Written Answers

Banks Recapitalisation

Pádraig Mac Lochlainn

Question:

10 Deputy Pádraig Mac Lochlainn asked the Minister for Finance if he will provide an explanation of the reason the promissory notes need to carry a similar yield as was prevailing on the Irish Government in 2012; and the impact of the interest on the general Government deficit and Government debt through to 2015. [9959/12]

Minister for Finance (Deputy Michael Noonan)

During 2009 it was determined that Anglo and INBS required additional capital. A commitment was provided by the Minister to Anglo and separately to INBS to provide capital of €8.3 billion and €2.7 billion, respectively. This capital was provided on 31 March 2010.

In relation to Anglo, this €8.3 billion of capital was injected by way of a capital contribution. This capital contribution is treated as equity capital for regulatory capital purposes. In relation to INBS, a special investment share was acquired for €100 million in cash and a further €2.6 billion was subsequently injected by way of a capital contribution.

The Government did not pay for these capital contributions in Anglo and INBS with cash. The Government effectively issued an IOU, in the form of Promissory Notes, to Anglo and INBS for €8.3 billion and €2.6 billion, respectively. As the State had a debt to the institutions, it also had an associated interest charge. The Bank prepares its financial statements under International Financial Reporting Standards (IFRS). To comply with IFRS the Bank must recognise the Promissory Note initially at fair value. Subsequently, the Promissory Note is carried at amortised cost. Given fair value requirements this interest charge was set by reference to Government yields at the date of issue and was set to ensure that the fair value of the IOUs provided the full capital required.

To do otherwise, or to set the coupon rate at a lower level would have meant that the fair value was lower than the par value of the Promissory Note with the result that the institutions' capital requirements would not have been satisfied.

Subsequently, it was determined that Anglo and INBS needed additional capital, which was again provided by increasing the 31 March 2010 Promissory Notes. The final Promissory Note increase was on 31 December 2010 bringing the total Promissory Notes in Anglo and INBS to €30.6 billion. See table below for the increases:

€ billion	Anglo	INBS	Total (IBRC)
31 March 2010	8.30	2.60	10.90
28 May 2010	2.00	—	2.00
23 August 2010	8.58	—	8.58
31 December 2010	6.42	2.70	9.12
	25.30	5.30	30.60

In each of the Promissory Note increases, the coupon was set by reference to Irish Government bond yields at the date of increase so as to ensure that the fair value of the Promissory Note increases provided the full amount of the additional capital required at those times. As a result, the differing tranches of Promissory Notes carry differing interest rates.

When the final capital contribution was made on 31 December 2011 an interest holiday was inserted into each of the Promissory Notes which meant that between 1 January 2011 and 31 December 2012 no interest was payable. Absent the interest holiday the weighted average interest rate on these Promissory Notes would have been 5.8%. However, as a result of the insertion of the interest holiday the weighted average interest rate from 1 January 2013 is c.8%.

Fiscal Policy

Liam Twomey

Question:

11 Deputy Liam Twomey asked the Minister for Finance if he and other EU eurozone finance ministers have discussed using quantitative easing as a policy instrument to ease the effects that huge sovereign, corporate and non-corporate debt is having on some eurozone countries; and if he will make a statement on the matter. [9974/12]

Minister for Finance (Deputy Michael Noonan)

In the euro area, monetary policy — both standard and non-standard measures — is a matter for the European Central Bank, whose independence in this matter is enshrined in the Treaty. The issue of quantitative easing, therefore, does not fall within the domain of euro area Finance Ministers. A resumption of strong economic growth will be key to resolving the debt issues to which the Deputy refers. Although the focus in Europe over the past number of years has been on repairing the financial system and the public finances, these are not sufficient conditions for a return to economic growth. Recognising this, the European Council in January agreed further efforts to promote growth and employment in the Union.

The objective is to further modernise European economies and to strengthen competitiveness. The forthcoming Spring European Council will provide guidance on Member States economic and employment policies, putting emphasis on ‘green' growth and on accelerating structural reforms in order to improve the growth potential and enhance competitiveness.

Departmental Staff

Michael Moynihan

Question:

12 Deputy Michael Moynihan asked the Minister for Finance the number of staff from the Office of the Revenue Commissioners expected to leave the organisation at the end of this month under the early retirement scheme; if he will give an overview of the location and functional areas within the Revenue Commissioners that will be affected and if he is satisfied that the Revenue Commissioners will be able to continue to perform its duties to the required standard after the retirements take effect. [9913/12]

Minister for Finance (Deputy Michael Noonan)

I am informed by the Revenue Commissioners that it is expected that around 226 Full Time Equivalent staff will have retired between January and the end of February 2012. The estimated number of individuals (headcount) to retire is 251. These numbers are subject to change as those who have indicated they intend to retire may change their mind before the end of February deadline. Others may choose to retire who have not already applied.

The Revenue staff retiring are from across all locations and functional areas.

The following Table 1 gives an indication of the locations from which Revenue staff are retiring.

Table 1: Revenue retirements by location (Headcount)
Location	Retirement Headcount
Dublin	120
Limerick	18
Louth	14
Tipperary	13
Waterford	13
Galway	10
Donegal	9
Cork	8
Sligo	8
Clare	7
Cavan/Monaghan	6
Kerry	5
Offaly/Westmeath	5
Mayo	5
Wexford	4
Kilkenny	3
Kildare/Meath/Wicklow	3

The following Table 2 gives and indication of the functional areas of the retiring staff:

Table 2: Revenue retirements by functional areas
Function Area
Operational (Collection/Debt Management/ Compliance/Customer Service)	197
Legislation and interpretation	19
Support (Planning/Corporate Services)	19
Information and Communications Technology and Logistics	16

The loss of so many skilled and experienced staff will undoubtedly impact on the service provided by Revenue. The Revenue Commissioners are subject to the Employment Control Framework staffing reductions in line with Government targets to reduce public service numbers. However, I recognise the need to replace the loss of key skills and experience in Revenue while meeting the existing Employment Control Framework allocations. An effective tax collection system is an essential element of our fiscal consolidation requirements and is critical to the successful achievement of the Government's objectives in the context of the EU/IMF Programme of Financial Support for Ireland. In that context, I have asked the Minister for Public Expenditure and Reform to consider reducing Revenue's target staff numbers over a longer time period, whilst at the same time allowing Revenue to replace critical skills and experience.

Financial Products

Michael McGrath

Question:

13 Deputy Michael McGrath asked the Minister for Finance if he intends to raise with Permanent TSB the issue of the standard variable interest rate it charges on residential mortgages which, at 5.19%, is over 2% higher than the 3.04% charged by another State owned bank, AIB. [9889/12]

Minister for Finance (Deputy Michael Noonan)

The lending institutions in Ireland, including those in which the State has a significant shareholding, are independent commercial entities.

Ultimately the pricing of financial products, including standard variable mortgage interest rates, is a commercial decision for the management team and board of each lending institution, having due regard to their customers and the impact on profitability, particularly where the cost of funding to each lending institution, including deposit pricing, is under pressure.

Neither the Central Bank nor I have any responsibility for any variation in the variable mortgage interest rates charged by the two institutions referred to by the Deputy. However the Central Bank has advised me that, within its existing powers, it will continue to engage with specific lenders which appear to have standard variable rates set disproportionate to their cost of funds.

Fiscal Policy

Charlie McConalogue

Question:

14 Deputy Charlie McConalogue asked the Minister for Finance the current status of the European Commission’s proposal to introduce a common consolidated corporate tax base; if he will provide details of his ongoing engagement with the Commission and other member states on the proposal; and if he will make a statement on the matter. [9908/12]

Minister for Finance (Deputy Michael Noonan)

On 16 March 2011 the European Commission, which has the right of initiative to bring forward legislative proposals, published its proposal for a Common Consolidated Corporate Tax Base. This represented the beginning of a process that will involve a detailed examination of the proposal, line by line, by all Member States at the Council Working Group. Since the Commission's proposal has been published, Department of Finance officials, along with officials from the Revenue Commissioners have been attending the Working Party on Tax Questions which is the forum for discussions on the proposal. To date, my officials have attended meetings on almost a monthly basis in relation to the proposal.

It is expected that Ecofin will be presented with an update on the current state of play with regard to the negotiations at its meeting in May.

Both I and the Government have made it clear that Ireland, like all other Member States, intend to actively engage in that process because only in that way can we absolutely ensure that all of the arguments are brought to the table.

I want to assure the Deputy that it is clearly understood that our engagement is strictly on the basis that taxation is a matter of national competence and that the principle of unanimity in taxation is fully respected.

Financial Services Regulation

Bernard J. Durkan

Question:

15 Deputy Bernard J. Durkan asked the Minister for Finance the extent to which the Financial Services Ombudsman has been in a position to identify the most frequently reported insurance companies alleged to have defaulted on mortgage protection and or life or other insurance over the past number of years with particular reference to the years from 2005 to date in 2012; if he will outline the most frequently proffered reasons for such default; the total estimated cost to the consumer; the action if any taken against any such companies who appear to be frequent offenders in this regard; and if he will make a statement on the matter. [9976/12]

Minister for Finance (Deputy Michael Noonan)

I am advised by the Financial Services Ombudsman that from 2005 to date, the Financial Services Ombudsman's Bureau (FSOB) has received 39,264 complaints from individuals against Insurance Companies. In that period, 17,138 complaints related to Insurance Products of which 819 are in relation to Mortgage Protection. The Financial Services Ombudsman is an out of Court redress body that is free to the complaint. Therefore there is no cost to the consumer of making a complaint to the Ombudsman.

Currently the FSOB does not identify Insurance Companies alleged to have defaulted on Mortgage Protection and or life or other insurance. There are no statistics available on the reasons given for default. The Central Bank and Financial Services Authority of Ireland Act 2004 provides that following a full investigation into a complaint and if the complaint is found to be wholly or partly substantiated, the Financial Services Ombudsman may direct the financial service provider to do one or more of the following:

Rectify or change the conduct complained of or its consequences,

Provide reasons or explanation for that conduct,

Change that practice,

Pay compensation up to a maximum of €250,000 or €26,000 annuity,

Take any other lawful action.

The FSOB may only make a direction in relation to the complaint at hand. However, if an issue is systemic in nature then under Section 57CQ(2) of the Central Bank Act 2004 the Financial Services Ombudsman can make recommendations to the Central Bank that they address the problems that have been the source of the complaints.

I should point out that the Financial Services Ombudsman is independent in the carrying out of his duties and that there is no role for me in the day to day workings of the office.

As the Deputy is aware, 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. The banks have been set an overall target for lending to SMEs including farm lending. The Government is conscious that the agricultural sector, in common with other sectors, needs access to credit. The remit of the Credit Review Office which was established to review decisions of the banks to refuse credit explicitly includes farmers.

All loans to farmers, including farm stocking loans, are included in the agriculture lending returns. Generally speaking, stocking loans are repaid in full and a new stocking loan is applied for the next season so it is appropriate that they are included in lending approvals.

I am informed by Forfás that they do not have rules in relation to SME funding and have not suggested limits on the categories of bank lending.

Banking Sector Remuneration

Barry Cowen

Question:

20 Deputy Barry Cowen asked the Minister for Finance the purpose of the review into severance and remuneration packages at the covered institutions which has been ongoing since April 2011; the work that has been done in the past ten months; if he will set a date for its competition; his plans to seek pay reductions for senior executives at the institutions. [9897/12]

Minister for Finance (Deputy Michael Noonan)

The information requested by the Deputy (which was included as part of previous replies on the same subject) is as follows:

(a) The object of the review is to thoroughly review all remuneration practices at the covered institutions with the object of simplifying remuneration and compensation structures, discouraging excessive risk-taking and to better align pay and reward to long term value creation.

(b) Detailed work on data collection with the covered institutions took place over the summer and autumn of last year and work is on-going on the review which, as I have alluded to previously, is an iterative one as the data is examined and compared.

(c) I am currently examining how best to progress the review and am considering utilising outside expertise not currently available to my Department to promote the efficacy of the findings and outcomes of the exercise.

The Deputy will be aware that arising from the Government Guarantee and the State investment at the institutions reductions in senior executives' remuneration have taken place. Furthermore, the relevant conditions underpinning that investment dictate that, save in exceptional circumstances; no individual may receive, for a period of two years, aggregate remuneration (excluding pension contributions) of €500,000 per annum.

The Government's bona fides in this area have been honoured by the remuneration packages agreed recently for the respective Chief Executive Officer positions at AIB and Permanent Trustee Savings Bank being contained within these parameters.

As I have said previously, I fully recognise that there is a real public interest in the levels of remuneration at the covered institutions and have committed to placing the details underpinning the review into the public domain.

Illegal Money Lenders

Micheál Martin

Question:

21 Deputy Micheál Martin asked the Minister for Finance if the Central Bank of Ireland has any evidence of a growth in the number of illegal money lenders operating here; and if he will make a statement on the matter. [9907/12]

Minister for Finance (Deputy Michael Noonan)

The Central Bank have advised me that according to their surveys they estimate that approximately one third of money lenders licensed by the Central Bank are aware of people acting as illegal moneylenders and that 11% of respondents to one of their customer surveys were aware of people acting as illegal moneylenders. Persons operating as illegal moneylenders are in breach of the law. It is a matter for An Garda Siochana to investigate their activities. Under Section 98 of the Consumer Credit Act 1995 (as amended), An Garda Siochana have sole responsibility for the investigation and prosecution of such offences. The Central Bank has no powers in this regard. If the Bank has reason to believe that a person is operating as an illegal moneylender the matter is reported to An Garda Siochana.

State Banking Sector

Clare Daly

Question:

22 Deputy Clare Daly asked the Minister for Finance if, relating to the nationalisation of Anglo Irish Bank and the published demands of a company (details supplied) for full compensation, the correspondence has continued; if the assessor has been appointed; and the representations that have been made in this matter by Irish legal firms and the number of bonds that have been redeemed at full 100% face value by the Irish Bank Resolution Corporation. [9848/12]

Minister for Finance (Deputy Michael Noonan)

As the Deputy may be aware, the Anglo Irish Bank Corporation Act 2009 provides that the Minister shall appoint an Assessor at an appropriate time having regard to the public interest, to determine the fair and reasonable aggregate value, if any, of the transferred shares and extinguished rights and the consequent amount of compensation, if any, that may be payable to persons in respect of Anglo shares transferred and rights extinguished under the Act. Work on the process to appoint an Assessor is under way in my Department. I would also note that in considering the appropriate approach to filling the position of Assessor I will have regard to best practice internationally on such matters. It is likely, in this context, that the appointment of the Assessor will involve a competitive tendering process.

The preference shares backing the securities issued by the firm referred to in the Parliamentary Question were acquired by the Minister for Finance upon the nationalisation of Anglo Irish Bank Corporation plc. in January 2009. The preference shares remain outstanding and in the Minister's ownership.

There have been representations from a number of sources in relation to the appointment of the assessor including from legal firms representing the relevant Firm.

Finally, the number of bonds that have been redeemed at 100% face value by IBRC since nationalisation is 155.

Proposed Legislation

Luke 'Ming' Flanagan

Question:

23 Deputy Luke ‘Ming’ Flanagan asked the Minister for Finance if a copy of the draft Central Bank (Regulation of Credit Unions) Bill has been sent to the EU, ECB or the IMF; and if he will make a statement on the matter. [9850/12]

Minister for Finance (Deputy Michael Noonan)

The Interim Report of the Commission on Credit Unions was published in October and the Final Report of the Commission is due to be presented to me at the end-March 2012. Taking the Reports' recommendations into account, it is intended to publish the Credit Union Bill by end-June 2012 in accordance with our commitments under the EU/ECB/IMF Programme of Support. I will be bringing draft Heads of Bill to Government as soon as they are completed. As the Bill is still being developed, it has not been shared with the EU/ECB/IMF.

Fiscal Policy

John Halligan

Question:

24 Deputy John Halligan asked the Minister for Finance if recent Central Statistics Office figures showing a rise in the value of financial assets in the State will lead him to reconsider his tax policy and revenue raising strategy; and if he will make a statement on the matter. [9935/12]

Minister for Finance (Deputy Michael Noonan)

Tax policy and revenue raising strategy are considered within the context of the Programme for Government and also within the overall Programme of Financial Support for Ireland. The Government Programme is clear in its commitments in relation to tax policy and these were reflected in Budget 2012.

The most recent Memorandum of Understanding (10th February 2012) proposes a budget for 2013 to include revenue measures to raise at least €1.25 billion (inclusive of carryover from 2012) and my Department is planning on that basis.

State Banking Sector

Pádraig Mac Lochlainn

Question:

25 Deputy Pádraig Mac Lochlainn asked the Minister for Finance if he will report on the way information regarding the existence of a retention agreement between Irish Bank Resolution Corporation and a company (details supplied) came to be in the public domain; if he authorised the release of such information; if his attention has been drawn to the fact that it has been released to the media; and if he will make a statement on the matter. [9960/12]

Minister for Finance (Deputy Michael Noonan)

The Deputy will be aware that under the Relationship Framework the Board of the bank is responsible for the day to day operations of the bank. The existence of a retention agreement between IBRC and the company referred to in the question came to be in the public domain firstly, as far as I am aware, through a Parliamentary Question asked by Deputy Adams on Thursday 9th February. The Bank subsequently responded to media queries on the matter.

EU-IMF Programme

Richard Boyd Barrett

Question:

26 Deputy Richard Boyd Barrett asked the Minister for Finance his views on the analysis of the three prominent economists (details supplied) who recently gave evidence before the Finance Committee that Ireland is most likely going to need a second so called bail-out by the beginning of 2014; and if not, the reason therefore; and if he will make a statement on the matter. [9939/12]

Minister for Finance (Deputy Michael Noonan)

I would not agree with the conclusion outlined above. Ireland's Programme of external support, which is a three year programme designed to return us to market based financing is on track. We are meeting our targets under the Programme and continuing to do so is the best means of ensuring that we emerge successfully from this programme. A substantial number of actions — over 90 — have already been completed. The Budgetary outturn for 2011 was well within the target set by the Troika. The 5th and most recent EU/IMF review mission of Ireland was completed successfully and I look forward to the successful completion of the overall review process.

In addition the cost of the banking measures under the Programme has been significantly lower than initially envisaged. The imposition of burden sharing on unsecured subordinated bondholders has been an important element in this cost reduction.

The reduction in our programme funding costs further supports these actions. These reductions, arising from changes to the costs of both the EU and IMF funding, amount to some €10 billion over the initially envisaged 7.5 year average term of the programme.

The purpose of the EU/IMF Programme for Ireland is to provide the space necessary for economic and fiscal adjustment to take place. Based on current projections and assuming no market access, the State has access to sufficient funds for its needs well into the second half of 2013.

Our strong programme performance is reflected in the continuing reduction in our bond yields. This is essential to achieve the NTMA's stated intention of returning to sovereign debt markets as soon as market conditions permit.

Market sentiment toward Ireland has also improved. Ireland has maintained its credit rating at a time when a number of euro area countries were downgraded in 2012. Irish bond yields have improved considerably. In recent days, the 10-year bond yield has gone below 7% which is a considerable reduction from the 14.1% peak in July 2011. The National Treasury Management Agency has re-engaged with the bond market and extended some €3.5 billion of debt maturing just after the programme ends. This is a significant first step in terms of managing Ireland's post programme funding requirements. These developments can be directly related to our strong programme implementation.

Fiscal Policy

Robert Troy

Question:

27 Deputy Robert Troy asked the Minister for Finance his views on the progress of talks between the Troika and Greece on a second programme of assistance for that country; the impact the delays in concluding the agreement are having on the stability of the eurozone; and if he will make a statement on the matter. [9920/12]

Minister for Finance (Deputy Michael Noonan)

Early on Tuesday morning, the Eurogroup of Finance Ministers reached agreement with the Greek government on a policy package that constitutes the basis for the successor programme of financial assistance for Greece. This new programme provides a comprehensive blueprint for putting the public finances and the economy of Greece back on a sustainable footing and hence for safeguarding financial stability in Greece and in the euro area as a whole. I see this as a very positive development; resolving the difficulties in Greece is one of the key elements of the five-point plan agreed by Heads of State or Government last October in order to address the difficulties in the euro area.

In terms of main details, the second programme for Greece will involve additional official financing of €130 billion over the period to 2014 subject, of course, to strict policy conditionality. The involvement of the private sector through a voluntary nominal haircut of 53.5 per cent on its holdings of Greek government bonds is a key element. A number of measures to strengthen monitoring and implementation are envisaged.

State Banking Sector

Seán Crowe

Question:

28 Deputy Seán Crowe asked the Minister for Finance if he will explain the reason a company (details supplied) is permitted to provide loan sale advice to Irish Bank Resolution Corporation and also be a bidder for assets in IBRC in the future when a similar tender for loan sale advisers in National Asset Management Agency explicitly prevented loan sale advisers from selling assets to their affiliates; and if he will make a statement on the matter. [9965/12]

Minister for Finance (Deputy Michael Noonan)

The Deputy will be aware that under the Relationship Framework the Board of the bank is responsible for the day to day operations of the bank. IBRC has retained the services of the "strategic advisory arm" of the company referred to in the question which has been validated as independent of the "investment arm" of the Group.

IBRC can confirm that FTI Consulting's UK practice provided independent advice to the Bank in relation to the appointment of the ‘strategic advisory arm' of the company referred to in the question. This was designed to ensure that no conflict of interest arises for IBRC in retaining the services of the company referred to in the question in this regard. FTI Consulting's US practice provided a similar role in the Bank's successful sale of its US loan portfolios which concluded recently to ensure that the process was open, fair and transparent and that established procedures were followed.

Debt Management

Dara Calleary

Question:

29 Deputy Dara Calleary asked the Minister for Finance when he intends to regulate firms that provide debt management advice and household budgeting services to customers; and if he will make a statement on the matter. [9893/12]

Minister for Finance (Deputy Michael Noonan)

I confirm that it is my intention to bring forward of legislation to provide for the regulation of debt management advice and household budgeting services.

I have asked my officials to prepare the necessary legislation which, subject to Government approval, will be introduced as a Committee Stage amendment to the Central Bank (Supervision and Enforcement) Bill 2011.

