their medical card application; and if he will make a statement on the matter. [4896/12]

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

Ciaran Lynch

Question:

581 Deputy Ciarán Lynch asked the Minister for Health if he will confirm that valid medical cards held by children are now automatically deleted from the system when the child reaches the age of 16 years, although this was previously 18 years; if he will indicate when this change was introduced and the reason neither the patient nor the general practitioner is notified of the change; and if he will make a statement on the matter. [4897/12]

I have asked the Health Service Executive for a report on the issue raised by the Deputy. I will revert to the Deputy on the matter as soon as possible.

Joan Collins

Question:

582 Deputy Joan Collins asked the Minister for Health if there was a change of policy in regard to charging patients with medical cards for blood tests in local health clinics (details supplied); and if he will clarify any changes relating to this matter. [4912/12]

General Practitioners (GPs) who hold GMS contracts with the HSE must not seek or accept money from medical card or GP visit card holders for services covered under the GMS contract. For instance, in circumstances where the taking of blood is necessary to either (a) diagnose a patient or (b) monitor a diagnosed condition, the GP may not charge the patient if they are eligible for free GMS services. The HSE points out that, in many GP surgeries, it is the practice nurse who takes blood samples and that it significantly subsidises the cost of employing practice nurses.

At my request, the HSE has written to all GMS GPs reminding them of their obligations under their contract in this regard. I would encourage patients to follow up with the HSE if they believe they are being wrongly charged for services by their GP and the matter will be fully investigated by the Executive. Formal complaints will be dealt with through the HSE's Consumer Affairs Service. In a number of cases to-date, the GP has reimbursed their patients following receipt of correspondence from the HSE.

I appreciate that because of the nature of the GP/patient relationship, it may be difficult for patients to make such complaints. Where public representatives are made aware of GPs charging GMS patients in error, they may wish to notify the HSE directly.

John McGuinness

Question:

583 Deputy John McGuinness asked the Minister for Health if a medical card will be expedited and approved in respect of a person (details supplied) in County Kilkenny. [4929/12]

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

John McGuinness

Question:

584 Deputy John McGuinness asked the Minister for Health if he will expedite an application for a medical card now under appeal in respect of a person (details supplied) in County Kilkenny; and if the application appeal will be approved based on the medical circumstances of the applicant. [4945/12]

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

Hospital Procedures

John McGuinness

Question:

585 Deputy John McGuinness asked the Minister for Health the reasons a test was not arranged at Cork hospital in respect of a person (details supplied) in County Kilkenny; if he will further explain the reason the appointment to carry out the test at St. Luke’s hospital, Kilkenny, was also cancelled; the action he will take to arrange an immediate appointment for this patient, who is in continuous severe pain; and if he will make a statement on the matter. [4947/12]

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 day case 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.

John McGuinness

Question:

586 Deputy John McGuinness asked the Minister for Health if an early appointment for assessment will be arranged at Waterford Regional Hospital in respect of a person (details supplied) in County Kilkenny; and if he will expedite the matter. [4952/12]

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 day case 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 Services

John McGuinness

Question:

587 Deputy John McGuinness asked the Minister for Health the number of patients cared for at the Health Service Executive community house (details supplied) in County Carlow; the staffing levels during the day; the number of nurses covering the facility each night; and if he will make a statement on the matter. [4953/12]

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

Mental Health Services

John McGuinness

Question:

588 Deputy John McGuinness asked the Minister for Health the number of psychiatric patients cared for at a facility (details supplied) in County Carlow; if staffing levels have been reduced at this facility; if so, how this has affected the service; if the hours of operation of the facility have changed, and how this has affected patient care; and if he will make a statement on the matter. [4954/12]

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

Health Services

Michael Healy-Rae

Question:

589 Deputy Michael Healy-Rae asked the Minister for Health the position regarding assisted living houses (details supplied) in County Kerry; and if he will make a statement on the matter. [4967/12]

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

HIV Infection

Jonathan O'Brien

Question:

590 Deputy Jonathan O’Brien asked the Minister for Health if his attention has been drawn to the report of the UNAIDS advisory group on HIV and sex work, published in December 2011; and if he will make a statement on the matter. [4971/12]

The Deputy will be aware that issues relating to the law regarding sex work are matters for my colleague the Minister for Justice and Equality to respond to. With regard to the provision of HIV treatment and prevention services, I can assure the Deputy that people involved in sex work have the same entitlements to statutory HIV prevention and treatment services as everybody else.

Health Services

Terence Flanagan

Question:

591 Deputy Terence Flanagan asked the Minister for Health the position regarding the Health Service Executive addiction services (details supplied); and if he will make a statement on the matter. [4985/12]

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

Medical Cards

Caoimhghín Ó Caoláin

Question:

592 Deputy Caoimhghín Ó Caoláin asked the Minister for Health the position regarding a medical card renewal application in respect of a person (details supplied) in County Wexford. [4986/12]

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

Hospital Accommodation

Tom Fleming

Question:

593 Deputy Tom Fleming asked the Minister for Health if he will enter into discussions with Killarney Town Council in regard to the future of St. Finan’s hospital and lands, Killarney, County Kerry; and if he will make a statement on the matter. [4989/12]

Management of the Health Service Executive property portfolio is a service matter. Therefore, the Deputy's question has been referred to the Executive for direct reply.

Health Services

Michelle Mulherin

Question:

594 Deputy Michelle Mulherin asked the Minister for Health the position regarding a medical application in respect of a person (details supplied) in County Mayo; and if it will be expedited. [4994/12]

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

Medical Cards

Tony McLoughlin

Question:

595 Deputy Tony McLoughlin asked the Minister for Health the position regarding a medical card application in respect of a person (details supplied) in County Sligo; and if he will make a statement on the matter. [4999/12]

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

Hospital Services

Gerry Adams

Question:

596 Deputy Gerry Adams asked the Minister for Health if he will provide a list of each outpatient department clinic held in Louth County Hospital, Dundalk; the number of patients waiting to be seen at each clinic; and if he will make a statement on the matter. [5002/12]

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

Gerry Adams

Question:

597 Deputy Gerry Adams asked the Minister for Health the number of long-stay and respite beds in hospitals (details supplied); the number of patients who received respite care in each of these hospitals in 2011; and if he will make a statement on the matter. [5003/12]

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

Health Service Staff

Gerry Adams

Question:

598 Deputy Gerry Adams asked the Minister for Health the number of public health nurses employed in the Louth area; and if he will make a statement on the matter. [5004/12]

As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Hospital Accommodation

Gerry Adams

Question:

599 Deputy Gerry Adams asked the Minister for Health the procedures in place for assessing hospital equipment and deciding whether beds are unsuitable for continued use, and for the disposal of this equipment; if it is permissible for an official in the Health Service Executive to make a verbal agreement to a verbal request from a member of the public to remove hospital beds from a hospital; and if he will make a statement on the matter. [5005/12]

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

Home Help Services

Gerry Adams

Question:

600 Deputy Gerry Adams asked the Minister for Health the number of home help hours provided to clients in the Louth area in 2009, 2010 and 2011; and if he will make a statement on the matter. [5006/12]

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

Hospital Services

Gerry Adams

Question:

601 Deputy Gerry Adams asked the Minister for Health the amount of finance that was made available by the special delivery unit of the Health Service Executive to alleviate pressures on Our Lady of Lourdes Hospital, Drogheda, County Louth; if his attention has been drawn to the fact that the medical ward in Louth County Hospital, Dundalk, which was reopened under the SDU measures, has been closed since December 2011 due to staffing shortages; and if he will make a statement on the matter. [5007/12]

The health sector is facing significant funding challenges this year because of the economic crisis and the need to put public finances on a sustainable basis.

However as Minister for Health I am determined that the impact on services must be minimised by relentless performance management, by best practice and by reform in how services are delivered. This will apply in all settings and services and for those delivering those services.

Towards the end of 2011 Our Lady of Lourdes Hospital (OLOL) in Drogheda was identified as one of eight hospitals that required very high support by the Special Delivery Unit (SDU) in relation to trolley waits. Based on proposals received from the hospital I agreed that additional funding would be provided, on a strictly once off basis, to help reduce ED waiting times over November and December 2011. The funding was to provide for initiatives which would help address issues such as delayed discharges which have a significant impact on the numbers of patients waiting on trolleys. This was done on the basis that the hospital/HSE would continue any measures necessary to alleviate trolley waits in January.

Some €725,000 was approved in respect of Our Lady of Lourdes to address trolley waits at the hospital and to implement the various initiatives that had been identified as being key to alleviating the conditions in the emergency department at the hospital over the period.

These measures included:

Extending the Medical Assessment Unit service opening hours in OLOL.

Opening additional beds in OLOL.

Various measures for early assisted discharge for medically fit patients including privately provided interim care, the provision of home IVs, and additional aids and appliances.

Assisted discharge packages and extension of community rehabilitation team.

In addition the initiative included the temporary provision of interim/stepdown beds in Louth County Hospital. This involved a medical ward at Louth County Hospital being opened on a temporary basis to cater for clinically discharged patients from Our Lady of Lourdes. Over the Christmas period, due to the number of patients going home for short periods, this and other wards were reconfigured to ensure the best use of resources. Since then due to a reduction in the number of clinically discharged patients requiring this service, and the unavailability of agency staff the temporary beds concerned have not reopened.

Over €4.8m was made available to 16 hospitals throughout the country for specific planned outcomes. The SDU established a process of collecting numbers waiting on trolleys in each Hospital ED on a daily basis at three specific times and rating each hospital as Green, Amber or Red. To date, the initiative has worked well nationally with trolley numbers significantly down on the same period last year. The systems remains in a state of high alert to ensure that overall capacity,that is both surgical and medical capacity is carefully managed. The SDU Liaison Officer is continuing to work with Our Lady of Lourdes on these issues.

I would also like to advise the Deputy that OLOL was successful in achieving the objective of having no one waiting over 12 months for inpatient or day case surgery by December 31st 2011. Forty one hospitals reached this target with only two hospitals not achieving it. This work will continue in 2012 to both maintain the 12 month maximum waiting time and to further reduce waiting times by the end of 2012.

Gerry Adams

Question:

602 Deputy Gerry Adams asked the Minister for Health if post mortems are being conducted at Our Lady of Lourdes Hospital, Drogheda, County Louth; if there has been recent change in the way these are conducted; and if he will make a statement on the matter. [5008/12]

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

Departmental Staff

Gerry Adams

Question:

603 Deputy Gerry Adams asked the Minister for Health the salaries and allowances paid to his private secretary and to the Secretary General of his Department; and if he will make a statement on the matter. [5030/12]

The information requested by the Deputy is detailed below:

Title

Salary

Allowance

Secretary General

€200,000*

N/A

Minister’s Private Secretary

€43,816 —€55,415

€19,652.47

*The officially approved salary rate for this position is €215,590, but €200,000 is the amount paid to the Secretary General after a voluntary surrender of €15,590.

Salaries and Allowances are centrally determined by the Department of Public Expenditure and Reform.

Appointments to State Boards

Gerry Adams

Question:

604 Deputy Gerry Adams asked the Minister for Health if he will provide a breakdown of the number of appointments that have been made to State boards by him since he came to office including the names of the appointees and the boards they have been appointed to; the number of these appointments that have been made using new procedures involving the advertising of such posts on his Department’s websites and the interview of the chairperson of boards by Oireachtas committee; if he will highlight situations where this process has not occurred; and the reason it has not occurred in each case. [5046/12]

I recently advertised vacancies on the Board of the VHI through my Department's website, but as yet have not filled any of the positions. Since my appointment on 9 March 2011, the following table outlines the board appointments I have made using the old procedures.

Board

Member

Position

Appointed

Pre-Hospital Emergency Care Council

Maureen Cronin

Ordinary Member

20/04/2011

Health Service Executive

Brian Gilroy

Ordinary Member

20/05/2011

Health Service Executive

Laverne McGuinness

Ordinary Member

20/05/2011

Health Service Executive

Philip Crowley

Ordinary Member

20/05/2011

Health Service Executive

Barry White

Ordinary Member

20/05/2011

Health Service Executive

Bairbre Nic Aongusa

Ordinary Member

20/05/2011

Health Service Executive

Paul Barron

Ordinary Member

20/05/2011

Health Service Executive

Tony Holohan

Ordinary Member

20/05/2011

Health Service Executive

Michael Scanlan

Ordinary Member

20/05/2011

National Haemophilia Council

Ann Grogan

Ordinary Member

23/05/2011

National Haemophilia Council

Deborah Greene

Ordinary Member

23/05/2011

Health Service Executive

Martin Connor

Ordinary Member

06/06/2011

Pharmaceutical Society of Ireland Council

Catriona O’Driscoll

Ordinary Member

15/06/2011

Pharmaceutical Society of Ireland Council

Michael Barry

Ordinary Member

15/06/2011

Pharmaceutical Society of Ireland Council

Leonie Clarke

Ordinary Member

15/06/2011

Pharmaceutical Society of Ireland Council

Jean Holohan

Ordinary Member

15/06/2011

Pharmaceutical Society of Ireland Council

Ciaran O’Boyle

Ordinary Member

15/06/2011

Pharmaceutical Society of Ireland Council

Fionan O’Cuinneagain

Ordinary Member

15/06/2011

Pharmaceutical Society of Ireland Council

Kenneth McDonald

Ordinary Member

15/06/2011

Pharmaceutical Society of Ireland Council

Keith O’Hourihane

Ordinary Member

15/06/2011

Pharmaceutical Society of Ireland Council

John David Corr

Ordinary Member

15/06/2011

Pharmaceutical Society of Ireland Council

Ignatius Noel Stenson

Ordinary Member

15/06/2011

National Haemophilia Council

Barry Harrington

Chairperson

19/07/2011

National Haemophilia Council

Mary Jackson

Ordinary Member

22/07/2011

Hepatitis C and HIV Compensation Tribunal

Kathryn Hutton

Ordinary Member

01/08/2011

National Cancer Registry Board

Anna Gavin

Ordinary Member

06/08/2011

National Cancer Registry Board

Donal Hollywood

Ordinary Member

06/08/2011

National Cancer Registry Board

Deirdre Murray

Ordinary Member

06/08/2011

National Cancer Registry Board

Mary Jackson

Ordinary Member

06/08/2011

National Cancer Registry Board

John McCormack

Ordinary Member

06/08/2011

National Cancer Registry Board

Paul Redmond

Ordinary Member

06/08/2011

National Cancer Registry Board

Tony O’Brien

Chairperson

06/08/2011

Pharmaceutical Society of Ireland Council

Fachtna Murphy

Ordinary Member

26/09/2011

Medical Council

Michael Ryan

Ordinary Member

04/10/2011

Medical Council

Marie Kehoe

Ordinary Member

04/10/2011

Irish Medicines Board

Professor Mary Horgan

Ordinary Member

19/10/2011

Irish Blood Transfusion Service

Dr Lelia Thornton

Ordinary Member

19/10/2011

Health and Social Care Professionals Council

Professor Muiris Fitzgerald

Ordinary Member

24/11/2011

Health and Social Care Professionals Council

Martin Higgins

Ordinary Member

24/11/2011

Health and Social Care Professionals Council

Pat Quinlan

Ordinary Member

24/11/2011

Health and Social Care Professionals Council

Kristin Quinn

Ordinary Member

24/11/2011

Health and Social Care Professionals Council

Jenny Bulbulia

Ordinary Member

24/11/2011

Tallaght Hospital Board

Peter Byrne

Ordinary Member

21/12/2011

Tallaght Hospital Board

Tom O’Higgins

Ordinary Member

21/12/2011

Tallaght Hospital Board

Sir Keith Pearson

Chairperson

14/12/2011

Tallaght Hospital Board

Archdeacon David Pierpoint

Ordinary Member

21/12/2011

Tallaght Hospital Board

Professor Peter Prendergast

Ordinary Member

21/12/2011

Health Service Executive

Michael Scanlan

Chairperson

01/01/2012

Tallaght Hospital Board

Professor Richard Reilly

Ordinary Member

18/01/2012

Mental Health Services

Dan Neville

Question:

605 Deputy Dan Neville asked the Minister for Health the number of children admitted to adult psychiatric units in 2011. [5058/12]

Final data for 2011 is not yet available; however provisional data from the Mental Health Commission indicates that 129 notifications of underage admissions to adult approved centres were received last year.

Departmental Staff

Mary Lou McDonald

Question:

606 Deputy Mary Lou McDonald asked the Minister for Health the number of retired public servants that have been rehired by him, or rehired by State agencies under his aegis. [5071/12]

No retired staff have been rehired by my Department since I became Minister for Health.

It was a specific condition of the 2010 Voluntary Early Retirement (VER) scheme that persons availing of the scheme would not be eligible for re-employment in the public health sectoror in the wider public service or in a body wholly or mainly funded from public moneys. The same prohibition on re-employment applied under the Voluntary Redundancy (VR) scheme also, except that the prohibition will be for a period of seven years, after which time any re-employment will require the approval of the Minister for Finance (now the Minister for Public Expenditure and Reform). These provisions also apply in the case of re-engagement on a contract for service.

In order to ensure compliance with the provisions of the form of acceptance, public service employers must inquire of relevant future job applicants if they have availed of the terms of either of these schemes and adhere to the conditions outlined above.

In relation to a person who retired upon reaching retirement age, or retired early preserving pension benefits, there are no restrictions upon them applying for a position through normal recruitment/selection procedures. There are, however, provisions in most public service pension schemes to ensure that the combined earnings (pension plus pay) of a retired public servant who takes up public service employment, does not exceed the remuneration which they would have received had they remained in the former employment. This is known as abatement of pension.

Information relating to any rehiring of former public servants by the health service in 2011 will not be available until late February/early March and will be supplied direct to the Deputy (by the HSE) as soon as it is available.

The information concerning the State agencies under the aegis of my Department is being collated and will be forwarded to the Deputy as soon as possible.