Personal Debt

Denis Naughten

Question:

30 Deputy Denis Naughten asked the Minister for Finance his plans to assist families in mortgage difficulty; the discussions, if any, he is planning with the Irish Financial Services Regulatory Authority on this issue; and if he will make a statement on the matter. [9886/12]

Minister for Finance (Deputy Michael Noonan)

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, has established a Steering Group, on which the Central Bank is represented, to oversee and drive the implementation of the recommendations contained in the report of the Inter-Departmental Working Group on Mortgage Arrears across Government. Significant progress has already been achieved across a number of the individual work areas including the publication of a draft Personal Insolvency Bill by the Minister for Justice, Equality and Defence and the announcement of the first "mortgage to rent" transaction by the Minister for Housing and Planning. The Central Bank, both from a consumer protection and prudential regulation perspective, has a very significant role to play in addressing the problem of mortgage arrears. With regard to consumers in arrears or in danger of going into financial difficulty and/or concerned about going into mortgage arrears, the revised Code of Conduct on Mortgage Arrears (CCMA) offers increased protections to these consumers. This revised code builds on the provisions of the previous version, but includes more detailed requirements, including the establishment of a formal Mortgage Arrears Resolution Process (MARP). Other examples of significant changes are:

pre-arrears cases must be treated in accordance with the MARP;

arrears have been defined;

the primary residences which can be protected by the CCMA have been defined; and

an Appeals process under the CCMA replaces the complaints process under the Consumer Protection Code.

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:—http://www.centralbank.ie/regulation/processes/consumer-protection/ documents/consumer%20booklet%20-%20final%20feb%202011.pdf.

With regard to monitoring compliance with the consumer protection codes, the Central Bank carries out themed inspections and mystery-shopping exercises. In July 2011, the Central Bank published the findings of a themed inspection of mortgage lenders which examined compliance with the requirement of the revised CCMA specifically relating to charges on mortgage accounts in arrears, and the related Letter of Direction (‘Direction'). The Direction instructed mortgage lenders to refrain from imposing interest surcharge on arrears and other specific charges arising on a mortgage account in arrears to which the revised CCMA applies and in respect of which a borrower is co-operating reasonably and honestly with the lender in the MARP from 1 January 2011. Provision 9 of the CCMA refers to the restriction from imposing such charges. Lenders were individually notified of the charges to which this Provision applies in the individual Direction that issued in December 2010. This themed inspection was carried out across six mortgage lenders including credit institutions and retail credit firms. 655 customer mortgage account statements were reviewed during the course of the themed inspection. A further direction was issued to lenders in December 2011 restricting some further charges. Further detail can also be found on the Central Bank website: http://www.centralbank.ie/press-area/press-releases/Pages/CentralBankMonitorsLendersCompliancewiththeRevisedCode.aspx.

In addition, in October 2011 the Central Bank required each mortgage lender to develop strategies and implementation plans to deal with their individual mortgage arrears situations. The Central Bank is currently reviewing the strategies as submitted and is examining the plans of lenders to offer 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 is continuing to engage with lenders on the further development and implementation of these plans.

Banking Sector Regulation

Peadar Tóibín

Question:

31 Deputy Peadar Tóibín asked the Minister for Finance if he or the National Treasury Management Agency were given notice of the retention agreement between Irish Bank Resolution Corporation, IBRC, and a company (details supplied) before an agreement has been signed; when he personally became aware of the retention agreement between the company and IBRC; and if he will make a statement on the matter. [9961/12]

Minister for Finance (Deputy Michael Noonan)

The Deputy will be aware that under the Relationship Framework the Board of the bank is responsible for the day to day operations of the bank. Neither the Department nor the NTMA were given notice of the retention agreement before the agreement was signed. My officials were notified as part of the on-going communications with the bank. My officials sought assurances from the bank that no conflict of interest existed in relation to the appointment and these assurances were provided by the Chairman of the bank. I am satisfied, on the basis of information and assurances provided to my Department that proper procedures were followed and that no conflict exists. Again, I would ask the deputy if he has information to the contrary to please bring such information to my attention so that the matters can be investigated and resolved.

Ministerial Appointments

Brian Stanley

Question:

32 Deputy Brian Stanley asked the Minister for Finance if he intends to appoint someone from a company (details supplied) to the National Asset Management Agency, NAMA, advisory board; if he will outline if such an appointment will be made from the advisory company or the investment company; if he believes a conflict of interest will arise as a result of someone from this company being on the NAMA advisory board and this company subsequently purchasing assets in NAMA; and if he will make a statement on the matter. [9971/12]

Minister for Finance (Deputy Michael Noonan)

I have appointed Mr Michael Geoghegan to chair a small group of advisors to advise me on the future strategic direction of NAMA. Mr. Geoghegan has agreed to carry out his role on a pro bono basis. I am currently considering the names of potential candidates who have the appropriate experience and background to work effectively as members of the group of advisers with Mr Geoghegan. I expect to announce the other members shortly. At that stage, I will also announce the group's terms of reference, as well as its reporting framework and arrangements in relation to costs.

Banks Recapitalisation

As the deputy may be aware, in certain financial transactions it is common practice internationally for the shares in special purpose companies (SPCs) to be owned by a public charity. In an Irish context, a typical structure for an orphan company would consist of the establishment of an Irish private limited company (i.e. the SPC), the entire issued share capital of which is held on trust for charitable purposes. The trustee holders of the share capital can be individuals or nominee shareholder companies (charitable trust companies). All of these hold their shareholding under declaration of trust executed in favour of a charity.

These structures are not tax-driven nor does Irish tax law in any way enable tax evasion. These structures clearly serve specific commercial purposes. As the SPC is not consolidated into the balance sheet of the financial institution ("the originator") that has transferred loans to the SPC, the originator can now make further loans and is no longer liable for any non-performing loans included in the assets transferred to the SPC. Furthermore, any credit risk of the originator is isolated from the underlying assets so that the investor's investment decision regarding the issued securities is based solely on the anticipated asset-performance. The issued debt of the SPC may thus achieve a higher credit-rating than the originator's own debt would have achieved.

The charity is a shareholder in the company and does not hold any assets or liabilities. All assets and liabilities are held by the SPC. It is the company, not the charity, which carries on the business — and funds are not channelled through the charity. Instead, any residual profits left in the SPC after its business is completed are paid by way of dividend to the charitable trust. SPCs are not entitled to any tax deduction for the payment of such dividends. It is likely that the total amount of residual dividends they pay, being incidental to the main business, is relatively small.

Strategic Investment Fund

Mick Wallace

Question:

36 Deputy Mick Wallace asked the Minister for Finance when he plans to introduce the relevant legislation to allow the strategic investment fund to use funds from the National Pensions Reserve Fund for productive investment in the economy in view of the fact that it is now five months since he announced the establishment of the strategic investment fund; and if he will make a statement on the matter. [9937/12]

Mick Wallace

Question:

39 Deputy Mick Wallace asked the Minister for Finance when the appropriate legislative changes to the investment policy of the National Pensions Reserve Fund will be introduced in order to allow the strategic investment fund to channel commercial investment from the fund towards productive investment in the economy here; and if he will make a statement on the matter. [9936/12]

Minister for Finance (Deputy Michael Noonan)

I propose to take Questions Nos. 36 and 39 together.

The Strategic Investment Fund (SIF), whose establishment was announced by the Government in September 2011, will channel commercial investment from the National Pensions Reserve Fund (NPRF) towards productive investment in areas of strategic significance to the future of the Irish economy. As well as money from the NPRF, the SIF will seek matching commercial investment from private investors. It will comprise a series of sub-funds targeted at commercial investment in critical areas, 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.

The involvement of the NPRF in the SIF is expected to require the amendment of the investment policy of the NPRF, which is set out in the National Pensions Reserve Fund Act 2000. Officials of my Department are liaising with the National Treasury Management Agency, as the Manager of the NPRF, in identifying and drafting the necessary amendments to the legislation and I expect to bring forward proposals for amending legislation as soon as possible once that work is completed.

Proposed Legislation

Catherine Murphy

Question:

37 Deputy Catherine Murphy asked the Minister for Finance the rationale behind limiting the 30% mortgage or qualifying loan interest relief package included in the Finance Bill 2012, to mortgages or loans purchased between 2004 and 2008; if figures pertaining to the cost to the State of extending the facility beyond the period specified are available and if he will provide them to Dáil Éireann; if alternative, graduated rates were considered by him prior to announcing the increased rate in December 2011; and if he will make a statement on the matter. [9885/12]

Minister for Finance (Deputy Michael Noonan)

The position is as I stated in my Budget day speech, that 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. Statistics from the Department of Environment, Community and Local Government show that national average house prices (including apartments) rose significantly in the period 2004 to 2008, reaching a peak in the second quarter of 2007. I believe that people who purchased during this period would most benefit from an increase in mortgage interest relief. I have sought to be as flexible as possible within the constraints pertaining. Under the current tax legislation mortgage interest relief is granted from the date the first mortgage interest payment is made. The legislation is being amended in the Finance Bill for this particular measure to also include mortgage draw-down as a qualifying event for the rate increase. This means that a mortgage holder will qualify for the increased rate if they made their first mortgage interest payment in the period 2004 to 2008 or if they drew down their mortgage in that period.

Therefore, an individual who drew down their mortgage in December 2003 but made their first mortgage interest repayment in 2004 will qualify for the increased relief. Also, an individual who drew down their mortgage in December 2008 but did not make their first mortgage repayment until 2009 will also qualify.

I do not have costs available for extending the period beyond the period 2004-2008 set out in the Programme for Government. In advance of the Budget I considered the rates which were outlined in the Programme for Government.

Bank Guarantee Scheme

Pearse Doherty

Question:

38 Deputy Pearse Doherty asked the Minister for Finance if he will list those current members of the Bank of Ireland executive team and committee who were in place prior to the banking guarantee; if he will provide a rationale for the reason these persons are still in position in view of his statement in April 2011 indicating that all executive team and committee members from the pre-banking guarantee period would be removed as part of the restructuring of the banking system; and if he will make a statement on the matter. [9953/12]

Minister for Finance (Deputy Michael Noonan)

As the deputy is aware, in response to the Nyberg report and with regard to the restructuring of the banking sector, I stated that:

“A programme of rotation of board members, commencing with board members appointed before September 2008, will be expected to be part of the plan. This should apply to both Executive and Non Executive Board members and provides a process to ensure a smooth succession of incumbent board members who were in place before September 2008. I would expect this succession to be substantially completed by early 2012, and will use my powers as shareholder to affect such changes if necessary”.

Across the financial institutions covered by the Credit Institutions (Financial Support) Act 2008, only 4 of the 74 board members in place in September 2008 remain in place. Only two of the fifteen board members of Bank of Ireland as at 30 September 2008 are current board members of the bank, Mr Richie Boucher and Mr Jerome Kennedy. Furthermore pursuant to an RNS communication issued by Bank of Ireland dated 23 December 2011, Mr Kennedy has indicated his intention to retire as a non executive director at the conclusion of the next Annual General Meeting.

I also stated that:

“Steps would be taken to ensure that the skills and competence levels of senior managers are fully adequate to the demands of the current situation and the planned future of the Irish banking system”.

The following table shows the very considerable change to the senior management team in Bank of Ireland as at 30th September 2008 and as at February 2012:

30 September 2008	February 2012
Role Title	Name	Role Title	Name
Group Chief Executive	Brian Goggin	Group Chief Executive	Richie Boucher
Group Chief Financial Officer	John O’Donovan	Group Chief Financial Officer	Andrew Keating
Chief Executive Retail Financial Services Ireland	Richie Boucher	Chief Executive Retail Ireland Division	Liam McLoughlin
Chief Executive UK Financial Services	Des Crowley	Chief Executive Retail UK Division	Des Crowley
Chief Executive Capital Markets	Denis Donovan	Acting Chief Executive Corporate and Treasury and Head of Group Non Core Division	Denis Donovan
Head of Group Human Resources	Christine Brennan	Head of Group Human Resources	Julie Sharp
Croup Chief Risk Officer	Ronan Murphy	Chief Governance Risk Office	Peter Morris
Director Group Manufacturing	Tony Watt	Head of Group Manufacturing	Senan Murphy
		Chief Credit & Market Risk Officer

As previously announced, the Central Bank is reviewing the position of executive and non-executive directors of covered institutions that received state support and who are remaining in director posts after 1 January 2012 to decide whether or not an investigation into any of those persons might be appropriate.

The Central Bank Reform Act 2010 became operational on the 1st December 2011 when the Central Bank prescribed regulations into law setting out those functions ("controlled functions") which would be covered by the Act, and a smaller subset of controlled functions ("pre-approval controlled functions" or "PCFs") which will require the prior approval of the Central Bank before an appointment can be made to them.

The Central Bank will fulfil its functions under the Act by processing applications for approvals to all PCFs in all regulated financial service providers from 1 December 2011. The Central Bank may refuse to approve a proposed appointment to a PCF role where it is of the opinion that the proposed appointee is not of such fitness and probity as is appropriate to perform the relevant function. Where the Central Bank refuses to approve a proposed appointment, then a regulated financial service provider may not appoint the person to the role.

Further, the Central Bank as part of its role in the on-going supervision of the financial services sector, including the banking industry, may from time to time consider that there is reason to suspect the fitness and probity of any person performing a controlled function and may commence an investigation into that person. The existence and progress of such investigations are confidential and details of such investigations may not be disclosed by the Central Bank. As previously announced, the Central Bank is reviewing the position of executive and non-executive directors of covered institutions that received state support and who are remaining in director posts after 1 January 2012 to decide whether or not an investigation into any of those persons might be appropriate. This process provides opportunities for persons to make representations to independent decision makers appointed by the Central Bank. The Central Bank does not comment on individual cases.

All assessments of fitness and probity of persons being proposed to PCF roles, and of persons performing controlled functions are made with respect to the criteria set out in Section 25(3) of the Act and a Code issued by the Central Bank under Section 50 of the Act entitled "Fitness and Probity Standards (Code issued under Section 50 of the Central Bank Reform Act 2010).

Question No. 39 answered with Question No. 36.

Fiscal Policy

John Halligan

Question:

40 Deputy John Halligan asked the Minister for Finance if the contraction in economic growth now taking place in Europe, and even in Germany, has likely consequences for his strategy on an export growth led recovery; and if he will make a statement on the matter. [9934/12]

Minister for Finance (Deputy Michael Noonan)

There is a huge amount of uncertainty at the moment, as evidenced by the wide range of GDP projections for this year, not just for Ireland, but also for the euro area. Obviously as a small open economy whose recovery is being driven by exports, we are affected by the slowdown in growth in Europe, though competitiveness improvements evidenced in recent years will provide some support. A weakening of activity in our main trading partners is already factored into the Department of Finance forecasts for economic growth that underpin the Budget. Given the highly uncertain environment, the Budget documentation pointed to a number of risks to this forecast — some to the downside and some to the upside. These risks are all still valid.

However, while the weak external outlook is of concern, there have also been some positive developments since Budget time, not least favourable exchange rate movements which will provide some benefit to the exporting sector. In addition, I would point out that some of the economic data — domestically and internationally — have not been as poor as some were assuming. For example, high frequency survey data show that economic activity and confidence in the euro area improved in January, while in Germany, the ZEW Indicator of Economic Sentiment showed a strong increase which raised the indicator to positive territory for the first time since May 2011. At home, new export orders are continuing to expand, with car sales also showing some improvement in January.

Financial Sector Regulation

Caoimhghín Ó Caoláin

Question:

41 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance further to Parliamentary Question No. 51 of 1 February 2012, regarding restrictions to credit union lending, if he will detail the types of restrictions currently operating on credit unions and the detail of the extent of the easing of these restrictions on the 25 credit unions who successfully sought the easing of restrictions in the past 12 months; the reasons that 37 credit unions who asked for the restrictions to be eased were refused; the number of credit unions that have had the lending restrictions lifted completely; and if he will make a statement on the matter. [9951/12]

Minister for Finance (Deputy Michael Noonan)

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 comment on the placing or easing of lending restrictions in individual cases. I believe that such action would represent interference in the work of the independent regulator.

The Registrar of Credit Unions advises me that he has put lending restrictions in place 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 Registrar has advised that each credit union will be aware of its individual position. In general, in relation to those credit unions that have sought an easing in lending restrictions, the Registrar has advised that lending restrictions can be lifted or eased if a credit union can demonstrate an improvement in its financial position and that it would not be appropriate to comment on individual cases. The type of lending restrictions can include maximum individual loan size, overall maximum monthly lending limits and restrictions on business lending.

Banks Recapitalisation

Gerry Adams

Question:

42 Deputy Gerry Adams asked the Minister for Finance if the profits derived by the Central Bank of Ireland from Irish Bank Resolution Corporation’s emergency liquidity assistance repayments are kept in full by the Central Bank of Ireland or shared with the other central banks in the European system of banks; and if he will make a statement on the matter. [9956/12]

Minister for Finance (Deputy Michael Noonan)

One of the functions of the Central Bank, similar to other central banks, is to grant Exceptional Liquidity Assistance or ELA to a credit institution when this is deemed necessary for financial stability purposes. These amounts are published monthly. The Central Bank cannot disclose the financial institutions that avail of such support although it is open to all eligible counterparties to apply for such funding. 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 Exceptional Liquidity Assistance 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. The Bank has received formal comfort from me as Minister for Finance such that any shortfall on the liquidation of the collateral will be made good. Further details on ELA is available in the bank's Annual Report for 2010 in Note 1(v) and Note 20(iii) on pages 93 and 104 respectively.

Sandra McLellan

Question:

43 Deputy Sandra McLellan asked the Minister for Finance if Irish Bank Resolution Corporation requires the full €47 billion of the promissory note, that is the €30 billion capital and €17 billion interest, in order to pay off its liabilities in full or is the amount required to have its liabilities paid in full a lesser amount; if so, the amount which could result in the winding up of the bank at an earlier date; if so, the date at which those liabilities would be paid under the current schedule; and if he will make a statement on the matter. [9958/12]

Minister for Finance (Deputy Michael Noonan)

The interim accounts published by the bank for the 6 months ended 30 June 2011, which are the latest published figures, shows a total liability figure of €50,677 million. In effect this is the amount required to pay off its liabilities in full. In addition a further €3,404 million represents the State's equity in the institution. If one assumes that the assets will cover some of the liabilities, even in a worst case scenario it would not be unreasonable to expect that the full €47 billion might not be required. That said, the Deputy will appreciate that much of the further information requested in the question is subject to external factors and that it is not practical to be definitive in terms of timelines or costs at this point. Suffice to say that the Board of the bank is charged with the work-out of the bank's assets in a manner that will best protect the interests of the State.

However, the framework within which the bank is operating is set out in the EU Commission Decision on the restructuring plan which issued on 29.6 2011. The link below provides access the redacted version of the Decision.

IBRC is working to generate options for the efficient work out of its loan books in accordance with the Bank's approved mandate. This includes examining accelerated disposal where this makes economic sense. Following the timely sale of the majority of the Bank's US loan portfolios, the bank now continues with further detailed analysis of the remaining loans in Ireland and the UK. This analysis will further inform the Board and management team of IBRC on the timing of the next phases of deleveraging. The exact value of its remaining loans will be reported in the Banks annual report and accounts which are due for release next month. The final cost of rescuing the institution is estimated to be within the current capital provided by the State and will predominately be a function of the property markets in Ireland and the UK together with the availability of counterparty liquidity to enable further disposals by way of recoveries, repayments and sales. It will also depend on the outcome of any negotiations on the promissory note between the Government and the EU that are still under way. The estimated timeframe for the resolution of the institution is currently nine years as detailed in the Bank's approved restructuring plans. http://ec.europa.eu/competition/stateaid/cases/239466/2394661251121213.pdf

EU Summits

Joe Higgins

Question:

44 Deputy Joe Higgins asked the Minister for Finance if he had discussions on the margins of the EU summit on 30 January about the promissory notes relating to Anglo Irish Bank. [5173/12]

Minister for Finance (Deputy Michael Noonan)

As the Deputy is aware 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 options for re-engineering the notes in terms of the maturity of the notes, the interest rate, the cash flows etc. In tandem with this technical review the Government has commenced a campaign at political level to garner support for an approach which is more beneficial to the Irish State. I have met with Commissioner Rehn and Mario Draghi President of the European Central bank as well as a number of my counterparts from Member States to progress the matter. However, I did not attend the EU summit on 30 January. Additional detail on such proposals will be available when the on-going work is further advanced.

Banks Recapitalisation

Richard Boyd Barrett

Question:

45 Deputy Richard Boyd Barrett asked the Minister for Finance if he shares the views of the three prominent economists (details supplied), who recently gave evidence before the finance committee, that the Government should not pay out the €3.1 billion due on the Irish Bank Resolution Corporation promissory note on 31 March 2012, but should seek a means to either write down or defer this obligation, and that the Central Bank has the means to do this without breaking the troika agreement; and if he will make a statement on the matter. [9938/12]

Minister for Finance (Deputy Michael Noonan)

I very much welcome the constructive contribution from the economists to the question of the promissory notes, and I can assure the Deputy that the presentations and remarks to the Joint Committee on Finance, Public Expenditure and Reform will be examined in detail. However, it would not at all be appropriate for me to unilaterally instruct the Central Bank, and the Troika that the scheduled payment will not be made, at a time when we are engaged in a process to review options in relation to the reduction in the overall burden to the State of restructuring our banking sector in terms of either or both the cost and the timing of the repayment of that debt.

Further, I am not convinced that in the event that it may be deemed advisable to make the Promissory Note payment due under the current schedule in March that it will weaken or position in the on-going review. It is simply not my experience, or the experience of the Government, that is the way things work within the European Union or the Eurozone. I would remind the Deputy that our external partners are engaging in these discussions notwithstanding that a payment of €3.06bn has already been made in March 2011.