Health Services

Sandra McLellan

Question:

607 Deputy Sandra McLellan asked the Minister for Health if he will support the request for a medical assessment in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [5079/12]

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

Gerry Adams

Question:

608 Deputy Gerry Adams asked the Minister for Health the reasons that persons who contracted hepatitis from contaminated products after 2007 do not qualify for the supports made available, despite the fact that they continue to suffer with ongoing illness while many other persons tested negative yet are also excluded form the scheme; and if he will make a statement on the matter. [5091/12]

I presume that the Deputy's question relates to the women who received Anti-D in the periods 1977-1979 and also 1991-1994, when some batches of these blood products were contaminated, but who have tested negative for the Hepatitis C virus.

Under the Health Amendment Act (No. 15 of 1996) the Health Amendment Act (HAA) Card is given to men, women and children who contracted Hepatitis C from the administration within the State of blood or blood products. The HAA Card gives entitlements to additional health and social services, on more flexible terms and conditions than the medical card. The HAA Card and the entitlements under it are for the lifetime of the cardholder.

The entitlement of an individual to a Health Amendment (HAA) Card and services under the Health (Amendment) Act, l996 rests with the Chief Executive Officer of the Health Service Executive. The Chief Executive Officer is bound by the definition of eligibility in the Hepatitis C Compensation Tribunal (Amendment) Act 2006, which requires a positive diagnostic test for applications received by the Tribunal after the specified date of 20 June, 2006.

In respect of persons who made an application before that date, the Chief Executive Officer is still obliged to be satisfied that the applicant was infected with Hepatitis C. In that regard, the Chief Executive also takes account of any relevant decision of the Hepatitis C and HIV Compensation Tribunal, on the basis that the Tribunal arrives at its decisions after careful consideration of available evidence and expert testimony.

A great deal of consideration has been given to the issue of women who have neither tested positive for Hepatitis C, nor had a positive Tribunal decision in their favour. While a number of these women who have tested negative for Hepatitis C have had, and may continue to have, a variety of symptoms, there is no scientific proof that the symptoms are specific evidence of Hepatitis C infection. Some symptoms of Hepatitis C, such as fatigue, fibromyalgia and depression, are common conditions that occur in the general population. It is estimated that up to 16,000 women were exposed to potentially infectious batches of Anti-D and approximately 1,000 of these women were infected with Hepatitis C.

Taking account of international practice and the rationale which led to the clarification of the Hepatitis C Compensation Tribunal eligibility requirements in 2006, while I am sympathetic to the women in question, I am satisfied that the present arrangements are fair and reasonable.

Hospital Services

Caoimhghín Ó Caoláin

Question:

609 Deputy Caoimhghín Ó Caoláin asked the Minister for Health if his attention has been drawn to the extensive cuts in services proposed by the Health Service Executive for Waterford Regional Hospital, including the closing of three theatres and the reduction of inpatient care by 5% — 200 patients — and 10% in day cases — 2000 patients; his plans to prevent such cuts in services; and if he will make a statement on the matter. [5101/12]

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

Caoimhghín Ó Caoláin

Question:

610 Deputy Caoimhghín Ó Caoláin asked the Minister for Health if it is the case that the critical care unit at the Mid-Western Regional Hospital, Limerick, the construction of which is near completion, will not now be operational when the building is opened, due to financial restraints; and if he will make a statement on the matter. [5102/12]

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

Nursing Home Services

Caoimhghín Ó Caoláin

Question:

611 Deputy Caoimhghín Ó Caoláin asked the Minister for Health if he will work with the Health Service Executive to ensure the future of St Conlon’s Nursing Home, Nenagh, County Tipperary, including putting in place measures to allow this home to operate to its full capacity of 33 beds; and if he will make a statement on the matter. [5103/12]

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

Departmental Reports

Dara Calleary

Question:

612 Deputy Dara Calleary asked the Minister for Health the reason the Health Service Executive commissioned a report to critically appraise a report on excise carried out by the Revenue Commissioners; the amount the HSE report cost; and, in view of the fact that there are inaccuracies about excise figures in the letter to him accompanying the report, his views on whether the HSE report and letter represent money and resources well spent on the taxpayers’ behalf. [5106/12]

The Health Service Executive has a range of statutory functions related to tobacco control including undertaking, sponsoring or commissioning, or providing financial or other assistance for research aimed at identifying measures that when adopted, are likely to reduce the incidence of smoking or its effects. Accordingly, I have referred the matter to the HSE for direct reply.

Health Services

Billy Timmins

Question:

613 Deputy Billy Timmins asked the Minister for Health the position regarding an appointment in respect of a person (details supplied) in County Wicklow; and if he will make a statement on the matter. [5112/12]

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 day case 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.

Seán Ó Fearghaíl

Question:

614 Deputy Seán Ó Fearghaíl asked the Minister for Health when an appointment will be made for urgent surgical intervention in the case of a person (details supplied) in County Kildare, whose condition has deteriorated since last reviewed; and if he will make a statement on the matter. [5120/12]

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 day case 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.

Medical Cards

Eric J. Byrne

Question:

615 Deputy Eric Byrne asked the Minister for Health when a renewal form will issue to a person (details supplied) in Dublin 12; and the estimated time of completion of a review following the submission of the renewal form. [5128/12]

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

Mary Lou McDonald

Question:

616 Deputy Mary Lou McDonald asked the Minister for Health the reason a person (details supplied) in Dublin 4, who is suffering from epilepsy, encephalitis and rheumatoid arthritis, is on permanent medication, has a learning difficulty and is in receipt of a social welfare payment, has been refused a medical card. [5158/12]

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

Health Service Staff

Michelle Mulherin

Question:

617 Deputy Michelle Mulherin asked the Minister for Health the plans he has to lift the ban on recruitment of front-line staff in the health service and in particular the scenario or circumstances that will prompt him to so act. [5166/12]

The Government is committed to a reduction in public service numbers to 282,500 by 2015. This represents a reduction of 37,500, or 12% of staff, compared to 2008 levels. The health service must make an appropriate contribution to this reduction. The National Service Plan 2012 sets out the level of reduction required in the current year. The Plan provides for all possible steps to minimise the effect of staffing reductions on services. These include pursuing to the maximum the flexibility and reform agenda provided for in the Public Service Agreement. In particular, it is essential that we bring about change in relation to rostering (especially of nursing and medical staff), skill-mix, a reduction in the use of agency staff and the continued implementation of the HSE's clinical programmes.

The current Employment Control Framework for the health sector gives the HSE some flexibility in relation to filling posts in order to protect frontline services in so far as possible while still achieving the required targets. In addition, the Public Service Agreement allows the HSE to redeploy staff based on service need. Nevertheless, the overall target reduction in numbers must be met, which will undoubtedly pose a significant challenge.

Public Procurement

Brendan Griffin

Question:

618 Deputy Brendan Griffin asked the Minister for Health the amount paid by the Exchequer in respect of Health Service Executive procurement processes per annum; if he is satisfied that the current processes represent value for money; his views that there is scope for savings in relation to procurement for smaller purchases — for example, less than €20,000; and if he will make a statement on the matter. [5209/12]

The Programme for Government contains a commitment to reform public procurement. In addition, the recently published Public Service Reform Plan addresses reform of public procurement processes, reducing costs, addressing duplication and eliminating waste.

HSE procurement includes all of the activities involved between the identification of a requirement for goods or services through to acquisition. The Executive has introduced a Single National Procurement Operating Model to support and deliver procurement. This integrated model has:

Been a key enabler in maximising purchasing power in the market place and achieving best value for money;

Facilitated more efficient operations in terms of standardised processes and reduced duplication of effort, thereby reducing the time and effort spent on transactional processing;

Improved business intelligence and reporting: Improving quality and timeliness of information, thus placing greater emphasis on reporting and business decision support;

Improved compliance and control: Greater transparency in the use of public funds, leading to better value for money;

Introduced management of stock at point of use — this is where procurement staff have become involved in management of stock, for example, at ward level. As part of the consolidation exercise procurement staff will be available and trained to manage stock at point of use on behalf of our customer base. The Point of Use concept is now being aggressively progressed. During 2011, it has been rolled out in a number of high tech clinical areas resulting in:—

30% stock reduction (approx).

7% reduction in demand (approx).

Clinical staff freed up to focus on frontline services.

A Framework Agreement in relation to Managed Services for Aids and Appliances is now in place.

In addition the HSE works closely with the National Procurement Services and the Steering Group for Reform to progress Value for Money Initiatives across the Public Sector. During 2011 HSE Procurement achieved savings in excess of €74m. Efficiencies and value delivered across HSE Procurement were against a backdrop of a 4.6% decrease in staffing levels.

In respect of purchases under the value of €20,000, the threshold laid down within the Financial Regulations apply, that is, three quotations would be sought from the supply base to ensure value is being achieved in respect of these purchases.

The HSE continues to engage with suppliers to ensure they understand how to do business with HSE and to ensure that HSE maximises competition available. During 2011 in excess of 500 engagements took place and in addition there were also a number of high level engagements.

I expect that the Executive will continue with its efforts to achieve value for money and the generation of savings during 2012.

The Deputy's question on the amount paid in respect of Health Service Executive procurement processes per year has been referred to the executive for direct reply.

Primary Care Strategy

Brendan Griffin

Question:

619 Deputy Brendan Griffin asked the Minister for Health if he will provide details of his plans for the delivery of primary care; if he envisages a greater role for screening and identification of high-risk patients; how he plans to achieve this; and if he will make a statement on the matter. [5210/12]

This Government is committed to introducing a better and more efficient health system, a single-tier health service that will deliver equal access to care based on need, not income. The development of primary care services is an essential component of the health service reform process. In a developed primary care system, up to 95 per cent of people's day-to-day health and social care needs can be met in the primary care setting.

Primary Care Teams are being developed, which will give people direct access to integrated multi-disciplinary teams of general practitioners, nurses, physiotherapists, occupational therapists and others. Additional services such as Speech and Language Therapy may be provided on a sessional basis. There are currently 425 Primary Care Teams in place, albeit at varying stages of development. The HSE has committed in its Service Plan to having 489 operational teams in place by the end of this year.

Each Primary Care Team will be supported by a wider range of professionals, including pharmacists, dieticians, psychologists and chiropodists who will form a Health and Social Care Network. The vast majority of specialist based services will be organised at this level, e.g. Mental Health Community Team, Child Protection, etc.

Primary Care Teams will also create an environment which enables, structured approaches to chronic disease management, enhanced multi-disciplinary team working, improved diagnostic capabilities in Primary Care and the integration of services between primary and secondary care. The HSE Service Plan also commits the HSE to commencing a national roll out of chronic disease management for diabetes during 2012 and that it will also progress preparations for the roll out of similar initiatives in relation to other chronic diseases, including stroke, asthma and heart failure.

A key commitment in the Programme for Government and a fundamental element in the health reform process involves universal primary care with removal of cost as a barrier to access for patients. This commitment will be achieved on a phased basis to allow for the recruitment of additional doctors, nurses and other primary care professionals. Access to primary care without fees will be extended on a phased basis over the life of this Government. Initially, free GP cover will be extended to persons in receipt of drugs and medicines under the Long-Term Illness Scheme. Primary legislation is required to give effect to this commitment. It is expected that the new arrangements will be in place by this Summer. I have established the Universal Primary Care Project Team, which has been tasked with working through the issues relating to this commitment. The Project Team held its first meeting on 24 January.

A further element of the reform process will see the appointment of a number of directors at national level within the HSE, one of which will have responsibility for Primary Care. This will reflect the need for greater operational management focus on the delivery of key services; and greater transparency about funding, service delivery and accountability.

I will also ensure that a ring-fenced primary care budget is put in place. This will facilitate people in receiving a comprehensive health service in the community, which will in turn facilitate earlier identification of conditions and will give people a much better chance of recovery.

Brendan Griffin

Question:

620 Deputy Brendan Griffin asked the Minister for Health the measures that are being taken by him to ensure that primary care equipment is fit for purpose, regularly serviced and correctly calibrated; and if he will make a statement on the matter. [5212/12]

The Health Service Executive procurement division is responsible for coordinating the equipping of all capital projects, including primary care centres. The HSE has established multi-disciplinary evaluation teams to assist in specifying equipment requirements in ensuring compliance with all appropriate standards and to assist in the evaluation of tenders received for equipment. This ensures that all equipment purchased is fit for purpose and procured at the most economical terms. The HSE has a Medical Devices/Equipment Management Policy to ensure the medical devices/equipment are managed in a way which complies with requirements of regulations and best practice. The policy is available to view on the HSE website at www.hse.ie.

General Practitioner Services

Brendan Griffin

Question:

621 Deputy Brendan Griffin asked the Minister for Health his views on a matter (details supplied) regarding a general practitioner centre; and if he will make a statement on the matter. [5218/12]

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

Medical Cards

Brendan Griffin

Question:

622 Deputy Brendan Griffin asked the Minister for Health the position regarding a medical card in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [5219/12]

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

John O'Mahony

Question:

623 Deputy John O’Mahony asked the Minister for Health when a person (details supplied) in County Mayo will receive a decision on their application for a medical card; and if he will make a statement on the matter. [5229/12]

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

Hospital Services

Ciaran Lynch

Question:

624 Deputy Ciarán Lynch asked the Minister for Health when a person (details supplied) in County Cork who is awaiting orthopaedic surgery at Cork University Hospital may expect to be treated; and if he will make a statement on the matter. [5278/12]

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 day case 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.

Medical Cards

Joanna Tuffy

Question:

625 Deputy Joanna Tuffy asked the Minister for Health, further to Parliamentary Question No. 268 of 22 September 2011, when a reply will issue from the Health Service Executive; and if he will make a statement on the matter. [5279/12]

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

Sandra McLellan

Question:

626 Deputy Sandra McLellan asked the Minister for Health the reason a student (details supplied) in County Cork who suffers from a number of illnesses has not been given a medical card when the family sent on further information requested in November 2011; and if he will make a statement on the matter. [5350/12]

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

Health Services

Dessie Ellis

Question:

627 Deputy Dessie Ellis asked the Minister for Health the position regarding the future of the Woodlands, Silver Birch and Sycamore Units in James Connolly Hospital, Blanchardstown, Dublin; if there are plans to close these services; and if he will make a statement on the matter. [5356/12]

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

Hospital Services

Dessie Ellis

Question:

628 Deputy Dessie Ellis asked the Minister for Health the future of dementia and elderly inpatient and outpatient services in James Connolly Hospital, Blanchardstown; and if he will make a statement on the matter. [5357/12]

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

Private Health Insurance

Billy Kelleher

Question:

629 Deputy Billy Kelleher asked the Minister for Health the basis for his decision not to regulate the VHI until the end of 2013; the reason it is not possible to do so at a much earlier date; if Ireland will face any sanctions from the European Commission for its failure to do so; and if he will make a statement on the matter. [5409/12]

The Government has decided, on foot of my recommendations, that the VHI should make an application for authorisation by the Central Bank, subject to further Government decisions to be made relating to capitalisation, once the level of its capital shortfall is clarified. The VHI has been working for some time in preparation for this.

As the Deputy will be aware, the European Commission took a case against the State regarding the VHI's derogation from the EU Non-Life Directives which had exempted it from the requirement to be authorised by the Central Bank. The Court of Justice of the European Union ruled against the State on 29 September last. VHI's regulatory status is bound up in a range of issues relating to the private health insurance market which I have been addressing over the past number of months. In order to be considered for authorisation by the Central Bank, VHI will need to present a sustainable business plan. Due to the current imbalance of the community rated private health insurance market, where the vast majority of claims are paid out by the VHI, the market requires an effective scheme of risk equalisation to address that imbalance. Work is ongoing in my Department to legislate for such an effective, robust and permanent scheme in the coming months, following the Government's recent agreement to my proposals in that regard. The new scheme will need to be cleared at EU level in relation to State Aid rules. In the meantime, on foot of recommendations of the Health Insurance Authority following its analysis of the market, the level of age-related tax credits payable in 2012 in respect of customers over the age of 60 has been significantly increased.

Following the Court of Justice judgment, the Government made decisions on how best to address the Court's findings. The Governments plans and a realistic timetable were outlined to the European Commission on 9 December last. Resolution of the issues will involve a number of steps. The timescale for some of these steps is outside of the State's control and will depend on the time it takes for decisions to be made by the European Commission itself regarding State Aid issues, as well as by the Central Bank.

Once it is clear, following the analysis of the Central Bank and the European Commission, what additional capital the VHI would require in order to secure authorisation and to satisfy any State Aid implications which may arise, the Government will consider the matter and make further decisions in that regard.

It is clear that all of these actions must be undertaken in an orderly and efficient manner but that this will take time. The timescale outlined to the European Commission is intended to allow for these issues to be addressed in such an orderly and efficient way. Officials from my Department remain in contact with the European Commission on an ongoing basis and will work to satisfy the Commission's concerns and to advance the resolution of the regulatory status of the VHI as quickly as possible.

Billy Kelleher

Question:

630 Deputy Billy Kelleher asked the Minister for Health if he has any concerns that private health insurance policyholders, particularly vulnerable subscribers, may be exposed by the fact that the consumer protection code does not apply to the VHI; the steps he will take to remedy this situation; if he supports having the code apply to the VHI in advance of full regulation of the VHI; and if he will make a statement on the matter. [5410/12]

The VHI has voluntarily committed itself to implementing the requirements of the Consumer Protection Code over the past number of years. Subscribers can be assured that VHI is committed to satisfying the Central Bank of its ongoing compliance with the Consumer Protection Code. This forms part of the steps the VHI is taking in the context of the application which it is currently preparing for authorisation by the Central Bank.

In addition to the Code, the VHI is working to satisfy a range of other qualitative issues which the Central Bank requires from any authorised entity.

Billy Kelleher

Question:

631 Deputy Billy Kelleher asked the Minister for Health if he will provide an update on the health insurance consultative forum which he announced in late December 2011; if he will outline the membership of this forum; the number of meetings the forum has held to date; the terms of reference and work programme of this forum; when this forum will complete its work and report to him; if its findings will be published; and if he will make a statement on the matter. [5411/12]

I recently announced the agreement reached with the country's main health insurers to establish a Health Insurance Consultative Forum to tackle issues of mutual concern. The purpose of this Forum is twofold.