The technical group, involving the Troika representatives, will look at a range of options for reengineering the Promissory Note and the funding of IBRC and the Deputy will appreciate the necessity and appropriateness of waiting on the outcome of that process. While it would certainly be beneficial to have the matter of the Promissory Note payments resolved and agreed by the end of March there is no guarantee that this will be achieved in that timeframe. The Deputy will appreciate that there are a number of parties involved directly and indirectly in this process. The Deputy will also appreciate the situation in the Eurozone remains unsettled and is changing on a daily basis. In this environment and given the nature of advocacy and the decision making process in the EU I would not expect this matter to be concluded quickly. However, I can assure the Deputy that everything that can be done will be done to ensure a positive outcome for the State.

Vehicle Registration

Tony McLoughlin

Question:

46 Deputy Tony McLoughlin asked the Minister for Finance if he has given any consideration to making changes to the number plate system in 2013 (details supplied). [9847/12]

Minister for Finance (Deputy Michael Noonan)

I have no proposal at this stage for an alternative number to be put on next years registration plates. However, any proposals that are brought forward will be examined by my Department in advance of Budget 2013.

European Central Bank

Bernard J. Durkan

Question:

47 Deputy Bernard J. Durkan asked the Minister for Finance the degree to which the views of the Central Bank of Ireland are reflected in the ECB with particular reference to the need to ensure that the vital interests of the economy are kept to the fore and that actions encouraged by the ECB are in consort with the national recovery mode currently required in this jurisdiction; and if he will make a statement on the matter. [9977/12]

Minister for Finance (Deputy Michael Noonan)

As Minister for Finance, I have no function in the relationship between the European Central Bank and the Irish Central Bank nor am I privy to any views conveyed to the European Central Bank by the Irish Central Bank. The Governor of the Central Bank carries out his European Central Bank-related functions under the Treaty of Rome and the Statute of the European System of Central Banks (ESCB) and his independence in doing so is guaranteed. Section 19A(2) of the Central Bank Act 1942 provides that the Governor has sole responsibility for the performance of the functions imposed, and the exercise of powers conferred, on the Central Bank by or under the Rome Treaty or the ESCB Statute.

Section 6A(3) of the Central Bank Act 1942 provides that the Minister for Finance may not request information relating to ESCB functions from the Governor or the Central Bank.

Additionally, article 282(3) of the Treaty of Rome provides that the European Central Bank shall be independent in the exercise of its powers and that European Union institutions, bodies, offices and agencies and the Governments of the Member States shall respect that independence.

State Banking Sector

Aengus Ó Snodaigh

Question:

48 Deputy Aengus Ó Snodaigh asked the Minister for Finance if he will detail the exact procurement policy used by Irish Bank Resolution Corporation that precipitated the awarding of the retention agreement between a company (details supplied) and IBRC; and if he will make a statement on the matter. [9963/12]

Minister for Finance (Deputy Michael Noonan)

The Deputy will be aware that under the Relationship Framework the Board of the bank is responsible for the day to day operations of the bank. The Board and management of the Bank are responsible for the Bank's day-to-day commercial decisions including the appointment of strategic advisors. The appointment of the ‘strategic advisory arm' of the company referred to in the question was made having regard for the Bank's procurement policy. The process followed by the management of the Bank, and ratified by the Bank's Board, was fully compliant with the Bank's Board approved Procurement Policy.

Details of the terms and purpose of the Bank's appointment of this advisor are commercially sensitive and the Bank will not be releasing further details on the matter.

Banks Recapitalisation

Jonathan O'Brien

Question:

49 Deputy Jonathan O’Brien asked the Minister for Finance with respect to the revised memorandum of understanding of 10 February 2012, his plans to ensure the recapitalisation of a company (details supplied); the cost of this recapitalisation to the State; if the recapitalisation plan will be affected by a failure to complete the sale of the company; and if he will make a statement on the matter. [9970/12]

Minister for Finance (Deputy Michael Noonan)

As a result of the March 2011 PCAR the company was required to raise additional capital of €4 billion. In July 2011 €2.3 billion of this requirement was injected by way of a placing of shares to the Minister for Finance, leaving the Minister with his current holding of 99.24%. At this time a further €400 million was also injected into the company in return for a Contingent Capital note bringing the total State contribution to €2.7 billion. In addition the company also raised €0.2bn from internal capital raising measures. While the company also completed a liability management exercise which generated additional core tier 1 capital this did not improve the bank's overall capital position due to the existing capital treatment of its investment in the subsidiary Life Company. After all of these actions the remaining capital requirement for the company is €1.3bn. It was intended that the remaining capital requirement would be satisfied on completion of a successful disposal of a major subsidiary, with any shortfall provided by the State. However the sale was postponed on 25th November 2011 due to the extreme levels of volatility being experienced in the eurozone at that time.

Following the suspension of this sale process, we have decided that a government purchase of the subsidiary company will be the most effective mechanism to finalise the recapitalization of the company by 30 June 2012. The subsidiary is a valuable asset for the State and will continue to be managed on an independent commercial basis to ensure that value, and we will continue to work to dispose of it as soon as market conditions permit.

Any capital shortfall after the State has acquired the subsidiary will be met by the State.

The Government Budget 2012 projections include an allowance for the provision of the €1.3bn capital in June 2012.

Tax Reliefs

Catherine Murphy

Question:

50 Deputy Catherine Murphy asked the Minister for Finance if, in the drafting of the new facility detailed in section 766 of the Finance Bill 2012, whereby amounts paid by companies to unconnected third parties to carry out research and development activities are eligible for a specified tax credit, he considered including a requirement for companies to source such research and development activities from Irish-based third parties as a first resort; his views on the viability of this proposal, specifically in relation to the potential economic activity which may be generated here as a result; and if he will make a statement on the matter. [9884/12]

Minister for Finance (Deputy Michael Noonan)

As announced in my Budget speech, I am introducing significant enhancements to the R&D tax credit scheme in Finance Bill 2012 as we need to encourage the productive, high value-added sectors of our economy in order to work our way out of the current downturn. Up to now, sub-contracted R&D costs in respect of payments made to unconnected persons have been eligible for the tax credit to the extent that they did not exceed 10% of the expenditure incurred by the company itself on research and development activities. In the case of payments made to third level institutions in the European Economic Area for undertaking R&D the limit was 5%. These limits had the effect of disproportionately affecting smaller companies who may have greater need to outsource R&D work than larger multinationals with greater internal resources. The outsourcing limits for sub-contracted R&D costs have been increased to the greater of 5 or 10% as appropriate or up to €100k. This will provide a targeted benefit to SMEs.

As regards the Deputy's suggestion to include a requirement that the R&D be sourced from indigenous companies or universities, this would bring the R&D tax credit scheme into conflict with EU State-aid rules. It has been a deliberate policy to avoid EU State-aid complications by maintaining the R&D tax credit scheme as a general measure which does not favour one form of domestic company over another or discriminates in an unfair way against companies or universities in other EU Member States. For these reasons I do not propose to include the requirement suggested.

As the Deputy will be aware, the use of external service providers is a matter for the management and board of the institution. I have no role in the day-to-day commercial and operational decisions of the banks, which include these matters. These decisions are taken by the board and management of the institution. Notwithstanding the fact that the State is a significant shareholder in the institution, the bank is run on a commercial arm's length basis as per the Memorandum on Economic and Financial Policies agreed with the EU Commission, the ECB and the IMF. In relation to costs incurred, the management and board of the institution are aware of their duties to their shareholders to ensure that all costs incurred by the bank are necessary and reflect the needs of the business.

Separately, I am informed by the Bank that in line with its normal practice, the bank has not publicly disclosed the specific contract details in respect of this firm as they deem such information to be commercially sensitive in respect of arrangements entered into with individual firms. The bank has however confirmed that the firm in question continues to provide AIB with consultancy services and the bank has further indicated that it remains committed to managing the cost of, and maximising the value from, this arrangement.

EU-IMF Programme

Thomas P. Broughan

Question:

54 Deputy Thomas P. Broughan asked the Minister for Finance if he will explain the implications under the fiscal compact treaty of the 0.5% structural deficit limit on fiscal and budgetary policy; and if he will make a statement on the matter. [9923/12]

Minister for Finance (Deputy Michael Noonan)

Once the excessive deficit is corrected, Ireland will be subject to the preventive arm of the Stability Pact. Therefore, from 2016 onwards, we will be required to meet (or be making sufficient progress towards) our medium term (budgetary) objective — the so-called MTO. The MTO is a target that is set for the structural fiscal position (i.e. adjusting the public finances for the impact of the economic cycle) that takes into account the level of debt as well as implicit liabilities associated with the ageing of the population. In terms of the speed of consolidation towards the MTO, work at EU level is ongoing and it is expected that the Commission will provide clarity on the time-frame for convergence, taking into consideration country-specific sustainability risks, that participating Member States will be required to respect.

The structural balance is not possible to measure directly and must be estimated. However, the applicability of the "one size fits all" approach currently used to determine the structural fiscal position in an Irish context has been raised with the Commission in the past. Further discussions will be undertaken, including as part of the revisions to the country-specific medium term objectives being undertaken this year.

Leaving aside the methodological considerations, it should be remembered that estimates of the structural balance in 2015 are not fixed — policies that may be implemented by Government in the intervening period can be expected to have a bearing on the figure. Taking account of this fact, it is clear that it is difficult to quantify with any degree of certainty the scale of any further adjustments that may be needed in the post-2015 period.

For instance, microeconomic reforms (which are a key part of the EU/IMF programme) that help to address some of the skills mis-match in the labour market could help lower the "equilibrium" unemployment rate with a structurally beneficial impact on the public finances (on both the revenue and expenditure sides) — in other words, the structural fiscal position could improve with reforms.

In this context, the Government's recently announced action plan for jobs, which is designed to significantly improve employment over the next number of years, will alter the outlook in the future. This should impact positively on the amount of fiscal adjustment that may be required.

In summary, there are lots of moving parts and therefore, the speed and scale of additional consolidation post-2015 must be seen in this context. However, what is clear is that in order to continue to restore sustainability to our public finances, Ireland's budgetary position will — for the foreseeable future — have to be in balance or in surplus in structural terms.

Derivatives Market

Denis Naughten

Question:

55 Deputy Denis Naughten asked the Minister for Finance the discussions he has had with his EU counterparts on EU commission plans to regulate food securities trading at both European and international level; and if he will make a statement on the matter. [9887/12]

Minister for Finance (Deputy Michael Noonan)

Food securities trading forms part of the regulation of derivatives. As the Deputy knows, the regulation of derivatives has been part of our discussions with the EU and has been on the Ecofin agenda since September 2010 when the Commission published its proposal to regulate this market in the context of over-the-counter (OTC) trades. I can inform the Deputy that, following discussions, agreement on a final text has now been reached with all of the EU institutions, subject to final technical details being clarified. The scope of this draft Regulation covers all over-the-counter derivatives, not just food securities. In relation to derivatives traded on exchanges, as I indicated in my reply to the Deputy in early February, Ireland already has a regulatory regime which comes from the 2004 EU Markets in Financial Instruments Directive (MiFID), which is currently being reviewed.

The work on both OTC derivatives and the MiFID review is expected to result in a tighter regime for all derivatives, including food securities, whether traded OTC or through exchanges. The measures are intended to keep pace with trends in derivatives trading, and in line with G20 commitments. When finalised, these EU legislative initiatives will come into force in all Member States. The Central Bank of Ireland is the competent authority in this country for the purposes of derivatives legislation.

Tax Code

Jonathan O'Brien

Question:

56 Deputy Jonathan O’Brien asked the Minister for Finance with respect to the revised memorandum of understanding of 10 February 2012 if he will detail what is meant by a broadening of personal income tax base, a restructuring of motor taxation and a reduction in general taxation measures; and if he will make a statement on the matter. [9969/12]

Minister for Finance (Deputy Michael Noonan)

The Deputy is aware that the published Memorandum of Understanding of 10th February 2012 proposes a budget for 2013 to include revenue measures to raise at least €1.25 billion (inclusive of carryover from 2012); these measures to include a broadening of the personal income tax base, a restructuring of motor taxation, a reduction in general tax expenditures and an increase in excise duty and other indirect taxes. Without prejudice to the minimum consolidation amount referred to above and in consultation with the staff of the European Commission, the IMF and the ECB, the Government may substitute one or more of the above measures with others of equally good quality based on the options identified in the Comprehensive Review of Expenditure. In my Budget 2012 Statement, I highlighted a number of areas that would be considered for revenue base-broadening in 2013. These included a commencement of a consultation process with the motor industry and other interested parties to review options for VRT and Motor Tax, flagging the broadening of the PRSI base to cover rental, investment and other forms of income and the further reform of the tax treatment of supplementary pension provision. However, the Deputy will also be aware that it is not the practice of the Minister for Finance to discuss the precise or specific details of measures which may be under consideration as part of a future Budget and Finance Bill package.

Banking Sector Regulation

Micheál Martin

Question:

57 Deputy Micheál Martin asked the Minister for Finance the involvement, if any, he has with the way banking regulation weaknesses are being addressed; and if he will make a statement on the matter. [9368/12]

Minister for Finance (Deputy Michael Noonan)

The reports from Professor Patrick Honohan, Messrs Regling and Watson and the Nyberg Commission identified that poor supervision, an overly-deferential attitude by regulators, poor assessment of risks and a lack of follow-through on enforcement, all played a part in the financial crisis and set out the problems that needed to be addressed in the banking regulation area. The Central Bank Reform Act 2010 provides for new powers to be exercised by the Bank to ensure the fitness and probity of nominees to key positions within financial service providers and of key office-holders within those providers. The new fitness and probity regime is being rolled out by the Central Bank through regulations that were published on 1 September 2011 and is being introduced on a phased basis. The Regulations were applied to Pre-Approval Controlled Functions from 1 December 2011 and will apply to persons appointed to Controlled Functions from 1 March 2012 (other than Pre-Approval Controlled Functions).

Following on from the Central Bank Reform Act, 2010, the Central Bank (Supervision and Enforcement) Bill 2011 was published in July 2011. The bill enhances the Central Bank's regulatory powers, drawing on the lessons of the recent past in Ireland and abroad, and strengthens the ability of the Central Bank to impose and supervise compliance with regulatory requirements and to undertake timely prudential interventions. The bill also provides the Central Bank with greater access to information and analysis and underpins the credible enforcement of Irish financial services legislation in line with international best practice. The Central Bank (Supervision and Enforcement) Bill 2011 is expected to commence committee stage in the Dáil shortly.

The Central Bank advises me that its regulatory activity has intensified with increases in staff numbers and skill levels. At the end of 2010 the Central Bank employed 1,226 which represents an increase of 17.4% on 2009 staffing levels. There has being a significant increase in on-site inspections and review meetings have gone from 606 in 2009 to 1,046 in 2010. The Central Bank has published an Enforcement Strategy for 2011-2012 setting out its strategic approach to enforcement for the benefit of consumers and the integrity of the Irish financial services sector. The Central Bank has also taken a number of measures under its "Banking Supervision — our new approach" to banking supervision which they introduced in June 2010 and updated in June 2011. During 2011 the Central Bank has re-organised its internal banking supervision structures. The Central Bank has invested heavily in training all supervisory staff. A panel of risk advisors with specialist and industry expertise has been in operation since September 2010.

Credit Availability

Michael McGrath

Question:

58 Deputy Michael McGrath asked the Minister for Finance the progress made on the commitment in the programme for Government on ensuring that an adequate pool of credit is available to fund small and medium sized businesses in the real economy during the restructuring and downsizing programme; and if he will make a statement on the matter. [9369/12]

Minister for Finance (Deputy Michael Noonan)

As the Deputy is aware, 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. The pillar banks are required to submit their lending plans to the Department and the Credit Review Office (CRO) at the beginning of each year, outlining how they intend to achieve their lending targets. The banks also meet with the Department and the CRO on a quarterly basis to discuss progress.

The CRO applies to AIB and Bank of Ireland. SMEs, sole traders or farmers can apply for a review where credit is refused, withdrawn, or offered on unreasonable conditions. Banks have set up formal internal review processes, which must first examine an appeal by a customer. Ulster Bank has also set up an internal appeal process. The CRO ensures that the banks do not refuse credit to viable businesses, both by its existence and by offering the right to a review of refusals.

On 4 November last the Central Bank published a revised statutory Code of Conduct for Business Lending to Small and Medium Enterprises (SME Code) setting out new requirements for lenders when dealing with SMEs in, or facing, financial difficulties which came into effect from 1 January 2012. A full review of the SME Code will be undertaken in 2012.

The Department of Jobs, Enterprise and Innovation brought the draft heads of a Loan Guarantee Scheme Bill to Government on 24 November last. The Scheme will provide a partial guarantee to banks against losses on qualifying loans to job-creating firms to get banks lending again to industry and entrepreneurs. This Scheme will be closely targeted at commercially viable, well performing companies that have a solid business plan and a defined market for their products or services which can demonstrate repayment capacity for the additional credit facilities but which cannot secure credit facilities due to either of the following two market failures: insufficient collateral for the additional facilities; or growth / expansionary SMEs which due to their sectors, markets or business model are perceived higher risk under current credit risk evaluation practices.

The Government has also approved the establishment of a Micro Finance Loan Fund to provide loans on a commercial basis for start-up businesses and micro-enterprises. It is expected that the businesses that will primarily benefit will be those at the margins of commercial lending decisions. The Scheme will use an initial exchequer investment of €10 million to leverage further funds from private sources. Over a ten year period, the scheme has the potential to provide up to €100 million in additional lending to over 5000 micro-enterprises over that period. The Scheme will be demand-led and the amount of funds provided will depend on the demand from viable businesses.

As the Deputy knows, I published the independent Mazars survey of SME credit late last year. On foot of this report, a series of seven regional meetings with local representatives is now under way, hosted by the Minister for Small Business, John Perry T.D., supported by Mr. John Moran, Head of Banking in the Department of Finance. The aim of these meetings is to examine further the actions which might be taken by the Government to improve access to credit for SMEs.

International Agreements

Eoghan Murphy

Question:

59 Deputy Eoghan Murphy asked the Tánaiste and Minister for Foreign Affairs and Trade if he will clarify his position and subsequent vote at the cluster munitions talks in Geneva November 2011; and the way he sees the process developing from here. [10120/12]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore)

The Fourth Review Conference of the Convention on Certain Conventional Weapons (CCW) took place in Geneva from 14-25 November 2011. The main item for discussion was the draft of a possible Protocol VI to the Convention relating to cluster munitions. Ireland's position on a possible Protocol VI was clearly expressed at the Review Conference and at the meetings of the Group of Governmental Experts in advance of the Conference. We saw value in an instrument that would impose strong and binding legal commitments on states not currently in a position to become party to the Convention on Cluster Munitions that currently possess and/or produce such munitions. We were prepared to negotiate in good faith on an instrument that would be compatible with and complementary to the Convention on Cluster Munitions agreed in Dublin under our chairmanship in 2008 which would add value and make a difference in reducing civilian casualties in future armed conflicts. We would only have acceded to such an instrument if these conditions were met.

My officials worked hard with a group of like-minded states to improve the text of the draft under discussion in Geneva. However, it did not prove possible to reach consensus on the draft and no vote was taken.

It is not likely that negotiations on a Protocol on Cluster Munitions will resume in the CCW framework in the immediate future. Ireland will continue to promote the full implementation and universalisation of the Convention on Cluster Munitions and looks forward to the fulfilment of our role, in conjunction with the Lao Peoples' Democratic Republic, as the Convention's Co-ordinator on Clearance.

Diplomatic Representation

Simon Harris

Question:

60 Deputy Simon Harris asked the Tánaiste and Minister for Foreign Affairs and Trade the total funding granted to the Irish embassy in Malawi for 2008 to 2012, inclusive; the total staff complement in the embassy; if he will further give an itemised list of the number and nature of consular assistance incidents by embassy staff for these years in tabular form; and if he will make a statement on the matter. [10139/12]

Minister of State at the Department of Foreign Affairs and Trade (Deputy Joe Costello)

Ireland's Embassy in Malawi was established in 2007. The opening of the Embassy coincided with the decision to designate Malawi as a priority country for the aid programme, with a commitment to the provision of long term strategic assistance.

The table below sets out the annual funding levels for the aid programme in Malawi since 2008. It also provides information on the number of Irish and permanent locally-recruited staff, who plan, manage, monitor, evaluate and audit the aid programme. Additional temporary staff are recruited on contract from time to time to meet the requirements in specific aid programme areas. The table sets out also the number of consular assistance incidents dealt with by the Embassy since 2008. As regards the nature of these incidents, the Deputy will appreciate it would not be appropriate to disclose information that may identify the personal details of Irish citizens.

The Embassy provides a full consular service to Irish citizens in Malawi. Assistance is provided to persons in cases of deaths, thefts and robberies, medical emergencies, passports, visas, and foreign birth registrations.

The Embassy also provides updates to Irish citizens on matters of personal safety and security, both generally and as situations of concern arise.

Year	2008	2009	2010	2011	2012
Total Funding (includes Programme and administration)	€10,958,000	€11,960,000	€11,633,000	€12,472,679	€11,547,825 (approved budget)
Total Permanent Staff Complement in the Embassy	4	5	5	4	4
Number of consular assistance incidents	1	1	0	1	1 (to date)

Northern Ireland Issues

Clare Daly

Question:

61 Deputy Clare Daly asked the Tánaiste and Minister for Foreign Affairs and Trade if he will raise the matter of the statements made by prominent Irish-American individuals and groups regarding the Boston College tapes with the US Attorney General. [10235/12]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore)

As the issue of the Boston College oral archive is currently the subject of ongoing legal proceedings before the courts in the United States, it would be inappropriate for the Government to comment on this matter at present.

Human Rights Issues

Seán Ó Fearghaíl

Question:

62 Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Foreign Affairs and Trade if cognisant to the fact that the Irish Government became the standard bearer for human rights defenders during their EU Presidency in 2004 through the adoption of EU guidelines, if he will propose to further act on this in the course of his Chairmanship of the Organisation for Security and Co-operation in Europe; and if he will make a statement on the matter. [10292/12]

Seán Ó Fearghaíl

Question:

63 Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Foreign Affairs and Trade if he is familiar with the case of a person (details supplied) in Uzbekistan, a human rights defender and journalist; if he has or will raise the issue of the imprisonment of this person directly with the authorities in Uzbekistan; if he will further raise the issue with his EU colleagues and the European Union and the Organisation for Security and Co-operation in Europe; and if he will make a statement on the matter. [10293/12]

Seán Ó Fearghaíl

Question:

64 Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Foreign Affairs and Trade if he is familiar with the case of human rights defender (details supplied) in Kyrgyzstan; if he has or will raise the issue of the imprisonment of this person directly with the authorities in Kyrgyzstan; if he will further raise the issue with his EU colleagues and the European Union and the OSCE; and if he will make a statement on the matter. [10294/12]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore)

I propose to take Questions Nos. 62 to 64, inclusive, together.