Firstly, the Forum will provide the opportunity for participating parties to examine how costs in the health insurance sector can be reduced and how savings can be achieved in terms of services provided by both public and private hospitals. Secondly, the Forum will also facilitate participating parties to consider certain issues related to the implementation of Universal Health Insurance (UHI). The future delivery of health services under UHI will require competing insurance companies driving efficient, cost effective delivery of high quality health care. The Forum will allow the insurance companies consult with my Department on many significant changes on the road to the full implementation of UHI.

Details on the membership and terms of reference for the Forum are currently being considered and I will announce these in due course.

Billy Kelleher

Question:

632 Deputy Billy Kelleher asked the Minister for Health if he will provide an update on the working group on universal health insurance which he announced in September 2011; the membership of this group; the number of times this group has met to date; when this group will conclude its work; when it will report to him; if its findings will be published; and if he will make a statement on the matter. [5412/12]

The Government is committed to fundamental reform of the health system. This will see the delivery of a single-tier health service, supported by universal health insurance, which will ensure equal access to care based on need, not income. The universal health insurance system will be based on the principle of social solidarity. Every citizen will have a choice of insurer and will have equal access to a comprehensive range of curative services.

Key features of the reform programme which will underpin the introduction of universal health insurance include:

the strengthening of primary care services to deliver universal primary care with the removal of cost as a barrier to access for patients,

the work of the Special Delivery Unit in tackling waiting times,

the introduction of a more transparent and efficient "Money Follows the Patient" funding mechanism for hospitals, and

the introduction of a purchaser / provider split, whereby hospitals will be established as independent, not for profit trusts.

In order to assist in developing detailed and costed implementation proposals for universal health insurance and to help drive the implementation of various elements of the reform programme, the Government has approved the establishment of, and the terms of reference for, an Implementation Group on Universal Health Insurance. I am currently finalising details of the Implementation Group, including its composition and timeframe for reporting, and I will announce these very shortly.

Billy Kelleher

Question:

633 Deputy Billy Kelleher asked the Minister for Health when he intends to introduce revised minimum benefits regulations; and if he will make a statement on the matter. [5413/12]

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 were introduced in 1996, under Section 10 of the Health Insurance Act, 1994 and cover in-patient, out-patient and day-patient services provided by publicly funded hospitals, private hospitals, registered nursing home and hospital consultants.

As the Regulations were drafted in 1996, they require updating in terms of the monetary amounts and some medical and surgical practices specified therein. The consumer price index, health cost inflation for hospital services and hospital charges have all increased significantly from that time. In addition, there have been significant changes in some medical and surgical practices in the last number of years.

Consequently, the Minimum Benefit Regulations need to be reviewed in order to reflect changes in medical practice as well as changes to the costs of health services. It is intended that the current regulations will be examined over the coming months as part of the overall strategy to address issues in the private health insurance market, leading in to the introduction of Universal Health Insurance.

Medical Cards

Dara Murphy

Question:

634 Deputy Dara Murphy asked the Minister for Health when proposals allowing medical card holders to use multiple general practitioners to avail of medical services will be implemented; and if he will make a statement on the matter. [5415/12]

The General Medical Services (GMS) Scheme allows GMS patients (medical card and GP visit card holders) to choose their GP from a list of locally based contracted doctors, or GMS patients may be assigned to a GP contractor's panel in certain circumstances specified in the contract. The purpose of a GMS patient either choosing or being assigned to one GP is to ensure continuity of care.

The GMS contract also provides that a patient who is a "temporary resident" in another area of the State may obtain a service from an available GMS contractor holder in that area in an emergency.

There are approximately 2,600 GPs in active practice, of which almost 2,300 hold a contract with the HSE for the provision of services under the GMS Scheme to medical card and GP visit card patients.The EU/IMF Programme of Financial Support provides for the introduction of legislation to remove restrictions on GPs wishing to treat public patients under the GMS Scheme.The Health (Provision of General Practitioner Services) Bill, which has just passed through the Dáil and is due in the Seanad in early February, will eliminate current restrictions on fully qualified and trained GPs wishing to obtain contracts to treat public patients under the GMS contract and will empower the Minister for Health to set entry terms based on public health and public interest considerations.This legislation will result in medical card and GP visit card patients having a greater choice of GPs under the GMS Scheme.It will also help to ensure that private patients of new GP contract holders who qualify for a medical card or GP visit card will not have to change their GP.

Medical Aids and Appliances

Michelle Mulherin

Question:

635 Deputy Michelle Mulherin asked the Minister for Health the position regarding a motorised transport application in respect of a person (details supplied) in County Mayo; and if same can be expedited. [5419/12]

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

Medical Cards

Jack Wall

Question:

636 Deputy Jack Wall asked the Minister for Health if persons suffering from motor neuron disease are automatically entitled to a medical card; and if he will make a statement on the matter. [5436/12]

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

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

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

Jack Wall

Question:

637 Deputy Jack Wall asked the Minister for Health the position regarding a medical card application in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [5439/12]

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

European Council Meetings

Patrick O'Donovan

Question:

638 Deputy Patrick O’Donovan asked the Minister for Health the EU Council of Ministers on which he sits; the number of meetings of that Council that have been held between 2007 and 2011; the number of those meetings that he attended; the number that were attended by the relevant Minister of State; the number that were attended by an Irish official; if he will provide the names of those who attended in tabular form. [5470/12]

These Councils are normally held twice a year over two days, with health items being dealt with on one of these days. The attendance information requested by the Deputy is set out in the following table:

Date and meeting

Venue

Head of Delegation

Council of Ministers meeting 1st & 2nd December 2011

Brussels

Minister James Reilly

Council of Ministers meeting 6th June 2011

Luxembourg

Ms Geraldine Byrne Mason (Deputy Permanent Representative)

Councils of Minsters meeting 6th & 7th December 2010

Brussels

Ms Geraldine Byrne Mason (Deputy Permanent Representative)

Council of Ministers meeting 7th & 8th June 2010

Luxembourg

Ms Geraldine Byrne Mason (Deputy Permanent Representative)

Council of Ministers meeting 30th November & 1st December 2009

Brussels

Minister Mary Harney

Council of Ministers meeting 8th & 9th June 2009

Luxembourg

Minister Mary Harney

Special Council of Ministers meeting re Swine Flu 30th April 2009

Luxembourg

Minister Mary Harney

Council of Ministers meeting 16th & 18th December 2008

Brussels

Minister Maire Hoctor, Minister of State at the Department of Health & Children

Council of Ministers meeting 9th & 10th June 2008

Luxembourg

Minister Mary Harney

Council of Ministers meeting 5th & 6th December 2007

Brussels

Minister Pat the Cope Gallagher, Minister of State of State at the Department of Health and Children

Council of Minister meeting 30th & 31st May 2007

Luxembourg

Mr Kenneth Thompson (Deputy Permanent Representative)

Medical Cards

Seán Kyne

Question:

639 Deputy Seán Kyne asked the Minister for Health if he will indicate when the measure to extend medical card provision to persons on the long term illness scheme, as announced by budget 2012, will be introduced. [5488/12]

Simon Harris

Question:

651 Deputy Simon Harris asked the Minister for Health when exactly free general practitioner care will be extended to all claimants of medicines under the long term illness scheme as per the Minister for Finance’s announcement in budget 2012; and if he will make a statement on the matter. [5600/12]

I propose to take Questions Nos. 639 and 651 together.

Free GP care, not medical cards, will be extended to persons in receipt of drugs and medicines under the Long Term Illness Scheme. Primary legislation is required to give effect to this commitment. There will be an announcement in due course about the start date for the new arrangements. It is hoped that the new arrangements will be in place by early summer.

Health Service Staff

Derek Nolan

Question:

640 Deputy Derek Nolan asked the Minister for Health if he will address the absence of public health nurses in remote areas (details supplied), in view of the moratorium on recruitment in the Health Service Executive; if he has considered the impact of the loss of such a service on older persons, persons with disabilities and young mothers; and if he will make a statement on the matter. [5501/12]

As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Dominic Hannigan

Question:

641 Deputy Dominic Hannigan asked the Minister for Health the number of mammographers recruited in the six months between July 2011 and December 2011 in Health Service Executive west hospitals; the hospitals to which they were assigned; and if he will make a statement on the matter. [5504/12]

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

Medical Cards

John McGuinness

Question:

642 Deputy John McGuinness asked the Minister for Health if a medical card will be issued to a person (details supplied) in County Kilkenny; and if he will expedite the application. [5525/12]

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

John McGuinness

Question:

643 Deputy John McGuinness asked the Minister for Health if the medical cards issued to persons (details supplied) in County Kilkenny are valid up to 2013; the reason GP visit cards were also issued; if he will ensure that the full medical cards remain valid in view of the particular medical circumstances of the case; and if he will expedite a response. [5534/12]

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

Hospital Services

Brendan Griffin

Question:

644 Deputy Brendan Griffin asked the Minister for Health the position regarding the provision of a rheumatologist for Kerry General Hospital; and if he will make a statement on the matter. [5538/12]

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

Denis Naughten

Question:

645 Deputy Denis Naughten asked the Minister for Health, further to Parliamentary Question No. 136 of 26 October 2011, when children will be treated at the urgent care centre in Roscommon County Hospital; and if he will make a statement on the matter. [5540/12]

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

Denis Naughten

Question:

646 Deputy Denis Naughten asked the Minister for Health the projected activity level and budget in the 2012 service plan of each acute hospital site in Counties Galway and Roscommon; the comparative figures for 2011 including in-patient, day cases, outpatients, emergency, UCC and births; the budget for 2011 and the over-run at year end; and if he will make a statement on the matter. [5541/12]

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

Cancer Screening Programme

Denis Naughten

Question:

647 Deputy Denis Naughten asked the Minister for Health, in view of the delay in rolling out the national colorectal cancer screening programme, if he will outline the implications for the inclusion of Roscommon Hospital in the programme; and if he will make a statement on the matter. [5542/12]

The National Cancer Screening Service (NCSS), part of the Health Service Executive's National Cancer Control Programme, is responsible for the development and implementation of Ireland's first national colorectal screening programme. The programme is planned to begin in the final quarter of 2012. Preparations for implementation are continuing to ensure that every element of the screening programme is in place and fully quality assured before the programme is introduced.