As stated in my reply to Question No. 138 on 21 February 2012, Human Rights are, and have always been, a priority of successive Irish Governments and a central part of our foreign policy. Ireland attaches considerable importance to the vital work of human rights defenders and condemns all acts or threats of violence against organisations and individuals working to protect human rights. Ireland, along with our partners in the EU, is committed to promoting human rights and to eliminating torture and mistreatment of prisoners. The EU makes detailed representations regularly in response to executions, extrajudicial killings, arrests of human rights activists and restrictions on freedom of expression.

In 2004, during Ireland's Presidency of the EU, a set of EU Guidelines for the protection of Human Rights Defenders were formulated. Our Presidency gave us the unique opportunity to bring the issue of Human Rights Defenders centre stage. The guidelines ensure that EU Missions outside the EU monitor, report, and assess the situation of Human Rights Defenders. They outline the steps required to ensure that pressure on the relevant authorities, where necessary, remains high. Ireland is also currently a member of the EU Human Rights Working Group's Task Force on Human Rights Defenders, which looks at practical ways of implementing the Guidelines and making them more effective.

At the United Nations, Ireland has committed to support Human Rights Defenders in line with the UN Declaration on Human Rights Defenders. This Declaration was adopted by consensus by the UN General Assembly in 1998, and it remains the normative basis for international efforts for human rights defenders. Ireland has consistently taken the lead in negotiating resolutions at the United Nations General Assembly to ensure human rights defenders can operate in an environment free from hindrance and insecurity. Ireland actively promotes the work of Human Rights Defenders at the Human Rights Council. We have acted as burden sharer on behalf of the European Union to secure the renewal of the special procedures mandate for Special Rapporteur on the situation of Human Rights Defenders and on resolutions which ensure that the spirit of the 1998 Declaration on Human Rights Defenders is adhered to.

The Organisation for Security and Cooperation in Europe (OSCE) has accumulated a substantial body of commitments in the fields of human rights, democracy and the rule of law. The participating States of the OSCE have long recognised the importance of Human Rights Defenders in helping States to meet the human rights standards to which they have committed. The recognition of civil society and the role NGOs play in promoting respect for human rights was first reflected in the 1975 Helsinki Final Act and has been reaffirmed since then in many OSCE commitments. Specific commitments in relation to Human Rights Defenders were first made in 1994, when participating States emphasised the need for their protection.

In 2007, a "Focal Point on Human Rights Defenders and National Human Rights Institutions" was created within the OSCE's Office for Democratic Institutions and Human Rights (ODIHR). The Focal Point runs training for human rights defenders aimed at developing monitoring and advocacy skills and supports the development of networks of human rights defenders. In my capacity as Chairperson-in-Office of the OSCE in 2012, I am committed to ensuring that the OSCE supports Human Rights Defenders in the most effective way, and will explore the opportunities for strengthening OSCE engagement, within the limitations imposed by consensus decision-making in the OSCE.

I am aware of the cases of Mr. Dilmurod Saidov of Uzbekistan and Mr. Azimjan Askarov, an ethnic-Uzbek in Kyrgyzstan.

Mr. Saidov, an independent Uzbek journalist and member of the Ezgulik Human Rights Organisation, who has written about corruption and abuse of power by local officials, and about social and economic problems in the Samarkand region, was sentenced to twelve-and-a-half years imprisonment in a closed trial in 2009, on charges of extortion and forgery. At the time of the trial, the OSCE Representative of the Freedom of the Media wrote to the Uzbek Foreign Minister expressing alarm at the extremely harsh sentence, following a trial which did not meet international standards of fair procedure. I welcome Uzbekistan's commitment to pursue numerous reforms in the Universal Periodic Review procedure of the United Nations Human Rights Council in March 2009 and urge the Uzbek authorities to review his case.

Mr. Azimjan Askarov has received a life sentence in prison on charges of organizing mass disorder, inciting inter-ethnic hatred, hostage-taking, and incitement to murder during violence in southern Kyrgyzstan in June 2010. Concerns have been expressed regarding over-reliance on police evidence, and the failure of the authorities to adequately address the intimidation of defence witnesses and lawyers, to consider exculpatory evidence, and to effectively follow-up on indications of possible torture. Concerns have also been expressed about Mr. Askarov's health. On 20 December 2011, Ambassador Janez Lenarcic, the Director of ODIHR, expressed dismay over a Supreme Court decision to uphold the life sentence imposed by lower courts, referring to the serious violations of Askarov's right to a fair trial. In a statement released on 22 December, UN High Commissioner for Human Rights, Ms Navi Pillay, said it was particularly alarming that the Supreme Court judges had failed to consider claims that confessions had been extracted under duress. On 10 January 2012, the EU delegation in Kyrgyzstan issued a statement calling upon the Kyrgyz authorities to consider all possible ways to re-examine the case of Mr. Askarov and his co-defendant, noting reports of serious violations of legal procedures. I have been closely monitoring this case in recent weeks and we have communicated our concerns to the Government of Kyrgyzstan. I hope that the new Government will give the case the most careful consideration.

Seán Ó Fearghaíl

Question:

65 Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Foreign Affairs and Trade if he is familiar with the case of a human rights defender (details supplied) of Bahrain; if he has or will raise the issue of the imprisonment of this person directly with the authorities in Bahrain; if he will further raise the issue with his EU colleagues and the European Union; and if he will make a statement on the matter. [10295/12]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore)

I have already made clear on a number of occasions, including in this House, my own deep concern and that of the Irish Government and people at the human rights situation in Bahrain. I therefore welcomed the publication of the report of the Bahrain Independent Commission of Inquiry and the significant steps taken by the Bahraini authorities to implement the recommendations of the report, including the establishment of a follow-up commission. It is essential that the Bahraini authorities address the serious shortcomings identified in the report in a timely, transparent and thorough manner, and I call on all sides to participate in the work of the follow-up commission as part of a process of national reconciliation founded on constructive dialogue. I particularly urge the Bahraini authorities to hold accountable those who, according to the report, were responsible for violations of human rights. The Ambassador in Riyadh has relayed my concerns regarding the human rights situation to the Bahraini authorities including with regard to the case of Mr. Abdulhadi Al-Khawaja and will continue to do so at every opportunity. Ireland has also been active in ensuring the EU remains focussed on the situation in Bahrain and the EU demarched the Bahraini authorities last month urging the authorities to release political detainees. Mr. Al-Khawaja is a leading Bahraini human rights activist and a former Frontline coordinator who was arrested in April 2011 for his alleged role in the unrest in Manama last year. On 22 June 2011, after violent abuse in detention which resulted in serious head injuries requiring urgent medical treatment, Mr. Al-Khawaja was sentenced to life imprisonment. As I have stated previously, I do not believe that Mr Al-Khawaja received a trial meeting international standards. His trial was conducted in circumstances closely resembling a military trial — civilians should be tried in ordinary civilian courts. I continue to regard the life sentence imposed upon him as appalling.

I welcome the reforms that have been introduced in Bahrain since the 2011 uprising but I regret that Mr. Al-Khawaja remains in detention. There is an urgent need for an investigation into the circumstances surrounding Mr. Al-Khawaja's arrest, detention and subsequent trial. I will continue to monitor developments in this case closely.

Diplomatic Representation

Thomas P. Broughan

Question:

66 Deputy Thomas P. Broughan asked the Tánaiste and Minister for Foreign Affairs and Trade when he expects to appoint ambassadors to the Irish embassies in Belgium, Estonia and Sweden which are currently without ambassadors; if he is completely reviewing the Swedish Mission in view of the abrupt closure of the Dublin Swedish embassy; and if he will make a statement on the matter. [10306/12]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore)

The Government recently made arrangements to appoint Mr. Eamonn Mac Aodha, previously Chief Executive of the Irish Human Rights Commission on secondment from my Department, as Ireland's new Ambassador to Belgium and Mr. James Carroll, formerly Irish Representative to the Palestinian Authority, as our new Ambassador to Sweden. Both Ambassadors have already taken up duty at their new posts. Mr. Peter McIvor has been Ambassador to Estonia since August 2010. The Government believes that there is a net benefit to the State in maintaining a resident Embassy in Stockholm. As well as our common engagement on the European Union agenda, Ireland has substantial economic interests in Sweden, which is a valuable source of inward investment and tourism. Ireland's trade surplus with Sweden is calculated at €340 million (exports of €670 million compared with imports of €330 million) and the Swedish economy, one of the best performing in the EU, continues to present significant opportunities for Irish exporters. There are currently no plans to alter the size or nature of Ireland's representation to Sweden, which is modest by any standards. The Embassy comprises an Ambassador at Counsellor level and a Third Secretary, supported by three local administrative staff.

Personal Debt

James Bannon

Question:

67 Deputy James Bannon asked the Minister for Finance if he will provide figures in relation to the numbers of households which are now in mortgage arrears for three months or more; the number of persons who are really unable to pay their mortgage; the number on interest-only payments; the number who have not paid their mortgage in 12 months; the number of repossession cases before the courts; and if he will make a statement on the matter. [10091/12]

Minister for Finance (Deputy Michael Noonan)

Figures published by the Central Bank on 17 February 2012 show that at the end of December 2011, there were 768,917 private residential mortgages accounts held in Ireland. Of these, 70, 911 accounts, were in arrears for more than 90 days and of that figure 53,086 were in arrears for over 180 days.

The published figures also show that, during the quarter ended December 2011, legal proceedings were issued to enforce the debt/security on a mortgage in 95 cases. 187 court proceedings were concluded in the quarter, of which the courts granted orders for possession /sale in 109 cases and 133 properties were taken into possession by lenders during the quarter, of which 50 were repossessed on foot of Court Orders and the balance following voluntary surrender or abandonment.

The data also shows that there was a total stock of 74,379 accounts that were categorised as restructured at the end of December 2011. Arrangements whereby at least the interest only portion of the mortgage is being met account for just over half of all restructured type.

For more detailed information, the Deputy should consult the relevant press release on the Central Bank's website: www.centralbank.ie.

Tax Reliefs

Frank Feighan

Question:

68 Deputy Frank Feighan asked the Minister for Finance if he will confirm the one year certificate in agriculture FETAC certificate in agriculture (Teagasc) is adequate requirement for relief from stamp duty under the provision for young trained farmers relief of the Stamp Duty Consolidation Act 1999 in respect of deed of transfer of lands from father to son, in view of the fact this was an acceptable document for relief on deed transfer in January 2005 in respect of same family. [10337/12]

Minister for Finance (Deputy Michael Noonan)

I am informed by the Revenue Commissioners that qualification for the Young Trained Farmers Relief from Stamp Duty (Section 81/Section 81A and currently Section 81AA Stamp Duties Consolidation Act 1999) is dependent upon satisfaction of several conditions. Holding a One Year Certificate in Agriculture forms only one part of the qualifying conditions and possession of this qualification alone does not or did not meet the statutory requirements for entitlement to the relief as set out in the Sections above. The full requirements are set out in Revenue booklets SD2, SD2A and SD2B. For further clarification the customer may contact Revenue Stamping District, Dublin Castle or telephone 1890 48 25 82.

Financial Services Regulation

Peter Mathews

Question:

69 Deputy Peter Mathews asked the Minister for Finance his views on a matter regarding financial regulation (details supplied); and if he will make a statement on the matter. [10000/12]

Minister for Finance (Deputy Michael Noonan)

The Central Bank wrote to all mortgage lenders in 2010 to ascertain whether they were offering, or intended to offer, a mortgage product that would allow home owners to sell their existing home and transfer the negative equity portion of the original loan to the new loan. In order to ensure that proposals in relation to such mortgages are consistent with the Central Bank's consumer protection and prudential policy objectives, the proposed criteria for any such facility would need to be agreed in advance between mortgage lenders and the Central Bank. In response to that letter, only a small number of mortgage lenders said that they would consider offering such a facility. The Central Bank continues to engage with lenders on these products.

Products involving the transfer of the negative equity portion of loans need to be introduced in a careful and controlled manner having regard to the long term interests and indebtedness positions of the consumers involved given the lack of certainty concerning future property prices. In this context, I am informed by the Central Bank that any institution offering such a facility may only do so in accordance with criteria agreed in advance with the Central Bank.

Tax Collection

Noel Harrington

Question:

70 Deputy Noel Harrington asked the Minister for Finance if the Revenue Commissioners have raised any issues of concern with County Cork Vocational Education Committee in respect of the payments of PAYE, PRSI, USC, holiday pay and pensions during the past five years; and if he will make a statement on the matter. [10054/12]

Minister for Finance (Deputy Michael Noonan)

For reasons of taxpayer confidentiality, the Revenue Commissioners are not in a position to issue a response to the question raised.

National Asset Management Agency

Pearse Doherty

Question:

71 Deputy Pearse Doherty asked the Minister for Finance if it is possible for a loan to go into the National Asset Management Agency at half the value, the developer then to sell the asset at a higher figure, pay NAMA the discounted amount and pocket the balance; and if he will make a statement on the matter. [10061/12]

Minister for Finance (Deputy Michael Noonan)

I am informed by NAMA that the scenario outlined by the Deputy is not part of any arrangement that the Agency has approved, or would approve, with a debtor. A debtor must receive NAMA's approval to the proposed sale price of any asset that has been targeted for disposal. It also requires debtors to conduct sales using a competitive sales process aimed at maximising the price achieved on the sale. The process and the resultant flow of funds is closely monitored by NAMA. The proceeds of such sales are directly applied to reducing the debtor's outstanding indebtedness.

I am informed by NAMA that where debtors fully co-operate with NAMA it is considering, in some cases, the introduction of incentivisation arrangements which are intended to achieve the best result for NAMA. I understand from NAMA that these arrangements are still being developed by the agency. However it is possible that where a debtor achieved a key financial milestone, such as the payment of all NAMA's loan acquisition costs plus 10 per cent, it could be possible to put an incentive arrangement in place to enable him to retain a small percentage of every euro achieved above that financial milestone.

If a debtor is not incentivised to achieve a return in excess of a minimum target set by NAMA, the agency believes it will get very little over and above that target. The objective of the incentive is to get the debtor working not so much for himself but for the taxpayer and NAMA.

Tax Reliefs

Details of NTMA salaries at end-January 2012, as provided by the Agency, broken down by the salary bands that have previously been used in relation to pay in the NTMA group, are as follows:

Salary Band	Number of Staff
Up to €100,000	306
From €100,001 to €150,000	96
From €150,001 to €200,000	29
From €200,001 to €250,000	4
Over €250,000	12

Tax Code

Eoghan Murphy

Question:

75 Deputy Eoghan Murphy asked the Minister for Finance further to Parliamentary Question No. 47 of 9 February 2012, if he will consider the possibility of introducing a tax-free weekend in either August or September of each year to be applied solely to personal computers and related products and to do so by way of reducing VAT to 1% on such products in order to assist students in purchasing the necessary equipment for the coming academic year. [10127/12]

Minister for Finance (Deputy Michael Noonan)

As outlined in my previous response to the Deputy, VAT is governed by the EU VAT Directive, with which Irish VAT law must comply. The VAT Directive provides that the supply of goods and services by taxable persons is subject to VAT, unless specifically exempted under its terms. The terms of the Directive do not provide for variations in VAT treatment for specific periods and as such it is not possible to provide for a scheme of the kind proposed.

Furthermore, it is not possible to apply a VAT rate of 1% to any good or service as the VAT Directive provides that a minimum reduced rate of 5% apply and only in relation to set goods and services listed in Annex III of the Directive. Personal computers and related products are not listed in Annex III and as such the standard VAT rate of 23% must apply to them.

Tax Reliefs

Seamus Kirk

Question:

76 Deputy Seamus Kirk asked the Minister for Finance if in circumstances in which family members contribute to the repayments of distressed mortgages whether they are entitled to tax relief even if the property is not registered in their own name; and if he will make a statement on the matter. [10180/12]

Minister for Finance (Deputy Michael Noonan)

The position is that tax relief is available, at varying rates and subject to certain ceilings, in respect of interest paid by an individual on a loan used by that individual for the purchase, repair, development or improvement of his/her sole or main residence or the sole or main residence of his/her former or separated spouse (or civil partner). An individual may also claim tax relief on interest paid on a loan used by him or her in the purchase, repair, development or improvement of the sole or main residence of:

(a) his or her widowed parent and/or widowed parent in law; and

(b) a relative of his or her where such relative is incapacitated by old age or infirmity from maintaining himself or herself.

There is no provision in tax law to grant tax relief to family members on loan interest paid by them on behalf of another family member.

Personal Debt

Sean Fleming

Question:

77 Deputy Sean Fleming asked the Minister for Finance if he will set out on a monthly or quarterly basis, on a lender by lender basis those lenders that have informed the Revenue Commissioners when a person's mortgage arrears exceed an 18 month period and when based on the information the Revenue determined having regard to the particular circumstances whether interest relief should continue to be paid or ceased; the number of mortgage holders involved and the amount of mortgage interest relief that was discontinued by the Revenue; and if he will make a statement on the matter. [10249/12]

Minister for Finance (Deputy Michael Noonan)

Unfortunately, it was not possible to collate the information required for this answer in the time allowed. I will provide the Deputy with the answer in writing shortly.

National Asset Management Agency

Gerry Adams

Question:

78 Deputy Gerry Adams asked the Minister for Finance the companies that provide valuations of property for the National Asset Management Agency; if any of the directors of these companies are employees of NAMA; the names of these persons and the position they hold in NAMA; his views that a conflict of interest arises in this situation; and if he will make a statement on the matter. [10261/12]

Minister for Finance (Deputy Michael Noonan)

The providers of property valuation services to NAMA are listed on the Agency's website at www.nama.ie. NAMA informs me that it has recruited its staff largely from the banking, financial and property sectors nationally and internationally and that many of them will have been employed, at some stage in their careers, by one or more of the companies and firms that operate in those sectors.

NAMA assures me that it takes all necessary steps to ensure that conflicts of interest do not occur. Under Section 42 of the NAMA Act, before he or she is assigned to NAMA, each officer is required to provide a statement of his or her interests, assets and liabilities. When procuring services, the Agency ensures that potential conflicts of interest are managed effectively and that staff do not participate in decisions which may involve the allocation of work to companies for which they worked previously.

The Agency also advises that NAMA staff are precluded from being directors of commercial entities.

Tax Code

Olivia Mitchell

Question:

79 Deputy Mary Mitchell O’Connor asked the Minister for Finance regarding the charging of VAT for the provision of medical doctors to the public health service by recruitment agencies, the reason VAT is chargeable on the salary earned by the doctor and not just on the agency’s fee in view of the fact that all of these doctors are independent contractors providing a medical service to the public health system and therefore like other medical services should be VAT exempt, the agency manages the schedule of these doctors and provides the link with the recruiting hospital, but does not directly employ them, therefore making them different to other categories of health care staff; and if he will make a statement on the matter. [10264/12]

Olivia Mitchell

Question:

80 Deputy Mary Mitchell O’Connor asked the Minister for Finance regarding the charging of VAT for the provision of medical doctors to the public health service by recruitment agencies, the reason VAT is chargeable on the salary earned by doctors at 23% when many hospitals are under severe budgetary pressure and one extra doctor could be recruited by the VAT paid on just four doctors; and if he will make a statement on the matter. [10265/12]

Olivia Mitchell

Question:

81 Deputy Mary Mitchell O’Connor asked the Minister for Finance his views that charging public sector bodies VAT does not earn money for the Exchequer in view of the fact that it all comes out of the public purse and the processing of said VAT places a huge administrative burden on organisations, therefore increasing costs and reducing revenue to the Exchequer; and if he will make a statement on the matter. [10266/12]

Minister for Finance (Deputy Michael Noonan)

I propose to take Questions Nos. 79, 80 and 81 together.

I am advised by the Revenue Commissioners that VAT is chargeable on the supply of goods and services within the State by a taxable person. The charge to VAT arises regardless of whether the person who is supplied with the goods or services is VAT-registered, exempt from VAT or a private individual. The charging of VAT on supplies of goods and services to public sector bodies is in accordance with the VAT Consolidation Act 2010 (as amended) and the EU VAT Directive 2006/112/EC with which domestic VAT legislation in all Member States must conform.

The Revenue Commissioners are conscious of the compliance burden associated with collecting and accounting for fiduciary taxes and have, in recent years, responded by making it easier to comply through the provision of improved information and the availability of more electronic channels of communication.

The supply of a professional medical care service, as supplied by the public health service, is an exempt activity for the purposes of VAT in accordance with both national and EU legislation. The consequences of the activity being exempt from VAT is that health service providers do not charge VAT on fees charged to patients and health service providers cannot recover VAT charged to them on their inputs. The European Court of Justice has interpreted medical care services as those services that are carried out for the purposes of protecting, including maintaining or restoring, a patient's health, or diagnosing, treating, and if possible, curing diseases and health disorders.

Recruitment agencies do not provide medical care services. Rather, they provide staff to suppliers of medical care services. The provision of staff, including doctors, is a service that is liable to VAT at the standard rate, currently 23%. Where a recruitment agency supplies doctors to a public health service, and that doctor remains an employee of the recruitment agency rather than becoming an employee of the health service, then VAT must be charged on the total amount that the recruitment agency is entitled to receive from the health service for the supply of the doctor.

Fiscal Policy

Bernard J. Durkan

Question:

82 Deputy Bernard J. Durkan asked the Minister for Finance the extent to which all of his EU colleagues both inside and outside the eurozone are likely to commit themselves to the principles set out in the fiscal stability compact; the implications arising from failure to do so in either context; and if he will make a statement on the matter. [10269/12]

Minister for Finance (Deputy Michael Noonan)

This is a matter for each Member State concerned but I have no reason to doubt that all those Member States that sign up to the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union will commit themselves to the principles contained in it. Of course, if a Member State does not comply with its requirements it can be held to account and may, for example, be brought before the Court of Justice of the European Union for failing to comply with Article 3(2) of the Treaty.

Bernard J. Durkan

Question:

83 Deputy Bernard J. Durkan asked the Minister for Finance the extent to which the economic fundamentals have changed in the course of the past five years with particular reference to the need to achieving established and-or accepted targets for borrowing, lending, growth and debt ratios; and if he will make a statement on the matter. [10270/12]

Minister for Finance (Deputy Michael Noonan)

The last number of years have been very difficult for the Irish people. The economy contracted in real terms by 10 per cent between 2007 and 2010 and this has been accompanied by severe fiscal and banking crises. Reflecting the substantial improvements in competitiveness which have taken place in recent years the economy returned to growth during 2011. We are also seeing a resumption of inward Foreign Direct Investment which points to the fact that many of the underlying strengths of our economy remain, including a well-educated workforce, favourable demographics, an open and flexible economy and a pro-enterprise environment.

Of course there are many challenges which we still face and it will take time to work through the legacies of the crisis. Not least of these is the high level of Government debt which we have accumulated as a result of the substantial fiscal deficits that were recorded in each of the last four years and the very significant costs of providing support to the banking sector. Substantial corrective action has been taken to return stability to the public finances and while the General Government Debt is now forecast to peak at 119 per cent of GDP next year, it is expected to decline to 115 per cent by 2015 based on current projections. We are also on track to bring the deficit below 3 per cent of GDP by 2015, in line with the targets set out under our EU/IMF Programme of Financial Support.

In relation to targets for bank-lending, 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 €16-20 billion 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. The pillar banks are required to submit their lending plans to the Department and the Credit Review Office (CRO) at the beginning of each year, outlining how they intend to achieve their lending targets. The banks also meet with the Department and the CRO on a quarterly basis to discuss progress.

National Asset Management Agency

Bernard J. Durkan

Question:

84 Deputy Bernard J. Durkan asked the Minister for Finance the extent to which a careful appraisal has been done in respect of properties now in the care of the National Asset Management Agency; the degree to which a balance can be achieved in the disposal of such properties with maximum regard for the interests of the taxpayer while at the same time ensuring that the process does not lead to an escalation in property prices which caused the economic collapse in the first instance particularly in the wake of the recapitalisation of the banks; and if he will make a statement on the matter. [10271/12]

Minister for Finance (Deputy Michael Noonan)

I am informed by NAMA that as part of the process of acquiring land, development and associated loans from the participating institutions it carried out a rigorous due diligence exercise. This included a legal review of title to the property; an evaluation of the value of the property underpinning the loan and other features of the loan agreement such as the level of income that the loan generated. NAMA assures me therefore that there has been a thorough examination of all the property assets it has acquired and this helps inform its strategy towards the disposal of these assets. NAMA's core commercial objective is to recover for the taxpayer whatever it has paid for the acquired assets in addition to whatever it has invested to enhance property assets underpinning these loans. NAMA will develop strategies to achieve its objectives in the context of the broader purposes of the NAMA Act 2009 taking account of the need to contribute to the social and economic development of the State.

A significant element of the assets acquired by NAMA are outside the State and their disposal will not impact on property prices within the State. As regards the domestic property market, NAMA is in the process of developing a range of strategies for the different types of property which underpin its loans. For example, it is developing a stapled finance product and considering the possibility of Qualified Investment Funds for its commercial property assets and considering other mechanisms to deal with domestic property assets. It is also working to attract international capital into the domestic property market. The Chairman of NAMA has indicated that the loan portfolio will be managed in a structured way by the Agency.

By adopting a multi pronged strategy to deal with the wide variety of assets and given the current weakness of the domestic property market, the likelihood of NAMA contributing to a significant escalation in property prices is minimised. With the steep and ongoing decline in both commercial and residential property prices since 2007, the more immediate challenge facing these markets is to achieve some degree of price stability and an increase in transactional activity and liquidity. NAMA considers that one of its roles over the coming years is to contribute to a renewal of sustainable activity in the Irish market.

Bernard J. Durkan

Question:

85 Deputy Bernard J. Durkan asked the Minister for Finance the extent to which it is hoped to dispose of properties held by the National Asset Management Agency in the short, medium and long term given the views expressed during the course of debate on the relevant legislation to the effect that property price inflation over a ten year period would result in a profit for the organisation; if this is likely to happen in view of the overvalued property sector at the time; and if he will make a statement on the matter. [10272/12]

Minister for Finance (Deputy Michael Noonan)

In its Business Plan published in July 2010, the Board of NAMA set out its debt repayment schedule. This is set out in the following table:

Debt Reduction Targets
Year	% of NAMA debt paid down
2013	25%
2015	40%
2017	80%
2018	95%
2019	100%

NAMA ran a number of scenarios which projected the Net Present Value outcome of its activities over its expected lifespan. The baseline Scenario A was based on expected asset recovery values at that time. The results are summarised below:

	Scenario ARecovery of long-term economic value	Scenario BRecovery of long-term economic value plus 10%	Scenario CRecovery of long-term economic value less 10%
Amount recoveredfrom Assets	€44.7 billion	€49.2 billion	€40.2 billion
Amount of debtsecurities to beredeemed by NAMA	€40.5 billion	€40.5 billion	€38.5 billion
Net Present Value	€1.0 billion	€3.9 billion	-€0.8 billion

NAMA in its Annual Statement for 2012, which I recently laid before both Houses of the Oireachtas in accordance with the provisions of Section 53 of the National Asset Management Agency Act 2009, makes clear that asset recovery is not just dependent on sales of property.

This Statement, which is also available on the NAMA website at www.nama.ie, sets out NAMA’s objectives for 2012, which are (i) to make further progress towards achieving its overarching objective of the best achievable financial return for the State and (ii) to conduct its commercial activities in co-ordination with the objective of contributing to the economic and social development of the State.

There are a number of strategies that NAMA will pursue to achieve its objectives, of which the main ones are:

To agree detailed asset sales schedules with debtors,

To optimise NAMA cash flow from loans and debtors,

To adopt an active loan sales strategy,

To attract international investor capital,

To increase market activity in both commercial and residential property markets, through a number of initiatives.

Clearly, the rate of progress in the sales process will be impacted by the demand in the market and the availability of purchasers.

I understand that the NAMA Board is currently reviewing strategy to take account of developments since July 2010 when its Business Plan was published.

Financial Services Regulation

Bernard J. Durkan

Question:

86 Deputy Bernard J. Durkan asked the Minister for Finance the likely criteria to be applied in the future in respect of stress testing of mortgage applicants with particular reference to the need to have due regard for the established principle of a repayment capacity of approximately two and a half times the income of the borrower; the way it might be expected that this part of the mortgage market might be funded in future given the experience of the past ten years; and if he will make a statement on the matter. [10273/12]

Minister for Finance (Deputy Michael Noonan)

The Central Bank has in place a Consumer Protection Code (the Code). This Code applies to all financial institutions regulated by the Central Bank (regulated entities). If a regulated entity is selling a financial product, including a mortgage, to a person who is a "personal consumer" for the purposes of the Code, then the regulated entity may only sell a mortgage product that is suitable for the consumer based on the information that has been supplied by the consumer.

Provision 5.9 of the Code requires that prior to offering, recommending, arranging or providing a credit product to a personal consumer, a lender must carry out an assessment of affordability to ascertain the consumer's likely ability to repay the debt, over the duration of the agreement. In the case of all mortgage products provided to personal consumers, the results of a test on the personal consumer's ability to repay the instalments, over the duration of the mortgage agreement, on the basis of a 2% interest rate increase, at a minimum, above the interest rate offered to the personal consumer must be ascertained. This test does not apply to mortgages where the interest rate is fixed for a period of five years or more.

In addition, provision 5.13 requires that a regulated entity must take account of the affordability assessment when deciding whether a personal consumer is likely to be able to repay the debt for that amount and duration in the manner required under the credit agreement. I expect that the conditions set out in the Code will continue in operation for the provision of mortgages over the coming period. A copy of the Central Bank's Consumer Protection Code is available on the Central Bank's website www.CentralBank.ie

National Asset Management Agency

Bernard J. Durkan

Question:

87 Deputy Bernard J. Durkan asked the Minister for Finance the total number of submissions received by the National Asset Management Agency for resolution or settlement in respect of debt or property portfolios; the number of such requests acceded to; and if he will make a statement on the matter. [10274/12]

I am informed by the Revenue Commissioners that the table included with this reply represents the number of repayments made to PAYE taxpayers for 2007 to 2011. These repayments represent those cases for which a review of taxpayers' details resulted in a PAYE refund following claims from the taxpayer for credits or reliefs to which they are entitled. I am further informed that the total amount refunded is exclusive of mortgage and medical insurance relief, which are granted at source. The relevant figures for 2012 to date are not yet available. The total amount of PAYE paid to the Exchequer in 2011 was almost €8.5 billion.

Year	No. of Reviews	Repayments (millions)
2007	1,182,679	622
2008	1,289,598	719
2009	1,415,133	795
2010	1,219,860	583
2011	Not yet available	558

Regarding rejected refunds, I am further informed by Revenue that since the launch of its real-time risk framework system in July 2011, some 43,200 refund claims, to the value of approximately €43.5million, have been examined and of these, approximately 4,500 claims with a value of almost €5 million have been disapproved to date.

Fiscal Policy

Bernard J. Durkan

Question:

91 Deputy Bernard J. Durkan asked the Minister for Finance how it is intended to ensure compliance throughout the eurozone countries with the terms and conditions of the fiscal stability compact in view of the experience of non-compliance with the previous Stability and Growth Pact; if provision is likely to be made for latitude in respect of the 0.5% debt-growth ratios contained in the compact in the event of it being expedient for one or more countries in certain circumstances to breach this restriction; and if he will make a statement on the matter. [10278/12]

Minister for Finance (Deputy Michael Noonan)

The Fiscal Compact requires that fiscal rules — covering targets for the structural balance, automatic correction mechanisms, etc — take effect in national law. This is an important provision as it encompasses greater ownership in ensuring the appropriate conduct of fiscal policies at national level. This is how compliance will be ensured. In terms of the deficit target, the structural deficit of each Member State will need to be at its country-specific medium term objective (MTO), and member states are required to ensure rapid convergence towards their MTOs. These requirements are in line with the revisions to the Stability and Growth Pact, contained in the so-called "six-pack" of legislative reforms. The timeframe for convergence towards the MTO will be proposed by the Commission taking into account country-specific sustainability risks. Member States can only temporarily deviate from their MTOs only in exceptional circumstances.

Currency Circulation

John Paul Phelan

Question:

92 Deputy John Paul Phelan asked the Minister for Finance the amount of currency in circulation in Ireland in 1990, 1995, 2000, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011; the location from whence the money came in the years that show a significant increase; the level of Government borrowing during years with a currency increase; the person who authorised the decrease of currency in circulation in recent years and the reason for same; and if he will make a statement on the matter. [10302/12]

Minister for Finance (Deputy Michael Noonan)

The information requested by the Deputy is set out in the tables that follow this reply. The Deputy will note that there has been no decrease in the net issuance of currency over the period shown. The tables show Irish banknote and coin circulation for end-1990, 1995 and 2000 and euro banknote and coin net issuance for 2003 to 2011. As the euro circulates freely throughout the euro system, it is not possible to give a euro circulation figure for any one eurozone country. Net issuance is the difference between the cumulative total value of banknotes and coin issued by the Central Bank of Ireland and the cumulative total value of banknotes and coin returned to the Central Bank of Ireland since the introduction of the euro. The European Central Bank is responsible for the strategic planning and co-ordination of the production and issuance of euro banknotes. Euro banknotes are put into circulation by eurozone National Central Banks according to demand. Coins are issued by the Central Bank of Ireland, according to demand.

IR£
Year	Currency in Circulation(Value in IR£ Millions)	Government Borrowing(Value in IR£ Millions)
1990	1,477	488
1995	1,944	627
2000	3,976	0

Euro
Year	Currency Net Issuance(Value in Euro Millions)	Government Borrowing(Value in Euro Millions)
2003	8,191	979
2004	11,484	0
2005	14,172	499
2006	17,421	0
2007	20,870	1,638
2008	23,850	12,714
2009	26,084	24,641
2010	27,924	18,744
2011	29,061	24,917

Departmental Staff

Thomas P. Broughan

Question:

93 Deputy Thomas P. Broughan asked the Minister for Finance when he expects to appoint a Secretary General to his Department; and if he will make a statement on the matter. [10304/12]

Minister for Finance (Deputy Michael Noonan)

The recruitment process is ongoing. I intend to make an announcement when the Government decides on the matter.

National Asset Management Agency

Gerry Adams

Question:

94 Deputy Gerry Adams asked the Minister for Finance the fees paid to companies who provide property valuations for the National Asset Management Agency; the fees for this service that were paid in each of the years since NAMA was established; and the persons who were the top ten recipients of these fees in each of the years since NAMA was established. [10308/12]

Minister for Finance (Deputy Michael Noonan)

NAMA informs me that it cannot provide all the details requested by the Deputy in the time available. NAMA has undertaken to provide me with this information within the next week and, accordingly, I will issue a reply to the Deputy at that stage.

Financial Services Regulation

Brendan Ryan

Question:

95 Deputy Brendan Ryan asked the Minister for Finance with regards to the special manager process at Newbridge credit union, County Kildare, if he will supply the numbers of the various staff of a company (details supplied) including their titles and positions with that company; the length of time he thinks the special manager process will be in place at the credit union; and if he will make a statement on the matter. [10322/12]

Minister for Finance (Deputy Michael Noonan)

Section 68(1) of the Central Bank andCredit Institutions (Resolution) Act 2011 provides that a special manager may perform his functions with the assistance of persons appointed by him or her for that purpose. The Schedule to the Special Management Order in relation to Newbridge Credit Union Ltd. gives an indication of the positions which may be held by the team of Special Manager Assistants working with the Special Manager as follows: Partner, Director, Senior Manager, Manager and Senior. The number of people working with the Special Manager from the company to which you refer will vary according to the work being undertaken by the Special Manager. The Deputy might note that the total fees to be paid to the Special Manager and his team will be subject to approval by the Court upon request by the Special Manager. This request has not been made at this point. The request would typically include sufficient information for the Court to determine if the fees are reasonable, and might include a work schedule, indicating tasks performed, hours worked, and staff levels.

The Special Management Order provides for an appointment of 6 months duration. Any change to the Special Management Order and matters outlined above require a further application to the Court.

National Asset Management Agency

Gerry Adams

Question:

96 Deputy Gerry Adams asked the Minister for Finance if he will provide a detailed breakdown of the total cost to the State of the National Asset Management Agency since its foundation; and the breakdown of the costs of each year that it has been in operation. [10323/12]

Minister for Finance (Deputy Michael Noonan)

The information which the Deputy is seeking is available in the NAMA Annual Accounts for 2010 and the NAMA Quarterly Reports for the first three quarters of 2011. These reports, all of which I have laid before the Houses of the Oireachtas, can be found on the NAMA website at www.nama.ie. It is expected that the NAMA 2011 Annual Accounts will be publicly available by mid-year.

Vocational Education Committees

Marcella Corcoran Kennedy

Question:

97 Deputy Marcella Corcoran Kennedy asked the Minister for Education and Skills the reason a person (details supplied) in County Offaly is not eligible for a training allowance; and if he will make a statement on the matter. [10105/12]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon)

The person referred to by the Deputy is attending a Vocational Training Opportunities Scheme (VTOS) course with County Offaly VEC and is in receipt of a training allowance.

Learners on VTOS courses can qualify for an additional payment of a long term training bonus of €20 per week if they have been in receipt of an eligible Department of Social Protection payment for 312 days directly before the VTOS course commencement date. Officials in my Department have been in touch with the VEC who advised that this person does not satisfy this requirement and therefore is not in receipt of the long term bonus payment.

Departmental Expenditure

Terence Flanagan

Question:

98 Deputy Terence Flanagan asked the Minister for Education and Skills if he will provide extra funding to help a school (details supplied); and if he will make a statement on the matter. [10068/12]

Minister for Education and Skills (Deputy Ruairí Quinn)

The school to which the Deputy refers is a recognised national school and attracts funding from my Department in the same way as all other national schools.

All recognised national schools running costs are met by my Departments schemes of capitation and ancillary service grants. Schools receive capitation funding in January and June, and the ancillary services grant in March.

The amount paid to an individual national school by way of capitation and ancillary services grants is determined by the school's enrolment, subject to a minimum grant in respect of schools with enrolments up to 60 and a maximum grant in the case of schools of 500 or more.

The Deputy may wish to note that Circular 40/2009 clarifies issues relating to the allocation of funding for primary schools. The circular states that capitation funding provided for general running costs and funding provided for caretaking and secretarial services may be regarded as a common grant from which the Board of Management can allocate according to its own priorities.

In due course, both grant schemes will be merged. In the interim, both grants will continue to be paid according to existing timelines and calculated separately as heretofore.

Site Acquisitions

Charlie McConalogue

Question:

99 Deputy Charlie McConalogue asked the Minister for Education and Skills the position regarding a development (details supplied) in County Donegal; and if he will make a statement on the matter. [10075/12]

Charlie McConalogue

Question:

100 Deputy Charlie McConalogue asked the Minister for Education and Skills the position regarding a site (details supplied) in County Donegal; and if he will make a statement on the matter. [10077/12]

Minister for Education and Skills (Deputy Ruairí Quinn)

I propose to take Questions Nos. 99 and 100 together.

Officials in my Department have been in contact with Donegal VEC and Donegal County Council in relation to identifying a suitable site in the Buncrana area for a Campus Development. A number of potential sites that were identified have been deemed unsuitable for a number of reasons. However, my Department will continue to engage with the relevant stakeholders in relation to identifying a suitable site. The acquisition of a site will be considered in the context of the capital budget available to my Department for school buildings generally.

As the Deputy is aware, the Government's Medium Term Infrastructure and Capital Investment Framework, which was published on 10th November 2011, sets out the demographic challenge facing the education system in the coming years. 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 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 that will commence construction in that time.

Local Drugs Task Forces

Michael Conaghan

Question:

101 Deputy Michael Conaghan asked the Minister for Education and Skills if he will list any mainstream drug projects which have received funding from him since 1997; and if he will detail the amount of funding provided to each scheme in each of the years 1997 to date in 2012. [10095/12]

Minister for Education and Skills (Deputy Ruairí Quinn)

Prior to 1st January 2001, drugs projects were funded through Local Drugs Task Forces by the then Department of Tourism, Sport and Recreation. Since 2001, responsibility for 36 of these projects was transferred to my Department, a process referred to as "mainstreaming". My Department issued annual allocations to the VECs in Dublin City, Dublin County and Dun Laoghaire to administer the projects.

The tables provide a list of the 36 mainstream drug projects and their annual funding as requested by the Deputy. It has not been possible to provide data, for the years 2001-03, for a small number of the projects. My Department will forward the data to the Deputy as soon as it becomes available. Funding for these projects rose significantly between 2001 and 2009.

In the context of difficult ‘Estimates' circumstances, the global allocation available for these projects in 2010 was reduced by 32%, as compared to the allocation for 2009. In the Dublin City area, a decision was taken by the VEC to prioritise those projects where frontline staff were employed. In that context, no further allocations were made by the VEC to six projects.

During 2010, my Department carried out a review of the remaining 30 projects. A number of the projects overlapped significantly with projects in the Youth Work area funded by the then Office of the Minister for Children and Youth Affairs and also with the School Completion Programme funded by this Department's Social Inclusion Unit. The review, therefore, focused on whether the projects could more appropriately and more efficiently be funded through these funding streams. Following the review:—

(a) 21 projects, by agreement and with appropriate funding, transferred to the then Office of the Minister for Children and Youth Affairs, from January 2011,

(b) Two projects ceased operation in 2010,

(c) Two projects, with funding, merged with the School Completion Programme which, during 2011, became the responsibility of the new Department of Children and Youth Affairs,

(d) The remaining five projects continue to receive allocations from my Department.

DES Allocations administered by City of Dublin Youth Services Board (CDYSB)
Project	2001 €	2002 €	2003 €	2004 €	2005 €	2006 €	2007 €	2008 €	2009 €	2010 €	2011 €	2012 €
Aishling Project**	160,000	210,065	200,137	256,035	299,342	317,438	330.136	330,136	329,389	274,013
Ballybough Youth Services*	43,000	56,455	53,786	53,786	57,114	68,096	70,820	70,820	70,659	58,781
Ballyfermot Youth Federation*	46,000	60,394	57,539	84,539	86,108	116,738	121,408	121,408	121,133	100,769
Ballymun Incentives for Youth Group	84,000	110,284	105,072	105,072	109,274	110,000	114,400	114,400	114,141	Nil	Nil	Nil
Ballymun LDTF (Minibus)	15,000	19,694	18,763	19,263	19,263	20,000	20,800	20,800	20,753	Nil	Nil	Nil
Ballymun Prev Prog. in Youth Groups	10,000	13,129	12,510	14,510	14,510	15,000	15,600	15,600	15,565	Nil	Nil	Nil
Ballymun Youth Support Workers*	60,000	78,775	75,050	95,050	110,000	125,964	131,003	131,003	130,707	108,732
Bonnybrook Youth Project*	133,000	174,617	166,363	166,363	166,363	175,036	182,038	182,038	181,626	151,092
Canal Comm. Partnership — St. Michael’s*	39,000	51,203	48,783	51,283	48,180	62,982	65,502	66,002	65,853	54,782
Bluebell Youth Initiative	107,000	140,481	133,842	134,842	140,278	156,274	162,525	160,947	160,583	Nil	Nil	Nil
Catholic Youth Care*	35,000	45,952	43,781	43,781	45,532	67,582	70,286	68,870	68,714	57,162
Charlemont Community Association*	32,000	42,013	40,029	53,529	59,228	62,982	65,502	65,502	65,354	54,367
City Quay & Westland Row (St Andrews)*	32,000	42,013	40,029	53,029	56,007	62,213	64,702	64,702	64,556	53,703
Cork St. & Maryland Comm. Project*	51,000	66,958	63,794	53,000	64,216	67,898	70,614	70,614	70,659	58,610
Crumlin Stay in School Project	70,000	91,904	87,561	89,061	92,623	108,445	104,983	105,993	105,753	Nil	Nil	Nil
Finglas Youth Development Project*	60,000	78,775	75,050	79,650	112,550	123,897	128,853	129,353	129,060	107,363
Finglas Cabra Awareness — CYC*	135,000	177,243	168,867	168,867	175,621	175,621	182,646	182,646	182,233	151,596
Moatview / Fairfield (RASP Project)***	145,000	190,372	175,622	175,622	175,662	203,622	203,622	206,000	205,534	138,847	138,847	138,840
Salesian Youth Enterprises Ltd.	32,000	42,013	40,029	48,029	48,200	60,111	62,516	62,700	62,558	52,041	52,041	52,041
South West Inner City Network*	39,000	51,203	48,783	53,783	57,114	62,288	64,780	64,780	64,633	53,767
Ballyfermot Schools — Programme in Schools			18,763	18,763	18,763	20,000	20,800	20,800	20,753	Nil	Nil	Nil
Ballymun After Schools Activity Club			93,815	93,815	97,567	100,000	104,000	104,000	103,765	Nil	Nil	Nil
Mater Dei Primary School**			55,038	81,600	64,631	79,814	83,007	83,007	82,819	68,896

* With effect from January 2011, these projects transferred, with funding, to the (now) Department of Children and Youth Affairs

** These projects transferred to the School Completion Programme which became the responsibility of the Department of Children and Youth Affairs in 2011.