The initial 15 colonoscopy units selected as candidate screening colonoscopy units for the programme must meet accreditation requirements, as determined by the NCSS Quality Assurance Committee, to achieve confirmed status as screening colonoscopy units. While Roscommon was not identified as one of the first 15 candidate units, any unit not initially selected may, in time, be included as a screening colonoscopy unit, as part of the national colorectal cancer screening programme.

Roscommon is one of 36 hospitals providing endoscopy services. It therefore provides colonoscopy and other screening endoscopy services for patients referred by their GPs for these screening services.

Health Services

Denis Naughten

Question:

648 Deputy Denis Naughten asked the Minister for Health, further to Parliamentary Question No. 386 of 6 December 2011, if the Health Service Executive has sought approval for its multi-annual capital programme; if he will confirm the completion dates for the project at Roscommon Hospital; and if he will make a statement on the matter. [5543/12]

Following the publication of the ‘Infrastructure and Capital Investment 2012-2016: Medium Term Exchequer Framework', the Health Service Executive commenced drawing up its capital programme for the multi-annual period 2012-2016. The Executive is required to prioritise the capital infrastructure projects within its overall capital funding allocation taking into account the existing capital commitments and costs to completion over the period. A draft capital plan for the period 2012-2016 has been submitted to my Department. My Department is reviewing the proposals and following up with the HSE where further details may be required. The proposed plan requires my approval with the consent of the Minister for Public Expenditure and Reform. Details of the plan will be published by the Executive following its approval.

Medical Cards

John O'Mahony

Question:

649 Deputy John O’Mahony asked the Minister for Health when a person (details supplied) in County Mayo will receive a decision on his or her application for a medical card; the reason for the delay in same; and if he will make a statement on the matter. [5552/12]

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

Health Services

Brendan Smith

Question:

650 Deputy Brendan Smith asked the Minister for Health the progress being made by the Health Service Executive in ensuring the restoration of general practitioner services at a centre (details supplied) in County Cavan; in view of the widespread concern of the local community, which has a large population, if this matter will be given urgent consideration; and if he will make a statement on the matter. [5595/12]

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

Question No. 651 answered with Question No. 639.

Medical Cards

Finian McGrath

Question:

652 Deputy Finian McGrath asked the Minister for Health the position regarding a medical card in respect of a person (details supplied) in Dublin 3; and the reason for the delay in issuing same. [5669/12]

As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy. While awaiting receipt of the actual card, the person in question can avail of full medical card services by quoting her medical card number.

Coast Guard Service

Michael McNamara

Question:

653 Deputy Michael McNamara asked the Minister for Transport, Tourism and Sport if he has put moneys aside for the building of a new Coast Guard station in Doolin, County Clare; if so, the amount of same; and if he will make a statement on the matter. [5437/12]

Providing a suitable building for the Irish Coast Guard volunteer unit in Doolin to enable it to operate in a more suitable and efficient manner remains a priority for my Department. Funding to develop Coast Guard station houses, provided to the Department in the Infrastructure and Capital Investment Programme 2012 to 2016, is targeted in the first instance on the provision of a new station house in Killybegs, Co. Donegal during the period 2012 and early 2013. Provision of the station house for the Doolin unit is currently targeted to commence in the latter half of 2013.

Year of the Gathering

Catherine Murphy

Question:

654 Deputy Catherine Murphy asked the Minister for Transport, Tourism and Sport if he will provide details of the proposed Year of the Gathering in 2013; the specific proposals he intends to pursue to attract visitors from overseas; the financial allocation that he expects this project to require; and if he will make a statement on the matter. [5460/12]

Seán Kenny

Question:

672 Deputy Seán Kenny asked the Minister for Transport, Tourism and Sport if he will provide a progress report on The Gathering 2013 project; and if he will make a statement on the matter. [5402/12]

I propose to answer Questions 654 and 672 together.

I presented proposals for "The Gathering 2013" at last October's 2011 Global Irish Economic Forum. Fáilte Ireland is the lead agency for the implementation of The Gathering initiative while Tourism Ireland Limited will have specific responsibility for promoting "The Gathering 2013" in overseas markets. The event is intended to be the biggest tourism initiative ever staged in Ireland and will consist of a year-long programme of festivals, events and other gatherings in every region of the country, all of which will aim to attract overseas visitors.

As outlined at the Global Irish Economic Forum, the initiative is being overseen by a small, tightly-focused Project Board. This project board brings together representatives of the tourism bodies and my Department and includes other members with relevant expertise who are contributing on a pro bono basis. The Chair of the Board is Ann Riordan (formerly Chair of Tourism Ireland and of Dublin Tourism, as well as previously working as Country Manager for Microsoft in Ireland) and the Board will oversee planning and delivery of the Gathering, supported by a small executive team drawn mainly from the tourism agencies alongside graduates under the JobBridge programme.

They will be supported by a Council of Champions, which will act as a forum to engage the wider community at home and abroad to provide support. Tim O'Connor, former Secretary-General to the President, will act as Chair of the Council of Champions and he is also a member of the Project Board. The Project Board is currently finalising the Business Plan for "The Gathering 2013" which will detail the scope of the event and the necessary resources to implement it.

Rail Network

Peadar Tóibín

Question:

655 Deputy Peadar Tóibín asked the Minister for Transport, Tourism and Sport the timescale in which he intends to sign the rail order for the completion for the Navan to Dublin rail line in order to safeguard the project from possible planning applications that could endanger the future completion of the rail line. [4767/12]

Peadar Tóibín

Question:

658 Deputy Peadar Tóibín asked the Minister for Transport, Tourism and Sport if he will sign the rail order for the completion of the Navan, County Meath, to Dublin rail line in order to fully safeguard the line from possible planning applications that could endanger its future development and to purchase the necessary lands to allow the construction to proceed when the project is reviewed in 2012. [4955/12]

I propose to take Questions Nos. 655 and 658 together.

As Minister for Transport, Tourism and Sport I have responsibility for policy and overall funding in relation to public transport. Following the establishment of the National Transport Authority (NTA) in December 2009, the implementation and development of infrastructure projects in the Greater Dublin Area (GDA), such as Phase 2 of the Navan Rail line, comes under the remit of the NTA. Noting this I have referred the Deputy's question to the NTA for direct reply. Please advise my private office if you do not receive a reply within 10 working days.

Road Safety

Gerry Adams

Question:

656 Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport his plans to address the issue of speeding on the N33 link road outside Ardee, County Louth, particularly around the Stabannon and Dromin turn offs; and if he plans to provide proper parking to replace the unofficial park and ride between the M1 exit and the Stabannon and Dromin turn offs. [4784/12]

As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme. The planning, design and implementation of individual national roads are matters for the National Roads Authority (NRA) under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned. The allocation of funding in relation to the construction or maintenance of national road projects, including the provision of roadside parking, is a matter in the first instance for the NRA in accordance with Section 19 of the Roads Act. Noting this, I have referred the Deputy's question to the NRA for direct reply. Please advise my private office if you don't receive a reply within 10 working days. The issue of speeding is a matter for An Garda Síochána.

Driving Instruction

Finian McGrath

Question:

657 Deputy Finian McGrath asked the Minister for Transport, Tourism and Sport his views on correspondence regarding driving instructors (details supplied). [4933/12]

I have examined the correspondence provided by the Deputy. The correspondent also wrote to me directly last year on this matter. I consider it essential that a good communications process is in place between the Road Safety Authority and the Approved Driving Instructors (ADIs) in relation to the operation of Essential Driver Training (EDT). I have expressed that view to both the RSA and representatives of the ADIs.

It is my understanding that the RSA established a Stakeholders Forum for regular engagement between the RSA and ADIs, and that the ADIs representatives are elected on a regional basis. In addition, the RSA has informed me that it also use emails, SMS texts, newsletters and its website as mechanisms for keeping ADIs informed of developments. I understand that the Forum has since discussed improvements to communications between the RSA and ADIs, and that new measures at local level are now in place. The RSA has assured me that they will keep the operation of the Forum and all aspects of its communications strategy open to review and will take appropriate action where necessary. The next election to membership of the Forum is in October 2012.