***With effect from 2007, allocations to the RASP project issued directly from DES

Allocations to Projects in local Drugs Task Force Areas — administered by Co Dublin VEC
Project	2001 €	2002 €	2003 €	2004 €	2005 €	2006 €	2007 €	2008 €	2009 €	2010 €	2011 €	2012 €
Blanchardstown Early School Leavers Project	52,000	68,271	65,045	82,500	86,625	90,090	93,694	93,694	93,694	59,677	59,677	59,670
Blanchardstown Peer Drug Ed. Prevention Prog.*	37,000	48,578	46,282	56,000	58,800	61,152	63,598	63,598	63,598	63,550
Clondalkin Travellers Development*	35,000	45,951	43,781	52,000	54,600	56,784	59,056	59,056	59,056	43,519
Ballyogan Youth Project*				61,475	64,549	67,131	69,817	69,817	69,817	53,575
Shanganagh Youth Project*				61,005	64,055	66,618	69,283	69,283	69,283	65,313
Youth Support in Whitechurch*	44,000	57,768	55,038	56,000	58,800	61,152	63,598	63,598	63,598	47,721
Jobstown Community College project	12,500	32,823	31,173	31,172	40,000	41,600	43,264	43,264	42,411	20,000	Nil	Nil
Killinarden Drug Primary Prevention	64,000	84,026	80,055	114,000	119,700	124,488	129,468	129,468	129,468	64,426	64,426	57,980
St Aengus Neighbourhood Youth Project*	80,000	105,033	100,068	114,000	119,700	124,488	129,468	129,468	128,468	64,226
Youth Skills/Peer Education*	35,000	45,952	43,781	55,000	57,750	60,060	62,463	62,463	62,463	44,916

* With effect from January 2011, these projects transferred, with funding, to the (now) Department of Children and Youth Affairs

Allocations to Projects in LDTF areas administered by Dun Laoghaire VEC
Project	2001	2002	2003	2004	2005	2006	2007	2008	2009	2010	2011	2012
Alternative High*				76,606	78,138	80,000	83,200	83,200	59,898	50,000
Community Training Centre*				54,811	55,814	58,000	60,320	60,320	83,200	50,000
DLR Outreach				28,565	30,340	31,500	32,760	32,760	32,760	16,000	16,000	14,400

School Curriculum

Kevin Humphreys

Question:

106 Deputy Kevin Humphreys asked the Minister for Education and Skills if his attention has been drawn to the Coder Dojo project that was first launched in Cork last year; if he will investigate the feasibility and potential benefits in introducing a subject that incorporates, computer coding, websites development, app creating, programs, in primary and second level education; and if he will make a statement on the matter. [10151/12]

Kevin Humphreys

Question:

107 Deputy Kevin Humphreys asked the Minister for Education and Skills the position regarding the progress made on the commitment in the programme for Government to introduce a digital media component to transition year programmes; and if he will make a statement on the matter. [10152/12]

Minister for Education and Skills (Deputy Ruairí Quinn)

I propose to take Questions Nos. 107 and 106 together.

I have no plans to introduce Coder Dojo into the curriculum at present. The overall approach to ICT, based on the advice of the National Council for Curriculum and Assessment is that ICT is not a subject, but rather a tool to be integrated into all aspects of teaching and learning. The Council has published a curriculum framework for ICT setting out the range of skills and learning outcomes which students should achieve. This work is supported by professional development for teachers, by digital content on the scoilnet website, and by investment in ICT infrastructure in schools.

My colleague, the Minster for Communication Energy and Natural Resources and I have committed to connecting all post primary schools to 100Mbps broadband service by the end of 2014. Reliable high speed broadband connections will allow for improved integration of ICT in learning through providing teachers and students with confidence in accessing and using media-rich educational resources hosted online.

Having Fun with Computer Programming and Games is a module on the NCCA website which has been developed for Transition Year by LERO, the Irish Software Engineering Research Centre. LERO brings together leading software engineering teams from universities and institutes of technology in a centre of excellence with a strong industry focus. Students learn to write their own programmes, animations and stories and develop computer programming and games skills using Scratch software. The lesson plans and materials needed to teach the module are available from LERO. Whether the module is offered is a matter for decision locally by schools.

To date the programme is being implemented in 50 schools and 150 have registered their interest in providing it in the future. Professional development for teachers is being provided by LERO with the support of the National Centre for Technology in Education.

I refer the Deputy to the reply provided to Parliamentary Question Numbers 1030 and 1033 of 11 January 2012.

As I previously stated, there is no definition, either in the EGF Regulations or otherwise, of what constitutes a complementary action in the context of the EGF.

The European Commission has approved all of the measures included in the six Irish applications for EGF co-financing and has to date raised no issue regarding the complementary nature of such measures. A number of other EU member states are understood from European Commission reports not to have implemented any new measures, or simply to have intensified existing measures, in the implementation of EGF programmes.

However, my Department has been very flexible in its interpretation of the term "complementarity" in its implementation of EGF programmes in Ireland to date.

In all EGF programmes to date, specific tailored interventions have been designed and provided in addition to more mainstream, established interventions. For example, a system of EGF training grants has been operated whereby EGF eligible persons may avail of privately provided training and education opportunities subject to relevant scheme requirements in addition to, or in lieu of, training and education provided through publicly funded training bodies and educational institutions. The provision of extra places in FÁS or VEC training or upskilling programmes is complementary to existing provision, as is the provision of places on other training and education programmes that are relevant to labour market needs and which are recognised through accreditation or other recognition by relevant industry sectors.

Third Level Courses

Finian McGrath

Question:

111 Deputy Finian McGrath asked the Minister for Education and Skills if he will provide an update in response to the internationalisation of higher education and plans for the future. [10228/12]

Minister for Education and Skills (Deputy Ruairí Quinn)

The Government is strongly committed to promoting Ireland as a centre for international education. The Programme for Government sets out an ambitious target of doubling international student numbers over the coming five years, through full implementation of the international education strategy, Investing in Global Relationships. It is also identified in the Action Plan for Jobs as a crucial sector for growth.

The High Level Group on International Education, which is chaired by my Department, meets on a quarterly basis and brings together the main Departments and agencies together with the education sector to co-ordinate national policy and efforts in this area.

In the past 12 months, we have taken a number of specific initiatives to promote the internationalisation of higher education, including:

The launch of a new international brand and marketing campaign for Irish education, Education in Ireland, managed by Enterprise Ireland. This new brand has been rolled out in a number of key markets, including the USA, China and Russia.

The development of agreed priority markets by the High Level Group on International Education and the development of market-specific plans.

The roll-out of market-specific initiatives, such as a trusted agents programme in India, which will rolled-out in other markets.

Ministerial level visits to strategic markets including the USA, Malaysia and Singapore and official level visits to India and Russia.

The coming period will see a targeted focus on our priority markets. This will include Ministerial-led education missions to China and India and other visits to key partners in the Gulf and Latin America. Inward visits will also be hosted from major partners in South East Asia and the Gulf.

I will also be launching an international scholarship scheme to target high-performing students in our key markets, with a view to significantly raising Ireland's profile.

School Staffing

Seamus Kirk

Question:

112 Deputy Seamus Kirk asked the Minister for Education and Skills the current staffing updates for a school (details supplied) in County Louth; in view of the rise in student numbers next year, his views on adequate staffing levels for the school; and if he will make a statement on the matter. [10229/12]

John Browne

Question:

116 Deputy John Browne asked the Minister for Education and Skills the total number of teachers that will lose their positions due to his proposed changes to two, three and four teacher schools in County Wexford. [10251/12]

Minister for Education and Skills (Deputy Ruairí Quinn)

I propose to take Questions Nos. 112 and 116 together.

The criteria used for the allocation of teachers to schools is published annually on my Department's website. The key factor for determining the level of staffing resources provided at individual school level is the staffing schedule for the relevant school year and pupil enrolments on the previous 30 September. The relevant appointment and retention figures for mainstream staffing for the coming school year have been published on the Department's website. However, the staffing arrangements in schools for the 2012/2013 school year can also be affected by changes in their enrolment, the impact of other budget measures and the reforms to the teacher allocation process. The reform of the allocation process is designed to bring a more equitable distribution of existing posts between schools so there will inevitably be some schools that will lose posts and some schools that will gain posts. Surplus teachers in schools will be redeployed to vacancies in other neighbouring schools in accordance with the redeployment arrangements. My Department will be notifying schools shortly of the new staffing arrangements for the 2012/13 school year. It will include details of the staffing appeals process and appeal criterion for those small schools that are projecting increased enrolments that would be sufficient to allow them to retain their existing classroom posts over the longer term.

Home Tuition Scheme

David Stanton

Question:

113 Deputy David Stanton asked the Minister for Education and Skills further to Parliamentary Question No. 99 of 19 January 2012, if the review of the operational elements of the home tuition schemes, including the appointment of tutors has been completed; if not, when he expects the review to be completed; if any decisions have been reached regarding changes to the scheme; if he will provide details of same; and if he will make a statement on the matter. [10231/12]

David Stanton

Question:

114 Deputy David Stanton asked the Minister for Education and Skills further to Parliamentary Question No. 99 of 19 January 2012, in view of the review being conducted by him, if he is considering making changes to the home tuition scheme in relation to educational placement and early educational intervention for preschool children with autism; and if he will make a statement on the matter. [10232/12]

David Stanton

Question:

115 Deputy David Stanton asked the Minister for Education and Skills further to Parliamentary Question No. 99 of 19 January 2012, the changes, if any, he intends to make regarding the appointment of tutors, in particular with regard to their educational qualification criteria; and if he will make a statement on the matter. [10233/12]

Minister for Education and Skills (Deputy Ruairí Quinn)

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

As I have previously advised my Department is currently reviewing operational elements of the home tuition schemes, including the appointment of tutors. I now wish to clarify that this review is ongoing. I have no plans currently to make changes to the eligibility criteria for the home tuition scheme.

Question No. 116 answered with Question No. 112.

School Accommodation

Bernard J. Durkan

Question:

117 Deputy Bernard J. Durkan asked the Minister for Education and Skills if, in view of the network of gaelscoileanna throughout County Kildare and the lack of second level educational facilities in the region, he will consider making provision for Gaelcholaiste Chill Dara in line with the views expressed by the boards of management of the existing primary gaelscoileanna; if he will engage with Kildare Vocational Education Committee with a view to identification of the most appropriate method to achieve this objective either through incorporation with the proposed new post-primary school at Maynooth or at an alternative location either of which would provide a valuable continuation at second level of the existing primary education in the area as provided through the gaelscoileanna; if he will have regard for the strong body of local opinion and support for such a proposal; and if he will make a statement on the matter. [10268/12]

Minister for Education and Skills (Deputy Ruairí Quinn)

The school referred to by the Deputy is currently located in a former VEC school building in Naas. Interim refurbishments were carried out to the building in 2010. I am pleased to advise the Deputy that we now propose that this building will be used to provide for the long term accommodation needs of the school. To this end, my Department recently carried out a technical assessment of the building with a view to identifying the works required to upgrade the building. My Department has already engaged with Kildare VEC regarding this proposal and the VEC has confirmed its willingness to facilitate a lease arrangement with the school Patron for the use of the building. My Department will be in further contact with the school authority regarding the proposed project at the school.

Site Acquisitions

Martin Heydon

Question:

118 Deputy Martin Heydon asked the Minister for Education and Skills the actions that are being taken to progress the provision of a new school (details supplied) at a location in County Kildare; and if he will make a statement on the matter. [10280/12]

Minister for Education and Skills (Deputy Ruairí Quinn)

My Department has sought the assistance of, and is working closely with, the relevant Local Authority in relation to identifying and acquiring a suitable site for the provision of permanent accommodation for the school referred to by the Deputy. Once a suitable site has been identified and acquired, the proposed building project will be considered in the context of the capital budget available to my Department for school buildings generally.

Languages Programme

Derek Keating

Question:

119 Deputy Derek Keating asked the Minister for Education and Skills if he will consider a complete review of the teaching of Irish as our national language and examine the reason that, after 12 years of primary school and secondary school, the vast majority of students leave school with a negative opinion about the language; the steps he will take to have a fresh look at the teaching of our national language; and if he will make a statement on the matter. [4753/12]

Minister for Education and Skills (Deputy Ruairí Quinn)

This Government is committed to supporting the overall thrust of 20 Year Strategy for the Irish Language 2010-2030, and to the delivery of the goals and targets proposed. In addition a National Literacy and Numeracy Strategy is being progressed which is designed to promote curriculum reform in both Irish and English, to strengthen assessment, improve professional development of teachers, extend the duration of initial teacher education and help parents to support their children's learning.

A revised Leaving Certificate curriculum in Irish began in all schools in September 2010 for first examination in 2012. The revised programme provides for an increase in the proportion of marks available for oral assessment to 40%, and is aimed at promoting a significant shift in emphasis towards Irish as a spoken language, where students can communicate and interact in a spontaneous way, and where Irish is spoken every day in schools. The National Council for Curriculum and Assessment has been asked to review this syllabus in the light of the experiences of students in the first examination.

In addition, I have endorsed the NCCA's proposals for junior cycle reform which will begin in 2014 for first examination in 2017. As part of the overall approach and the phasing in of reforms, the Irish syllabus will be reviewed, and there will be a strengthening of portfolio and other forms of assessment. It is noted that the ESRI longitudinal study tracking some 700 students as they moved through the second level system reported that Irish was the least liked subject, perceived as least interesting and least useful by students. However, in the Leaving Certificate in 2011, 32.3% of students sat Irish at higher level (of whom 83.9% scored at Grade ABC). 56.8% sat Irish at ordinary level, of whom 76% scored at Grade ABC, and 10.9% sat the subject at Foundation Level.

The results of the 2006 census indicates that 1.66m people reported the ability to speak Irish, that this was most prevalent among students in the school age population, but that it declined significantly in the over 20 age groups. Only 9.1% of the population reported that they speak Irish daily or weekly outside of the education system. Initiatives such as Abair Leat, under which students can improve their Irish by interacting over the internet with native Irish speakers, have been promoted in post primary schools by comedian Des Bishop in moves designed to promote the popularity of Irish. Students can use the website to listen to native Irish speakers, record their own material in Irish and undertake self-correcting exercises.

Early Childhood Education

Caoimhghín Ó Caoláin

Question:

120 Deputy Caoimhghín Ó Caoláin asked the Minister for Education and Skills his plans to invest in a targeted early childhood education programme for disadvantaged children as committed to in the programme for Government; and if he will make a statement on the matter. [8075/12]

Minister for Education and Skills (Deputy Ruairí Quinn)

The commitment in the Programme for Government is that ‘As resources allow, this Government will invest in a targeted early childhood education programme for disadvantaged children, building on existing targeted pre-school supports for families most in need of assistance such as the Youngballymun project. There are existing wholly State-funded intervention programmes for young children at risk of educational disadvantage. The Early Start programme aims to provide an educational programme for children aged 3-4 which would enhance their overall development and offset the effects of social disadvantage. The specific objectives of the programme are: To enhance the children's language cognitive and social/emotional development by engaging them in structured play activities which are characterised by high quality adult/child interaction. To assess the strengths and needs of each child in relation to language, cognition and social/emotional development and to plan and deliver a programme of learning to meet the identified needs in these key areas of learning. To devise strategies which actively engage parents in the education of their children.

The Early Start programme has been in existence since the mid 1990s and this programme along with the Rutland Street pre-school programme were, until recently, the only wholly State funded educational programmes for pre-school children. In recent years, the State along with Atlantic Philanthropies have funded Prevention and Early Intervention Programmes in areas of disadvantage. These include YoungBallymun, Tallaght's Childhood Development Initiative and the Preparing for Life Programme in Darndale. The evidence accruing from these intervention programmes as to what works most effectively for young children at risk of educational disadvantage will inform any further targeted interventions.

European Globalisation Fund

Peadar Tóibín

Question:

121 Deputy Peadar Tóibín asked the Minister for Education and Skills if he will detail the discussions he has had with regard to the European Globalisation Fund; and the sectors he is targeting for additional support. [4132/12]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon)

Discussions on relevant issues related to the European Globalisation Adjustment Fund (EGF) are held on a regular basis between the Department and the European Commission. The discussions held may be in the context of scheduled reviews and evaluations as required under the EGF Regulation or on a case-by-case basis in relation to specific Irish EGF applications.

In terms of assessing potential future EGF applications, the Department monitors statutory collective redundancy notifications, maintains contact with relevant Government Departments with responsibility for particular sectoral interests and monitors news and media sources, forecasts and other relevant sources of information, including through the political system. The primary aim of this monitoring is to assess whether sufficient grounds exist to make a sustainable EGF application in respect of redundant workers in a particular company or on a sectoral basis.

Where the initial view is taken that a potential EGF application may be made, the Department commences detailed preparatory work to ensure that all relevant EGF regulatory criteria are met. As part of this process various levels of interaction with key stakeholders and service providers are required. As a result of this process, the next EGF application which is to be made by the Department will be in support of almost 600 redundant workers at the Talk Talk company in Waterford and a number of ancillary enterprises.

Réigiúin Ghaeltachta

Peadar Tóibín

Question:

122 Deputy Peadar Tóibín asked the Minister for Education and Skills an bhfuil staidéar déanta aige nó ag an Roinn ar thionchar na gciorruithe sna scoileanna beaga ar phobail na Gaeltachta. [5189/12]

Minister for Education and Skills (Deputy Ruairí Quinn)

Rinneadh scoileanna i réigiúin Ghaeltachta a fheidhmiú riamh maidir leis an sceideal foirne mar a feidhmíodh gnáthscoileanna agus post teagaisc ranga a bhunú acu ag an mbunleibhéal. Bhí sceideal níos fabhraí i bhfeidhm i gcás scoileanna na Gaeltachta chun post a choinneáil idir na bandaí ceathrar agus dáréag oide ranga. An ghné bhuiséadach chun an lion daltaí a mhéadú maidir le post teagaisc ranga a fháil nó a choinneáil i mbunscoileanna beaga, déanann sí féachaint ar gach scoil go cothrom beag beann ar an áit ina mbeidh siad lonnaithe.

Ag an am seo ina bhfuil ardbhrú ar an airgead poiblí, ní mór dúinn a dheimhniú go ndéanfar na hacmhainni fíorluachmhara a bheidh ar fáil don chóras oideachais a fheidhmiú sa mhodh is fearr. Fiú nuair a dhéanfar gach ceann de na méadaithe céimnithe a fheidhmiú, beidh an tairseach le haghaidh scoileanna beaga níos lú go suntasach ná an t-íosmhéid de 28 dalta, an líon a bhi ag teastáil chun an dara oide a cheapadh i scoileanna roimh lár na mbliana 1990.

Tá na heagair foirne nua don scoilbhliain 2012/13 ar fáil anois ar láithreán gréasáin na Roinne. Cuimsíonn siad mionsonraí an phróisis um achomhairc foirne mar aon leis na critéir achomhairc do na scoileanna beaga sin a bhfuil clárú méadaithe á réamh-mheas acu a bheadh leor dóthain chun a cheadú dóibh a gcuid post ranga, atá acu faoi láthair, a choinneáil thar thréimhse níos mó.

Peadar Tóibín

Question:

123 D’fhiafraigh Peadar Tóibín asked the Minister for Education and Skills an féidir leis soiléiriú a thabhairt ar thodhchaí COGG maidir le maoiniú, acmhainní agus foirne de. [5185/12]

Minister for Education and Skills (Deputy Ruairí Quinn)

Bhunaigh mo Roinnse An Chomhairle um Oideachas Gaeltachta agus Gaelscolaíochta i 2002 chun comhairle agus taighde a chur ar fáil agus chun gabháil leis an dtaighde i dtaca le nithe a bhaineann le múineadh na Gaeilge, chun comhordú a dhéanamh ar sholáthar téacsanna agus acmhainní d'oideachas trí Ghaeilge, agus chun seirbhísí tacaíochta a sholáthar do scoileanna Gaeltachta agus Gaelscoileanna. Timpeall ar €1.75m atá mar bhuiséad ag an gComhairle do 2012.