In relation to the specific question of the introduction of Essential Driver Training, I understand that the RSA engaged in a discussion and information process with ADIs during the lead-in. I consider that the structures exist for good communication between the RSA and ADIs, and that there would seem to be a willingness by the RSA to adapt these structures as necessary.

Question No. 658 answered with Question No. 655.

Departmental Funding

Tom Fleming

Question:

659 Deputy Tom Fleming asked the Minister for Transport, Tourism and Sport if he will reconsider his decision to withdraw funding for local improvement schemes or at the very least the hardship and emergency element of this scheme — that is, for those roads beside which there is a person with a serious illness living or where there is a person in a wheelchair living; and if he will make a statement on the matter. [5013/12]

The current expenditure for regional and local roads will be reduced significantly over the next few years. Cuts 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. Given that priority it is not possible to assist with any works on non-public roads.

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.

However, the scheme has been suspended and not abolished. If and when the financial position of the State improves, it will be possible to re-open this scheme. In the interim, 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.

Departmental Staff

Gerry Adams

Question:

660 Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport the salaries and allowances paid to his private secretary and to the Secretary General of his Department; and if he will make a statement on the matter. [5036/12]

My Private Secretary is on the Higher Executive Officer payscale €46,426-€57,251 and receives an allowance of €19,653 per annum, which is subject to tax.

The Secretary General of my Department receives €200,000 per annum and has already taken a voluntary reduction in his salary.

Decisions regarding reducing or adjusting salary scales and allowances are dealt with centrally by the Department of Public Expenditure and Reform.

Appointments to State Boards

Gerry Adams

Question:

661 Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport if he will provide a breakdown of the number of appointments that have been made to State boards by him since he came to office including the names of the appointees and the boards they have been appointed to; the number of these appointments that have been made using new procedures involving the advertising of such posts on his Department’s websites and the interview of the chairperson of boards by Oireachtas committee; if he will highlight situations where this process has not occurred; and the reason it has not occurred in each case. [5052/12]

The information requested by the Deputy regarding appointments to State Boards is available on my Department's website. Since my Department advertised new procedures for appointments to State boards on Friday 8th April 2011, all appointments from that date have followed these procedures. All Chairpersons whom I have appointed, with the exception of Mr. Tom Wall, have appeared before the Joint Oireachtas Committee on the Environment, Transport, Culture and the Gaeltacht.

I appointed Mr. Wall as Chairperson of the RPA on an interim basis until 18 April 2012 pending the merger of the RPA and the National Roads Authority. Given the short nature of his appointment, it was not considered necessary for him to appear before the Committee. The Chairperson for the merged body will be designated in advance of the completion of the merger and will appear before the Committee prior to his/her appointment.

Sports Funding

Brendan Griffin

Question:

662 Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport if financial assistance will be available in respect of a club (details supplied) in County Kerry; and if he will make a statement on the matter. [5056/12]

Under the Sports Capital Programme the Department provides funding at local, regional and national level to sporting clubs and organisations, voluntary and community organisations, local authorities and, in certain circumstances, schools/colleges towards the provision of sporting facilities and the purchase of sporting equipment. To date, Killorglin Rowing Club has received total capital funding of €560,000 under the Sports Capital Programme.

The Department does not provide financial assistance towards the operating costs of sporting facilities.

Willie O'Dea

Question:

663 Deputy Willie O’Dea asked the Minister for Transport, Tourism and Sport the number of boxing clubs in County Mayo that have received funding under the jobs initiative; the name of each club and the amounts allocated to each and the number of jobs that will be created by each club as a result of funding. [5057/12]

A special allocation of €1.25m was made to the Irish Amateur Boxing Association in 2011 to provide modest grants to boxing clubs (maximum grant of €25,000 per club) to improve facilities and, in particular, facilities to accommodate female boxers. This allocation will be met from the D3 subhead.

The clubs in Mayo that have been approved funding from this allocation and the amount allocated to each club is set out in the table below:

Club Name

Club Address

Grant Approved

Eagle BC

The Quay, Westport

€25,000.00

Golden Gloves BC

Belmullet, Co Mayo

€25,000.00

Ballina BC

The Moorings, Ballina, Mayo

€24,743.00

Ardagh/Crossmolina BC

Knockanillaun, Ballina, Mayo

€16,700.00

Ardnaree BC

Ballina Road, Killalla

€17,604.00

Castlebar BC

The Mall, Castlebar

€25,000.00

St Anne’s BC

James St Car Park, Westport

€25,000.00

Ballinrobe BC

Old Court House, Main St, Ballinrobe

€24,807.50

Geesala BC

Geesala, Ballina, Co Mayo

€25,000.00

This investment will help to create jobs at local level. It is not possible to quantify the number of jobs that will be created.

Departmental Staff

Mary Lou McDonald

Question:

664 Deputy Mary Lou McDonald asked the Minister for Transport, Tourism and Sport the number of retired public servants that have been rehired by him, or rehired by State agencies under his aegis. [5077/12]

Since my appointment as Minister for Transport, Tourism and Sport in March 2011 seven retired civil servants have been rehired by my Department. Five of these were Radio Officers to fill essential frontline vacancies in the Coast Guard until such time as recruitment processes for replacements could be completed. One Aeronautical Engineer was rehired for the Air Accident Investigation Unit. A retired official was contracted to carry out a specific evaluation exercise. Where retired civil servants are re-engaged, pension abatement applies.

With regard to agencies under the aegis of my Department this is a matter for the agencies themselves. I have, however, forwarded the Deputy's question to the various State agencies under my Department's aegis. If the Deputy does not receive a reply from the agencies within ten working days, please advise my private office.

Sports Capital Programme

Sean Fleming

Question:

665 Deputy Sean Fleming asked the Minister for Transport, Tourism and Sport the amount of the €30 million budget for sports capital grants in 2012 in his Department that is available to fund future works on sports facilities; the amount that is expected to be paid in relation to commitments from previous years that have yet to be paid; if he will provide the overall figure of commitments that have been approved by him for grants in earlier years that have not been paid out; and if he will make a statement on the matter. [5119/12]

A sum of €21.2m has been provided in 2012 for the D3 subhead, out of which sports capital grant payments are paid. In addition, there is carryover of €3.6m into this subhead in 2012. This funding will primarily be used to meet commitments from previous years.

As at 20 January last, a total of €3.446m was outstanding from allocations made in 2011.

I recently announced that the Department of Transport, Tourism and Sport will be advertising two new rounds of the Sports Capital Programme between now and 2016.

Officials in my Department are currently making the necessary arrangements with a view to launching a new round of the Sports Capital Programme early this year. The advertisement of any new round and the amount to be allocated will be decided in consultation with the Minister for Public Expenditure and Reform.

Road Network

Sean Fleming

Question:

666 Deputy Sean Fleming asked the Minister for Transport, Tourism and Sport the funding that will be available for local improvement schemes through local authorities in 2012; if he will indicate an estimated amount that will be available to Laois County Council; and if he will make a statement on the matter. [5127/12]

The current expenditure for regional and local roads will be reduced significantly over the next few years. Cuts of the magnitude proposed necessitated that some very good and worthwhile projects be curtailed including those normally carried out under the Local Improvements Scheme, for which funding has been suspended.

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. Given that priority it is not possible to assist with any works on non-public roads.

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.

However, the scheme has been suspended and not abolished. If and when the financial position of the State improves, it will be possible to re-open this scheme. In the interim, 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.

Motorway Service Areas

Brendan Griffin

Question:

667 Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport his plans to encourage the development of rest and service areas along our motorway network; if future planning will allow for such necessities; and if he will make a statement on the matter. [5223/12]

As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme. The planning, design and implementation of individual national roads are matters for the National Roads Authority (NRA) under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned. The allocation of funding in relation to the construction or maintenance of national road projects, including service area projects, is a matter in the first instance for the NRA in accordance with Section 19 of the Roads Act. In addition, I would specifically refer the Deputy to section 54 of the Roads Act 1993, as amended by section 10 of the Roads Act 2007, which provides the NRA with specific responsibilities in relation to agreements to build and operate motorway service areas. Noting the above position, I have referred the Deputy's question to the NRA for direct reply. Please advise my private office if you don't receive a reply within 10 working days.

Parking Charges

Sean Fleming

Question:

668 Deputy Sean Fleming asked the Minister for Transport, Tourism and Sport if he will contact Iarnród Éireann regarding the increase in parking charges at its car parks at railway stations throughout the country; and the additional cost this represents for commuters in view of the fact that it will discourage persons from using public transport; and if he will make a statement on the matter. [5289/12]

Seán Kenny

Question:

671 Deputy Seán Kenny asked the Minister for Transport, Tourism and Sport the reason parking charges at Dart stations have increased by 50% for day tickets and 25% for weekly tickets; and if he will make a statement on the matter. [5401/12]

I propose to take Questions Nos. 668 and 671 together.

The issues raised are a matter for Iarnród Éireann. I have referred the Deputies' questions to the company for direct reply. Please inform my private office if you do not receive a reply within ten working days.