Mhol an Grúpa Speisialta ar Uimhreacha na Seirbhíse Poiblí agus Cláir Chaiteachais go ndíscaoilfí An Chomhairle agus coigilt de €1.2m (a buiséad iomlán ag an am) a dhéanamh. Chuir mo Roinnse in iúl sa bhfreagra uaithi don Roinn Airgeadais gurb amhlaidh, bíodh is go bhféadfaí an eagraíocht a dhíscaoileadh nó a chónascadh le haonán a bhí ann cheana, go raibh sé riachtanach go leanfaí lena feidhmeanna lárnacha, go háirithe chun dul i ngleic leis an nganntanas téacsanna agus acmhainní do Ghaelscoileanna. Bhí sé riachtanach chomh maith go gcoimeádfaí baill foirne chun na feidhmeanna seo a chur i gcrích, rud a bhainfeadh de na coigiltí a dhéanfaí dá gcuirfí deireadh leis an gComhairle. Is í An Chomhairle an t-aon chomhlacht Gaeilge a mhaoiníonn an Roinn agus is í an phríomh-ghníomhaireacht (mar aon le seirbhísí tacaíochta curaclaim) trína gcuirfí ar fáil an straitéis 20 bliain don Ghaeilge. Dá mba rud é go gcomhchuimseofaí i ngníomhaireacht eile í, chaithfí glacadh le feidhm an-mhór idirchaidrimh le raon leathan comhlachtaí a chuireann An Chomhairle i gcrích faoi láthair. Chuir an Tánaiste a bhí ann an uair sin in iúl i mí Iúil 2010 nach rachfaí ar aghaidh le díscaoileadh na Comhairle, agus rinneadh téarma oifige na Comhairle a athnuachan do thréimhse eile go dtí Samhain 2014.

Tá an Rialtas tiomanta do thacú leis an Straitéis 20 Bliain don Ghaeilge 2010-2030 agus do na haidhmeanna agus na spriocanna indéanta atá beartaithe a bhaint amach agus admhaíonn sé go bhfuil ról lárnach ag an gComhairle san obair seo.

Departmental Staff

Sean Fleming

Question:

124 Deputy Sean Fleming asked the Minister for Public Expenditure and Reform if, in respect of Secretaries General who are now on a reduced salary of €200,000 per annum, he will outline the amount upon which their pensions, lump sum and any severance payments will be based when they come to retire; and if he will make a statement on the matter. [10250/12]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin)

A number of Secretaries General appointed since this Government took office are on annual salaries of €200,000 or less, in line with the Government's policy in relation to the public service annual wage ceiling. Their superannuation and other entitlements, if any, will be determined on the basis of their salary on retirement. I refer to my reply to Question No. 3795/12 regarding the introduction by the Government of significantly revised exit terms for newly appointed Secretaries General on completion of their term of office.

There are seven post holders at Secretary General Level II and one post holder at Secretary General Level 1 who currently waive that portion of their salary which exceeds the annual public service wage cap of €200,000. Pension entitlements and any severance payments for these post holders, following the expiry of the grace period on 29 February next under the Financial Emergency Measures in the Public Interest Acts 2009-2011, will be based upon reduced annual pensionable remuneration of €228,466 in respect of Secretary General Level I and €215,590 in respect of Secretary General Level II.

Service Imports

Pádraig Mac Lochlainn

Question:

125 Deputy Pádraig Mac Lochlainn asked the Minister for Jobs, Enterprise and Innovation if he will provide a breakdown on the types of service imports that emanate from Israel. [10003/12]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton)

Ireland's Services Imports from Israel in 2010, the last year in respect of which country-specific data is available, totalled €96m. Of this total, Other trade related services accounted for €75m, Financial Services for €1m and the remainder comprises minor sums in respect of Communications, Insurance, Computer Services, Legal Accounting and other professional services, Advertising and market research and Research and development. These latter categories cannot be itemised individually as the data has been suppressed by the CSO for confidentiality reasons, i.e. because the individual companies concerned could be identified, given the small number of transactions involved.

International Trade

Eoghan Murphy

Question:

126 Deputy Eoghan Murphy asked the Minister for Jobs, Enterprise and Innovation if he will provide details of the current trade relationship with Iran, goods imported and exported and their individual value. [10119/12]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton)

According to Central Statistics Office published data, in 2010 (the latest full year in respect of which country-specific trade statistics are available) Ireland exported €82 million worth of goods to Iran. The four most significant categories were general industrial machinery and equipment etc. —€15.1 million; medical and pharmaceutical products —€14.4 million, miscellaneous edible products and preparations —€12.4 million; other transport equipment —€10.3 million. In 2010, Ireland imported goods to value of €5 million from that country.

There are no recorded exports or imports of services with Iran during that year.

European Globalisation Adjustment Fund

Dan Neville

Question:

127 Deputy Dan Neville asked the Minister for Jobs, Enterprise and Innovation the position regarding the application for grant from the Applied European Globalisation Adjustment Fund in respect of persons (details supplied) in County Limerick. [10156/12]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton)

This is a day to day operational matter for the relevant State Agency, Limerick County Enterprise Board. I have asked that the relevant business unit based within Enterprise Ireland to liaise with the Enterprise Board and respond directly to the Deputy.

Human Rights Issues

Thomas Pringle

Question:

128 Deputy Thomas Pringle asked the Minister for Jobs, Enterprise and Innovation his views on the fact that two Irish based companies (details supplied) have provided technology to the Syrian Government that has enabled them to block text messages from protestors and impede the democratic right of the Syrian people to protest against the regime; and if he will make a statement on the matter. [10246/12]

Thomas Pringle

Question:

134 Deputy Thomas Pringle asked the Minister for Jobs, Enterprise and Innovation his views that the use of technology provided by two Irish companies (details supplied) to the Syrian regime to allow them to block messaging by protestors in the country is the type of enterprise that he should support; and if he will make a statement on the matter. [10247/12]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton)

I propose to take Questions Nos. 128 and 134 together.

My Department is responsible for issuing licenses for exports outside the EU of controlled goods and technology listed in the EU Dual Use Regulations. No licenses have been issued in the past four years in respect of dual use controlled technology intended for export to Syria.

From preliminary contact with the exporters concerned I understand the exported software is designed to protect mobile users from spam, viruses etc., and is not intended to prevent citizens exercising their fundamental democratic rights of free speech and assembly. My understanding is that the software was provided to telecom providers and not to any Government organisation or agency. However, my investigation into the matter has just commenced and I will be pursuing it further with the companies concerned to establish whether any restricted or sanctioned technology is involved.

More generally, I would like to point out that prior to issuing any export license for goods intended for a country where there is civil or military strife, I consult with the Minister for Foreign Affairs and Trade. This is an essential part of considering any application for an export licence and it involves a detailed a consideration of any human rights implications connected with a possible export.

At EU level, the Foreign Affairs Council agreed on 1 December and 23 January additional measures which I entirely support related to the energy, financial, banking and trade sectors, as well as the listing of additional individuals and entities involved in the violence or supporting the regime. This comes on top of extensive existing EU sanctions, including a ban on oil imports from Syria.

Proposed Legislation

John Paul Phelan

Question:

129 Deputy John Paul Phelan asked the Minister for Jobs, Enterprise and Innovation the new legislation he plans to introduce regarding intellectual property and-or information technology; and if he will make a statement on the matter. [10301/12]

Minister of State at the Department of Jobs, Enterprise and Innovation (Deputy Sean Sherlock)

An issue arose following a High Court judgement in October 2010 where it was held that Ireland was not in compliance with its EU obligations under Coyright Directive 2001/29/EC. It was held that the court could not grant an injunctiont against an intermediary in relation to transient communications. Until this judgment, it had been considered that Ireland was fully compliant with Article 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. Non-compliance with EU law is a very serious matter and could leave Ireland exposed to damages arising from legal actions based on non-compliance as well as proceedings by the European Commission.

A public 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. More than 50 submissions were received from interested parties. 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. I have also engaged extensively with stakeholders with a wide range of views in relation to any issues or concerns that have been raised in relation to the matter.

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.

The amended text of the proposed statutory instrument was recently published by my Department and it should also be noted that this matter was the subject of a Dáil debate on 31 January 2012.

Departmental Funding

Michael Conaghan

Question:

130 Deputy Michael Conaghan asked the Minister for Jobs, Enterprise and Innovation if he will list any mainstream drug projects which have received funding from him since 1997; and if he will detail the amount of funding provided to each scheme in each of the years 1997 to date in 2012. [10098/12]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton)

The matter to which the Deputy refers does not come within the remit of my Department.

Work Permits

Eoghan Murphy

Question:

131 Deputy Eoghan Murphy asked the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to the fact that changes in relation to the employee permit scheme for non-Irish persons working here mean that specialised staff can no longer move from one company to another on the same permit but must now request a new permit which can cause hiring delays for companies — for example, the restaurant industry — for as long as three months while potential employees wait for new permits. [10110/12]

Eoghan Murphy

Question:

132 Deputy Eoghan Murphy asked the Minister for Jobs, Enterprise and Innovation if he can provide information on delays with work permits in respect of persons (details supplied). [10111/12]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton)

I propose to take Questions Nos. 131 and 132 together.

My Department processes applications in respect of the different types of employment permits and all applications are processed in line with the Employment Permits Act 2006.

All employment permits are employer and location specific. Accordingly, if an employment permit holder wishes to change employer then a new application will have to be made on their behalf. There are no restrictions on foreign nationals who are the holders of current valid employment permits changing employer and the need for a Labour Market Test would not apply in such cases. However, in the event that a foreign national ceases to be employed by the employer named on the permit then the permit is no longer valid and must be returned to my Department for cancellation.

The Employment Permits Section has no record of current valid employment permits in respect of the named individuals and, in these circumstances, the current policy in relation to new first time applications would apply.

It is current Government policy to issue new employment permits only in respect of:

highly skilled, highly paid positions or;

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

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

In line with this policy, applications for new work permits are subject to a strict labour market needs test intended to maximise opportunities for filling of vacancies from within the Irish labour market and wider EEA.

Ministerial Appointments

Question:

137 Deputy Robert Troy asked the Minister for Social Protection if she will expedite a disability allowance appeal in respect of a person (details supplied) for financial reasons. [10001/12]

Minister for Social Protection (Deputy Joan Burton)

The Social Welfare Appeals Office has advised me that the disability allowance claim of the person concerned was disallowed following an assessment by a Medical Assessor who expressed the opinion that he was medically unsuitable for the allowance. An appeal was registered on 9 January 2012 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.

Habitual Residence Guidelines

Pádraig Mac Lochlainn

Question:

138 Deputy Pádraig Mac Lochlainn asked the Minister for Social Protection the reason her guidelines for habitual residence, Irish nationals returning to live here on a permanent basis should experience no difficulty in demonstrating that they satisfy the requirement of the HRC, do not match up with her written response to a case this Deputy referred to her previously (details supplied). [10060/12]

Minister for Social Protection (Deputy Joan Burton)

Under social welfare legislation, decisions in relation to all aspects of claims are made by statutorily appointed Deciding Officers. Each case received for a determination on the Habitual Residence Condition is dealt with in its own right and a decision is based on the application of the legislation and guidelines to the particular individual circumstances of each case.

If the applicant considers the Deciding Officer's decision to be incorrect, more documentary evidence or information that is relevant to the case can be sent and the initial decision will be reviewed.

As I outlined to the Deputy in a previous question, it is also open to the person concerned to appeal the decision to a Social Welfare Appeals Office provided a completed appeal form is returned within 21 days from the date of the initial decision.

Question No. 139 withdrawn.

Community Employment Schemes

Pearse Doherty

Question:

140 Deputy Pearse Doherty asked the Minister for Social Protection the total number of community employment drug rehabilitation places in the country broken down by project and geographical location; and if she will make a statement on the matter. [10072/12]

Minister for Social Protection (Deputy Joan Burton)

There are presently 1,000 Community Employment places ring-fenced for persons undergoing rehabilitation from drug addiction. Specific criteria exist for these places and the eligibility for participation. These were revised and agreed with the sector in 2011. Further work is underway in the context of the National Drug Rehabilitation Implementation Committee to review the allocation of these places and ensure appropriate referral protocols are in place. Participants can be in specific drug response projects or may be in ‘mainstream' projects.

Community Employment Projects with T-Coded (Drugs Rehabilitation) Participants as at 31/12/2011 — ONLY T-coded participants listed.
Region	Sponsor	No. of participants
Dublin Central	A.S.E.S.P.-AFTER SCHOOL ED SUP	5
AFTER CARE RECOVERY GROUP	12
BALLYBOUGH & INNER CITY C.E.	1
CANAL COMMUNITIES TRAINING PRO	38
CITY OF DUBLIN V.E.C.	9
COMMUNITY AFTER SCHOOLS PROJECT	17
	1
DOLPHIN HOUSE CE PROJECT	2
DONNYCARNEY YOUTH PROJECT LTD.	15
EDENMORE DRUG INTERVENTION TEA	13
FATIMA GROUPS UNITED	1
FOUNTAIN RESOURCE GROUP	1
FRANCISCAN SOCIAL JUSTICE	9
GATEWAY PROJECT (NWICWN)	15
KILBARRACK COAST COMM. PROGRAMME	21
MERCHANT QUAY PROJECT	6
MERCHANT’S QUAY CONTACT CENTRE	19
MERCHANT’S QUAY DRAMA PROJECT	12
NETWORKING DUBLIN 15	2
NORTH DUBLIN SCHOOLBOYS/GIRLS	1
NORTH WEST INNER CITY TRG & DE	9
OBLATE	2
PAVEE POINT	2
REHABILITATION & SUPPORT PROG.	11
SANDYMOUNT COMMUNITY SERVICES	1
SAOL	9
ST JAMES RESOURCE CENTRE	9
T.A.R.G.E.T.	1
THE CAVAN CENTRE	2
THE COMMUNITY LINKS PROJECT	37
THE DEAN SWIFT SPORTS CLUB	1
Dublin Central Total	284
Dublin North	BALLYMUN WELFARE RIGHTS CENTRE	1
COOLMINE THERAPEUTIC COMMUNITY	14
DUN LAOGHAIRE RATHDOWN OUTREACH	33
DUN LAOGHAIRE/RATHDOWN CO. CO.	1
GLASNEVIN CORE GROUP	1
SANDYMOUNT BALLSBRIDGE C.E.	1
SANKALPA LTD.	21
STAR PROJECT BALLYMUN LTD.	18
TOLKA RIVER PROJECT	12
Dublin North Total	102
Dublin West/South	ORCHARD COMMUNITY DEV CENTRE LTD.	3
ADDICTION RESPONSE CRUMLIN LTD.	14
ATHRU EDUCATION & TRAINING	15
	18
BALLYFERMOT COMMUNITY NETWORK	1
BALLYFERMOT RESOURCE CENTRE	1
BALLYFERMOT STAR LTD.	8
	18
BALLYFERMOT THEATRE WORKSHOPS	7
BAWNOGUE YOUTH & FAMILY SUPPORT	10
CARP — KILLINARDEN LTD.	9
CASADH	20
CATHOLIC YOUTH CARE	1
	2
	14
	1
CLONDALKIN ADDICTION SUPPORT GROUP	19
CLONDALKIN CTR FOR THE U/E LTD.	1
COMMUNITY ADDICTION PROGRAMME	18
DOVE	1
GURTEEN YOUTH CLUB	1
IRISH AMATEUR BOXING ASS.	1
LIBERTIES RECYCLING GROUP	24
MATT TALBOT COMMUNITY TRUST	4
NEILSTOWN PARISH SOCIAL ACTION	1
RADE	13
RINGSEND DIST. RES. TO DRUGS	20
ST AENGUS COMMUNITY ACTION GROUP	6
ST DOMINIC’S COMM RESPONSE PROG.	6
TALLAGHT REHABILITATION PROJ.	9
THE BASE	1
THE GET AHEAD CLUB LTD.	1
Dublin West/South Total	268
Midlands	CUAN MHUIRE TEORANTA	3
Midlands Total	3
Mid-West	ALJEFF TREATMENT CENTRE	1
BORRISOLEIGH/DROM/INCH/LEUGH	1
Mid-West Total	2
North East	BAILIEBORO COMMUNITY ASSOC.	1
CAVAN YOUTH&ENVIRONMENTAL LTD.	2
KILLESHANDRA SES ASSOCIATION	1
North East Total	4
North West	RATHMULLAN ENTERPRISE GROUP	1
THE AVALON CENTRE	1
TUBBERCURRY COLLECTIVE	1
North West Total	3
South East	CARLOW TEMPE SUPPORT	1
WEXFORD LOCAL DEVELOPMENT	9
WST COMMUNITY YOUTH SV (SAOR)	17
South East Total	27
South West	BALLINCOLLIG YOUTH/SOCIAL PROJ	10
CITY CENTRE CO-ORDINATING GROUP	1
CORK YMCA	11
NCE LTD.	13
	15
	14
	15
	16
	14
	12
NORTHSIDE COMMUNITY ENTERPRISE	2
	1
South West Total	124
West	BOYLE GROUP SCHEME	1
CUAN MHUIRE	13
MICHAEL DAVITT NATIONAL	1
UDARAS NA GAELTACHTA	1
WESTERN HEALTH CENTRE, GALWAY	2
West Total	18
Grand Total	835

Question No. 141 withdrawn.

Public Sector Staff

Pearse Doherty

Question:

142 Deputy Pearse Doherty asked the Minister for Social Protection the position regarding a transfer application by a person (details supplied). [10113/12]

Minister for Social Protection (Deputy Joan Burton)

In the event of a fillable vacancy arising in the specified locations, the Department is obliged in the first instance to fill the post by redeployment.

Where there are no staff available from the redeployment panel, the Department will then seek to fill the post by reference to the Central Transfer List or the CAF (Central Applications Facility) depending on the location.

In accordance with formal agreements with the Civil and Public Services Union and the Department of Finance, the names of people applying for a transfer to another location are recorded in strict order of date of application.

The person concerned is currently placed 92nd for Donegal Town, 94th for Dungloe, 100th for Dunfanaghy and 18th for Letterkenny.

The people placed ahead of the person in question must be considered before her if a vacancy does arise in the locations mentioned.

Social Welfare Benefits

Robert Troy

Question:

143 Deputy Robert Troy asked the Minister for Social Protection the progress that has been made with reviewing the payment of children’s allowance to children who are non-resident here; and if she will make a statement on the matter. [10114/12]

Minister for Social Protection (Deputy Joan Burton)

The social security rights of people living and working in the EU are governed by EU regulations which co-ordinate social security systems and are designed to ensure that people are not disadvantaged by moving within the EU to take up work.

For the purposes of the EU regulations, Irish Child Benefit is classified as a family benefit and there are specific rules governing the payment of these benefits. EU nationals who come to work in Ireland but whose families reside in another EU Member State may have an entitlement to family benefits in Ireland under the EU regulations. As a Member State of the European Union, Ireland is bound to apply these regulations in accordance with the objective of the EC Treaty regarding free movement of persons.

Before payment is made in respect of children resident in other EU countries it is necessary to contact the authorities in the country of residence of the children to confirm details and establish what, if any, family benefits are payable in the home country as this will impact on any entitlement under the Irish system. Once payment has commenced, as part of the Department's ongoing control programme, these customers are required to confirm periodically their continued entitlement to benefit. Where questions arise in relation to entitlement, or there is a delay in responding to enquiries from the Department, payment is suspended pending investigation.

I have raised the issue of payment of Child Benefit in respect of non-resident children at EU level, both formally, with EU Commissioner Andor on his visit to Dublin last year, and informally, with relevant Ministers from other EU countries, and will continue to do so. The Commissioner stressed the importance the European Commission attaches to the system of coordinating social security for the role it plays in encouraging and facilitating free movement of people across the Union. He indicated that he would be extremely reluctant to introduce changes along the lines that have been suggested because they would discriminate against migrant workers and would not be in line with judgements of the Court of Justice of the European Union in this area.

Social Welfare Fraud

The deciding officer may decide that a case is one of suspected fraud where it appears to him/her that the customer knowingly gave false or misleading information or wilfully concealed relevant information. The Department does not categorise a case as fraudulent unless the fraud is proven in court.

Criminal prosecutions are taken against persons who defraud the social welfare payments system and employers who fail to carry out their statutory obligations. The Department ensures that cases which merit prosecution are forwarded for consideration of legal proceedings and must ensure that all necessary evidential proofs are available. During 2010, the Department sent a total of 209 alleged fraud cases to the Chief State Solicitor's Office (CSSO) for criminal prosecution. In addition to the 209 cases sent directly by the Department to the CSSO a further 132 cases were referred to the Gardai for consideration of criminal proceedings to be taken under the Criminal Justice (Fraud and Theft) Act, 2001. In total, the Department referred 341 cases for legal proceedings by way of either the social welfare or criminal justice legislation. In 2010, a total of 253 criminal cases were finalised in court. The following table is a breakdown of the classification of overpayments from 2006 to 2010:

Overpayments by Category 2006-2010
	2006	2007	2008	2009	2010
Total O/P Value	€45.2m	€49.1m	€55.6m	€66.8m	€83.4m
Suspected Fraud Overpayment Value	€20.3m	€21.4m	€21.4m	€20.7m	€25.9m
Value of Suspected Fraud as a % of all O/ps	45%	42%	38%	31%	31%
Customer Error Overpayment Value	€17.4m	€19.7m	€24m	€31.5m	€42.4m
Value of Customer Error as a % of all O/ps	38%	39%	43%	47%	51%
Estate cases O/P Value	€5.6m	€6.7m	€7.2m	€10.7m	€9.9m
Departmental Error Overpayment Value	€1.9m	€2.7m	€3m	€3.9m	€5.2m
Value of Departmental Error as a % of all O/ps	4 %	5%	6%	5.88%	6%
Total Scheme Expenditure	€13,125m	€15,012m	€17,298m	€19,936m	€20,272m
Value of Departmental Error overpayments as a % of all Scheme Expenditure	0.01%	0.02%	0.02%	0.02%	0.02%

Control savings are an estimate of the value of the various control activities across the schemes in payment. Control savings represent an estimate of the value of prevented expenditure on fraudulent claims over a future period. These control savings refer to future expenditure that would have been incurred but for this control work. Without this control work the social welfare expenditure would over time increase by this amount. Control savings are used as a performance indicator for year-on-year activities. Control savings do not include any cases of departmental or clerical error. Control savings do not include any cases where the customer voluntarily told the Department of their means or circumstances, which resulted in a change to their rate of payment. All of these control savings arise from proactive reviews on claims in payment. They are not broken down between fraud or suspected fraud and error. As outlined above, the overpayments assessed are categorised as suspected fraud, customer and departmental error.

The following table shows the control savings achieved in the past 5 years per scheme.