Event Management Companies

Eoghan Murphy

Question:

669 Deputy Eoghan Murphy asked the Minister for Transport, Tourism and Sport the criteria in Fáilte Ireland for designating conference and event management companies as professional conference organisers; and how these criteria came to be determined. [5291/12]

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.

Sports Funding

Eoghan Murphy

Question:

670 Deputy Eoghan Murphy asked the Minister for Transport, Tourism and Sport the bodies currently responsible for funding professional tennis players; the amount of money that comes from the State; the structuring of such funding; the criteria individual players have to meet to receive funding; the discretion individual bodies have regarding the allocation of funding; and if so, any travel or accommodation assistance that is provided to professional Irish tennis players in addition to any funding available. [5292/12]

The provision of funding to National Governing Bodies of Sport and to individual sportspersons is a matter for the Irish Sports Council. I have referred the Deputy's Question to the agency for direct reply. Please advise my private office if you do not receive a reply within ten working days.

Question No. 671 answered with Question No. 668.
Question No. 672 answered with Question No. 654.

Ferry Services

Gerry Adams

Question:

673 Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport if he has had any involvement in plans to develop a ferry link between Greenore in County Louth and Greencastle in County Down; his position on the plans; and if he will make a statement on the matter. [5442/12]

I am aware of the proposals from the information that the promoters of the proposed ferry link have submitted to me recently. This is an entirely private sector venture and it should be noted that it is not the practice of my Department to subsidise ferry routes, nor are there any funds available to my Department for this purpose.

I understand that a lot of preparatory work has been put into the plans over the last number of years and I wish those behind the venture the very best in their endeavours. The service would certainly be a positive addition to the transport and tourism services available in the area, and I know the tourism promotion agencies have offered their support.

I would note that in the provision of any such service, maritime safety is of paramount importance and the new service would require statutory certification by the Marine Survey Office in my Department.

Olivia Mitchell

Question:

674 Deputy Olivia Mitchell asked the Minister for Transport, Tourism and Sport if his attention has been drawn to the concerns raised by a company (details supplied) in respect of regulation MARPOL Annex VI which it is expected will apply in the Irish Sea from 2015; if his further attention has been drawn to the possible implications that this has for connectivity and ferry operations generally on the Irish Sea; and if he will make a statement on the matter. [5463/12]

The International Convention for the Prevention of Pollution from Ships (known as the MARPOL Convention) is the main international convention covering prevention of pollution of the marine environment by ships from operational or accidental causes. The MARPOL Convention entered into force in 1983 and has been provided for in national legislation. Ireland is a party to the Convention and is represented in working groups where amendments to MARPOL are negotiated at International Maritime Organisation (IMO) meetings.

In 2005, the Protocol of 1997 to MARPOL, providing for the prevention of air pollution from ships, known as MARPOL Annex VI, entered into force. The provisions of this Protocol were implemented in full through the Sea Pollution (Miscellaneous Provisions) Act, 2006. MARPOL Annex VI provides, inter alia , sulphur content limits for fuel used in shipping, in recognition of the fact that sulphur emissions into the air significantly damage both human health (mainly through causing respiratory problems and cardiac ill-health) and the environment (e.g. through acidification on land). Shipping now represents a disproportionate source of such emissions and its emissions are anticipated to exceed those of land based sources in the future. Passenger ships in the EU operate mostly in ports or close to coastal areas and their impacts on human health are significant, hence the need to address this source of pollution.

I am aware of the concerns of the shipping industry, particularly in relation to potential fuel cost increases and its implications for connectivity and ferry operations in the Irish Sea.

In 2008, an amendment to MARPOL Annex VI regulations, introduces lower sulphur limits in fuel from 3.5% to 0.1% in sea areas designated Emission Control Areas (ECA's) from 1 January 2015. However, as the seas around Ireland have not been designated an ECA these lower limits do not currently apply to Irish passenger ships operating in the Irish Sea. ECAs are designated by agreement of the parties to the IMO. Within the EU, the only ECAs are the North Sea and the Baltic. Currently, Ireland has no plans or evidence to support the introduction of an ECA in the Irish Sea by 2015. MARPOL Annex VI also reduces the sulphur content in fuels for global shipping (outside ECAs) from 3.5% to 0.5% in 2020.

Since 2006, under EU legislation passenger ships must use fuel with a sulphur content of 1.5% or lower. This includes passenger ships operating in the Irish Sea. In July 2011 the European Commission introduced a proposal to revise Directive1999/32/EC on the sulphur content of certain liquid fuels. The proposal seeks to lower sulphur content in fuel from 1.5% for passenger ships to 0.1% in 2020, but some Member States are seeking an earlier date of 2015. Ireland supports the 2020 date. Several Member States, especially those whose waters are already designated ECA's, are seeking to have all the waters of the EU designated as a ECA and that lower limits of 0.1% apply to passenger ships from 2015. Ireland has not and is not supporting this position.

Officials from my Department are working closely with colleagues in the Department of the Environment, Community and Local Government (DECLG) to represent Ireland's national position at EU level where my Department has highlighted the concerns of the shipping industry. Discussions are continuing at EU working party level on this matter.

European Council Meetings

Patrick O'Donovan

Question:

675 Deputy Patrick O’Donovan asked the Minister for Transport, Tourism and Sport the EU Council of Ministers on which he sits; the number of meetings of that Council that have been held between 2007 and 2011; the number of those meetings that he attended; the number that were attended by the relevant Minister of State; the number that were attended by an Irish official; and if he will provide the names of those who attended in tabular form. [5474/12]

Within my remit, there are three Council formations of relevance: Transport, Telecoms and Energy (TTE) Council; Competitiveness Council (which deals with tourism-related issues from time to time); and Education, Youth, Culture and Sport (EYCS) Council.

Insofar as the TTE Council is concerned, I have attended all 4 Transport Councils since I became Minister in March 2011. Details of attendance of my predecessors at Transport Councils are set out in the table below.

Insofar as the Competitiveness Council is concerned, my colleague the Minister for Jobs, Enterprise and Innovation, Richard Bruton, T.D., represents Ireland at the Competitiveness Council and there have been no significant issues relating to tourism at this Council since I took office.

Insofar as the EYCS Council is concerned, Minister of State Michael Ring T.D. has delegated responsibility in relation to EU matters relating to Sport and he has attended one of the two Council meetings scheduled since he took office. He was unable to attend the Council meeting in May 2011 owing to diary commitments associated with the visit of HM Queen Elizabeth II. Sport has only become a formal part of this Council since the Lisbon Treaty came into force and as such there were only two Council meetings of Sports Ministers in 2010, neither of which was attended by an Irish Minister.

Transport Council

Year

Person who Attended

March 2007

Minister Martin Cullen

June 2007

Minister John Browne

October 2007

Mr Kenneth Thompson, Deputy Permanent Representative

December 2007

Minister Eamon Ryan

April 2008

Minister Noel Dempsey

June 2008

Minister Noel Dempsey

October 2008

Minister of State, Noel Ahern

December 2008

Minister of State, Noel Ahern

March 2009

Minister of State, Noel Ahern

June 2009

Minister Eamon Ryan

October 2009

Ms Geraldine Byrne Nason (Deputy Permanent Representative)

December 2009

Minister Noel Dempsey

March 2010

Minister Eamon Ryan

June 2010

Minister Noel Dempsey

October 2010

Minister Noel Dempsey

December 2010

Ms Geraldine Byrne Nason (Deputy Permanent Representative)

March 2011

Minister Leo Varadkar

June 2011

Minister Leo Varadkar

October 2011

Minister Leo Varadkar

December 2011

Minister Leo Varadkar

Departmental Funding

Sean Fleming

Question:

676 Deputy Sean Fleming asked the Minister for Transport, Tourism and Sport if funding will be provided through Fáilte Ireland in respect of a project (details supplied); and if he will make a statement on the matter. [5476/12]

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.

Driver Training

Eoghan Murphy

Question:

677 Deputy Eoghan Murphy asked the Minister for Transport, Tourism and Sport his views on legislation regarding essential driver training introduced in April 2011; and if consultation was undertaken in advance of introducing this piece of legislation. [5491/12]

Essential Driver Training (EDT), which I introduced last April, requires learner car drivers to undertake a course of compulsory lessons before taking the driving test. EDT is one of nine components in the development of a Graduated Driver Licensing (GDL) system for Ireland. Taken together, these components will contribute significantly to the quality of driving on our roads, and so to road safety.

The development of detailed proposals for the GDL was undertaken by the Road Safety Authority (RSA), and the process included extensive consultation during 2009. EDT was one of the specific proposals to be developed following this exercise.

I understand from the RSA that it engaged extensively with Approved Driving Instructors during the development process for the EDT programme itself.

Rail Services

Eoghan Murphy

Question:

678 Deputy Eoghan Murphy asked the Minister for Transport, Tourism and Sport if he will request a review by Irish Rail of the level crossing closure times along the DART railway line in the south east area in view of the fact that closure times at rush hour can be as long as seven minutes; and if new technologies may be employed to reduce waiting times for road users. [5492/12]

The issue raised is a matter for Iarnród Éireann. I have referred the Deputy's question to the company for direct reply. Please inform my private office if you do not receive a reply within ten working days.

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