	2007	2008	2009	2010	2011
	Control Savings	Control Savings	Control Savings	Control Savings	Control Savings
Scheme	Achieved	Achieved	Achieved	Achieved	Achieved
	€m	€m	€m	€m	€m
Jobseekers	139	101	60	57	82
Illness	70	73	90	95	92
Pensions	53	85	84	110	142
One-parent family payment	135	138	117	71	167
Child Benefit	18	48	89	108	88
Carers	5	7	13	17	11
Family Income Supplement	12	10	17	9	12
Other/SWA Employer inspections/ PRSI	15	14	13	16	51
Total	€447m	€476m	€483m	€483m	€645m

Social Welfare Appeals

Michael Creed

Question:

145 Deputy Michael Creed asked the Minister for Social Protection when a person (details supplied) in County Cork will receive a decision in respect of their disability allowance appeal; and if she will make a statement on the matter. [10140/12]

Minister for Social Protection (Deputy Joan Burton)

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 05th 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 14 December 2011 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.

Pension Provisions

Denis Naughten

Question:

146 Deputy Denis Naughten asked the Minister for Social Protection further to correspondence (details supplied) if she will review the current provision regarding the definition of the date of entry; if she will clarify whether there are exceptions to the use of the date a person first makes a payment, as the commencement date for the calculation; if she has assessed the number of persons impacted upon by this anomaly; and if she will make a statement on the matter. [10148/12]

Minister for Social Protection (Deputy Joan Burton)

There are two categories of contributory State pension:- State pension (transition) (SPT) payable at age 65 and State pension (contributory) (SPC) payable at age 66. The qualifying conditions for State pension (transition) require the applicant to:

have entered insurable employment before attaining the age of 55 years.

have at least 260 full-rate social insurance contributions paid since the date of entry into insurance.

Have a minimum yearly average of 24 contributions (paid or credited) since the date of entry into insurance.

have retired from work.

State pension (transition) ceases at age 66 when the claimant transfers to (SPC). The qualifying conditions for State pension (contributory) require the applicant to

have entered insurable employment before attaining the age of 56 years.

have at least 260 weeks full-rate contributions paid, from employment or self-employment, since entry into insurance.

Have a minimum yearly average of 10 contributions (paid or credited) since the date of entry into insurance.

As provided for in legislation since 1997, the minimum paid contribution requirement for SPT and SPC will increase to 520 contributions in April 2012. In relation to date of entry, the legislation provides that the date of entry into insurance is the date a person becomes an insured person and enters employment for which a social insurance contribution is payable. This contribution can be paid at the full, modified or self employed social insurance rate. It is not possible to waive legislative requirements when determining the nature and rate of pension payable. There is no provision for disregarding any early paid contributions for the purposes of increasing the rate of State Contributory pension even where contributions are of an intermittent or occasional nature. For the purposes of the averaging system in place, a date of entry into insurance is an essential element of the assessment system and is provided for in legislation.

Different eligibility criteria apply under the self employment legislation which provides that where an individual who is self employed has paid standard PRSI prior to 6th April 1988, and where s/he entered self-employed PRSI on 6th April 1988, either the initial date of entry or the later 1988 date can be used as the commencement date of the assessment for State Pension Contributory, whichever is the more favourable. However, where the date is later than 6th April 1988 the earlier date is the date which is used for assessment. Similarly, different eligibility criteria applies where the alternative contribution test is applied (ACT) to the assessment process, where a person has a minimum yearly average of 47.5 contributions from 6th April 1979 to the year that they reach 65 or 66 years of age.

I do not consider this to be an anomaly as this legislation provision has been in place since pensions were first introduced. As part of the pensions reform programme, the introduction of a ‘total contributions' approach will replace the current averaging system from 2020. This means that from 2020 a person will require 30 years' contributions and credits to qualify for maximum pension with 10 years' paid contributions required for a minimum pension. The amount of credits which can be used to claim pension will be capped at 10 years. This system will be fairer as the level of pension payment will be proportionate to a person's working career e.g. a person with 25 years contributions will receive 25/30ths of a pension.

Denis Naughten

Question:

147 Deputy Denis Naughten asked the Minister for Social Protection the number of self-employed persons who made a minimum of ten years full contributions but are in receipt of a reduced contributory State pension; the total saving to her of the payment of a reduced pension in the cases involved; and if she will make a statement on the matter. [10149/12]

Minister for Social Protection (Deputy Joan Burton)

It is not possible to provide the Deputy with the information requested as information on clients in receipt of State Pension (contributory) is not held in a manner which facilitates an answer to the question asked.

To qualify for a state pension contributory at age 66, the person concerned must satisfy a number of qualifying conditions. These conditions are outlined as follows:

1. Have entered into insurable employment before age 56.

2. Have at least 260 weeks full rate contributions paid (520 contributions after 6 April 2012).

3. Have a yearly average of at least 10 contributions recorded (taking paid and credited PRSI conditions into account) from 1953 or from the date of entry into insurance (whichever is the later) to the end of the last complete contribution year before reaching pension age. To qualify for the maximum rate a yearly average of 48 contributions is required.

Self-employed social insurance contributions (Class S) are counted as full rate contributions for State pension (contributory). If you were self-employed and started paying PRSI Class S contributions on 6th April 1988, your entitlement to State pension (contributory) may be calculated based on your social insurance record from that date provided you satisfy the other conditions for that pension.

Employment Support Services

Robert Dowds

Question:

148 Deputy Robert Dowds asked the Minister for Social Protection if her attention has been drawn to the fact that errors are being made by officials in her Department and in FÁS who are wrongly informing persons, particularly those who were previously self-employed, that they are not eligible for programmes such as the work placement programme; and her views that there is a need for officials in her Department to be given better training in the eligibility criteria for the various labour activation schemes. [10158/12]

Minister for Social Protection (Deputy Joan Burton)

The Work Placement Programme was announced, and launched, by the Government in 2009. Under the programme, employers apply to offer ‘work placements', for a maximum duration of nine months, within their organisations, and those who are unemployed can apply for these placements. The eligibility criteria for this programme are advertised on www.fas.ie and are available to people in the form of literature in local employment services and DSP offices. Any changes to eligibility criteria are in the fist instance communicated to relevant staff and the internal information sources that they reference are updated accordingly.

The WPP participant eligibility criteria have remained unchanged since 2010. The WPP eligibility criteria for an unemployed person are:

The Programme is open to all people who are unemployed, including people who are not in receipt of any social welfare payment. For those not in receipt of a payment, they may undertake a placement with no payment.

For those in receipt of a social welfare payment, they may take up the placement, under certain conditions. People who are unemployed and are currently in receipt of any of the following payment may apply:

Job Seeker's Allowance.

Job Seeker's Benefit.

Disability Allowance.

Blind Pension.

Invalidity Pension.

Illness Benefit.

Lone parents allowance.

Deserted Wives Benefit.

Widow/Widower's Pension.

Supplementary Welfare Allowance (SWA).

However to be eligible to retain their payment while on a placement, they must have been unemployed and in receipt of some form of social welfare payment for at least three months.

The JobBridge National Internship scheme was announced in July 2011 and the eligibility criteria for access to this programme are different to those for WPP. The JobBridge eligibility criteria for an unemployed person are:

To be eligible for a place as an intern you must be on Live Register and currently in receipt of:

Jobseekers Benefit.

Jobseekers Allowance.

Or signing for Social Insurance Contribution Credits for 3 months (78 days) or more in the last 6 months.

Periods spent on Back to Education Allowance, VTOS, FÁS/Fáilte Ireland Training course, Youthreach, FIT, Community Employment Schemes, TUS, the Rural Social Scheme, Back to Work Scheme, Back to Work Enterprise Allowance, FÁS Job Initiative or Job Assist will count towards meeting the eligibility of JobBridge provided:

The individual has completed these programmes.

Has signed back on to the Live Register.

Is in receipt of Jobseekers Benefit/Allowance or Jobseeker credits immediately before commencing on JobBridge.

Individuals in receipt of One Parent Family Payment or Widows Pension are ineligible to participate in JobBridge even if they are also receiving half rate Jobseekers Benefit.

Staff are currently operating both schemes and are aware of the different eligibility criteria for each. Once a person, for example a person who was previously self-employed, can satisfy the eligibility criteria for either scheme, he/she will be informed of such, and be approved to participate.

Social Welfare Appeals

Martin Ferris

Question:

149 Deputy Martin Ferris asked the Minister for Social Protection when a decision will issue on an appeal in respect of a person (details supplied). [10166/12]

Minister for Social Protection (Deputy Joan Burton)

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 08th February 2012. 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. 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.

Social Welfare Benefits

Seamus Kirk

Question:

150 Deputy Seamus Kirk asked the Minister for Social Protection whether the proposed partial capacity benefit scheme will lead to the recruitment of recipients to the workforce; and if she will make a statement on the matter. [10174/12]

Seamus Kirk

Question:

151 Deputy Seamus Kirk asked the Minister for Social Protection if, under the proposed partial capacity benefit scheme, there will be an income disregard threshold provision in this scheme; and if she will make a statement on the matter. [10175/12]

Minister for Social Protection (Deputy Joan Burton)

I propose to take Questions Nos. 150 and 151 together.

I am pleased to advise the Deputy that the partial capacity benefit scheme was formally launched on Monday 13th February 2012. Full details of the scheme have been published on my Department's website and an information leaflet has also been published.

The introduction of the partial capacity benefit scheme marks an important and positive development of the social welfare system. The scheme recognises that the welfare system, which categorised people as ‘fit to work' or ‘unfit to work', did not reflect the reality for many existing welfare customers. It provides an opportunity for people with disabilities, and assessed to have an employment capacity which is restricted when compared to the norm, to avail of employment opportunities while continuing to receive an income support payment. I believe that the scheme will facilitate greater levels of recruitment of people with disabilities into open market employment.

In this regard, I should mention also that there are a range of employment services which had been provided previously by FAS and which are now delivered through my Department which have recently been brought together under a new national identity- “EmployAbility Service”. The service offers a range of supports, including workplace adaptation grants, wage subsidies and on-site job coaches and mentors, to people with disability and to employers, and is key in supporting people with disabilities overcome the challenges not only of adapting to employment and being accepted in the workplace but in demonstrating their productive capability and ability to do the job. The service also acts to reassure employers and give them the confidence to take what many perceive to be the risk of employing a person with a disability.

The partial capacity benefit scheme is open to people who are in receipt of invalidity pension or who have been in receipt of illness benefit for a minimum of six months. Participation in the scheme is voluntary and the scheme is designed in particular to respond to the needs of people who have sought to avail of ‘exemptions' in order to take up employment opportunities. There is no means-test attached to the scheme and, accordingly, the question of an income disregard does not arise. There is no limit to the number of hours a person in receipt of partial capacity benefit may work and there are no earning limits.

Social Welfare Appeals

Paudie Coffey

Question:

152 Deputy Paudie Coffey asked the Minister for Social Protection when a decision will issue on an appeal for widow’s pension in respect of a person (details supplied) in County Waterford; and if she will make a statement on the matter. [10221/12]

Minister for Social Protection (Deputy Joan Burton)

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 12th December 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 18th January 2012 and the appeal was assigned to an Appeals Officer for consideration on 31st 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.

Anti-Poverty Strategy

Aengus Ó Snodaigh

Question:

153 Deputy Aengus Ó Snodaigh asked the Minister for Social Protection when she plans to publish the Code of Practice to Support Engagement of People Experiencing Poverty and Social Exclusion in Policy Development and Implementation which was to be a key national legacy from the 2010 EU year of combating poverty and social exclusion. [10225/12]

Minister for Social Protection (Deputy Joan Burton)

In order to support the engagement of public bodies with people experiencing poverty and social exclusion, a code of practice was commissioned by the former Department of Community, Equality and Gaeltacht Affairs and compiled with the technical assistance of an external consultant.

The document was prepared in consultation with Government departments and agencies and with groups and organisations experiencing poverty and social exclusion. The objectives of the code of practice were to:

Provide a comprehensive framework on how Government departments and agencies can engage with people experiencing poverty and social exclusion;

Set out the rationale and benefits of engagement for Government departments and agencies;

Give guidance on different methods of community engagement and examples of different approaches that have been taken in Ireland;

Establish what people can expect from engagement and consultation exercises; and

Apply tried and tested tools, methods and examples of what works (local, national and international) to an Irish context.

A draft version of the code of practice report has been submitted to my Department and is currently under consideration. The intention would be to complete this consideration in the near future and to make it publicly available as soon as possible thereafter.

Social Welfare Benefits

Dara Calleary

Question:

154 Deputy Dara Calleary asked the Minister for Social Protection the numbers of carer’s payment recipients in County Donegal affected by the budgetary measure to include income from weekly carer’s payments for the purpose of calculating entitlement to family income supplement in line with other welfare payments; and if she will consider reversing this decision in view of the excellent work being undertaken by carer’s across the State. [10244/12]

Minister for Social Protection (Deputy Joan Burton)

In assessing weekly family income for the purposes of the family income supplement (FIS) most weekly social welfare payments are taken into account when means are assessed. This budget measure relating to the inclusion of carer's benefit or carer's allowance payments in the income assessment for FIS is designed to bring the treatment of carer's allowance and carer's benefit into line with how other primary social welfare payments are assessed. The measure also provides for a more consistent approach to the concurrent payment of FIS with other social welfare payments. Furthermore, the measure reduces a person's secondary payment (FIS) without affecting their primary payment, therefore targeting available scarce resources at those in most need.

From January 2012, for new applicants and upon renewal for existing claimants, income from carer's allowance and carer's benefit payments will be included in the (FIS) income assessment. The measure will be implemented on a phased basis over 3 years with 1/3 of the income from carer's allowance and carer's benefit payments assessed in 2012, 2/3 in 2013 and full assessment in 2014.

Currently there are approximately 63 carer's payment recipients in County Donegal who may be affected by this change.

Carers play a particularly important role in society which the Government acknowledges through a range of supports, including carer's allowance, half-rate carer's allowance, carer's benefit, the respite care grant, free travel and household benefits. The Government also recognises that welfare expenditure plays a vital role in protecting the most vulnerable people in Irish society, as well as stabilizing the economy generally. Although it has not been possible to exempt income support to families from the general budgetary strategy — given the level of adjustments required — the Government is committed to tackling Ireland's economic crisis in a way that is fair and balanced.

Social Welfare Appeals

John McGuinness

Question:

155 Deputy John McGuinness asked the Minister for Social Protection if a disability allowance claim now under appeal will be expedited and approved in respect of a person (details supplied) in County Kilkenny. [10256/12]

Minister for Social Protection (Deputy Joan Burton)

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 2 February 2012. 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. 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.

Tom Fleming

Question:

156 Deputy Tom Fleming asked the Minister for Social Protection when a decision will issue on a domiciliary care allowance appeal in respect of a person (details supplied) in County Kilkenny; and if she will make a statement on the matter. [10307/12]

Minister for Social Protection (Deputy Joan Burton)

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 24 August 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 21 October 2011 and the appeal was assigned to an Appeals Officer for consideration on 29 December 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.

Question No. 157 answered with Question No. 144.

Social Welfare Fraud

The outcome of those surveys is examined by the Department and appropriate action is then taken by scheme managers to address the fraud and error risks identified. Furthermore, the review policies and risk management procedures of the schemes are then revised to take account of the risks identified.

The following table shows the results of the fraud and errors surveys undertaken over the past number of years on the various schemes, along with the estimated fraud as a percentage of social welfare expenditure on these schemes.

Scheme	Survey Date	Estimated Fraud as % of Expenditure on Scheme (based on F&E surveys)
Child Benefit	Nov 04	1.76
Family Income Supplement	Aug 05	0.8
Disability Allowance	Nov 05	2.3
Illness Benefit	Sep 06	0.1
State Pension (non-contributory)	May 07	0
One Parent Family Payment	Sep 07	6.4
State Pension (contributory)	Apr 08	0.1
Jobseekers Allowance	Oct 09	2.1

Surveys have been carried out on disability allowance, one-parent family payment and jobseekers benefit over the past two years and I expect that the results of those surveys will be available shortly.

In September 2011, I published my Department's Fraud Initiative (2011-2013) which included a commitment to carrying out two fraud and error surveys per year. The proposed medium term programme of surveys to be undertaken over the next five years — as set out in the plan — is set out as follows. To allow for required flexibility, the position will be reviewed annually. It is also worth noting that additional or varied surveys may be required given specific business needs and emerging trends.

Year	Month	Scheme
2011	May	One-Parent Family Payment
	Sept	Jobseeker’s Benefit
2012	April	Child Benefit
	Sep	Jobseeker’s Allowance
2013	Apr	Invalidity Pension
	Apr	Illness Benefit*
	Sep	Widows/widower’s and surviving civil partners contributory pension
2014	Apr	Family Income Supplement
	Apr	Free Schemes
2014	Sep	Carer’s Allowance
2015	Apr	State Pen Non-Con
	Sep	State Pen Con
2016	Apr	Disability Allowance
	Sep	One-Parent Family Payment

Questions Nos. 160 to 162, inclusive, answered with Question No. 144.

Question No. 163 answered with Question No. 158.

Questions Nos. 164 and 165 answered with Question No. 144.

Question No. 166 answered with Question No. 158.

Question No. 167 answered with Question No. 144.

Question No. 168 withdrawn.

National Parks

Martin Ferris

Question:

169 Deputy Martin Ferris asked the Minister for Arts, Heritage and the Gaeltacht if national park land can be leased on a roll over basis. [10053/12]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan)

The primary role of our National Parks is to conserve nature and other significant features and qualities while at the same time encouraging public appreciation and tourism. From time to time a need may arise for certain conservation and management methods to be undertaken in specific habitats. In these instances, and depending on the habitat in question, fixed or rolling grazing licences and/or lease agreements may be entered into by the National Parks and Wildlife Service of my Department with individuals for the purposes of conservation and management of the areas.

Departmental Funding

Michael Conaghan

Question:

170 Deputy Michael Conaghan asked the Minister for Arts, Heritage and the Gaeltacht if he will list any mainstream drug projects which have received funding from him since 1997; and if he will detail the amount of funding provided to each scheme in each of the years 1997 to date in 2012. [10093/12]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan)

I am advised that, since its establishment in June 2011, my Department has not funded any mainstream drug projects.

Special Areas of Conservation

Joe McHugh

Question:

171 Deputy Joe McHugh asked the Minister for Arts, Heritage and the Gaeltacht if he will provide a list of special conservation areas in a specific geographical area (details supplied); and if he will make a statement on the matter. [10117/12]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan)

The Deputy will appreciate that it is not possible to provide the information requested on the record of the House within the constraints of a ‘details supplied' Question and I am arranging, therefore, to have it supplied directly to the Deputy.

Telecommunications Services

Tony McLoughlin

Question:

172 Deputy Tony McLoughlin asked the Minister for Communications, Energy and Natural Resources if he will investigate the possibility of extending the broadband service network to the Carraroe area of Sligo which is zoned industrial and residential and is in urgent need of this service; if he will seek information from Eircom as to when they will be in a position to enable this broadband service; and if he will make a statement on the matter. [10167/12]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte)

Ireland's telecommunications market has been liberalised since 1999 and thus the delivery of broadband services is a matter, in the first instance, for private sector commercial operators who are licensed and regulated by the independent regulator, the Commission for Communications Regulation (ComReg). Decisions relating to the provision of broadband services in any particular area are commercial decisions for the commercial service providers. Neither I nor ComReg has statutory power to compel any service provider to offer higher levels of broadband service at any particular location.

Under the NewERA proposals in the Programme for Government, there is a commitment to co-invest with the commercial sector to provide high-speed Next Generation Broadband access to every home and business in the State.

The Next Generation Broadband Taskforce, which I convened last summer, has an important role to play in this regard. The Taskforce, which I chair, also comprises Minister of State, Fergus O'Dowd, T.D., the CEOs of all of the major telecommunications companies operating in the Irish market, as well as CEOs of some other companies that provide broadband services. The purpose of the Taskforce is to discuss and report on policy issues and proposals in relation to the provision of high speed broadband across Ireland.

The Taskforce, and four Working Groups reporting to it, are considering issues such as targets, spectrum policy, private sector investment plans, and the removal of barriers in order to facilitate investment. I expect that the Taskforce will help to identify how best to deliver wider customer access to high-speed broadband generally and thereby assist in delivering on the commitment in the Programme for Government.

The Taskforce will conclude its deliberations shortly. I intend to consider the findings, conclusions and recommendations of the report of the Taskforce and to make a submission to Government in this regard. It is my objective to move quickly thereafter to put in place the optimal policy environment for the delivery of high speed broadband.

Building Regulations

Dessie Ellis

Question:

173 Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government if he has received an application from Dublin City Council for funding to be provided for the replacement of six houses (details supplied) that had been built with pyrite contaminated materials and are uninhabitable; the status of this application; and when a decision will issue. [10062/12]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O’Sullivan)

In September 2011, Dublin City Council submitted a request to my Department for the provision of funding for remedial works to the houses in question. The detail of the proposal and potential alternatives for funding have been the subject of correspondence between my Department and the City Council in the interim. A formal application for funding, with a detailed assessment of need, evaluation of the options for remediation and/or replacement in respect of the number of properties affected, the extent of the works proposed and an all-in cost for the project, is currently awaited from the City Council. A meeting will then take place between my Department and the Council to consider how to advance these works. The Council has been requested to ensure that the required application and information is submitted to my Department in advance of the upcoming meeting.

Tax Reliefs

James Bannon

Mainstreamed Drugs Projects Funding 2001-2012
	Ballyfermot Star Project	Canal Communities Community Development Workers Project	Tallaght Fettercairn Estate Management Project	Tallaght Killinarden Estate Management Project	Clondalkin Community Safety Forum
2001	111,737	53,329	55,868	57,138	0
2002	116,734	55,691	57,014	58,284	75,277
2003	121,556	57,993	62,360	63,028	73,063
2004	136,668	65,205	66,715	68,277	88,135
2005	142,456	67,967	68,792	71,917	91,868
2006	148,246	70,729	71,196	74,682	96,147
2007	148,246	70,731	78,102	81,588	102,333
2008	152,869	82,731	77,561	81,047	101,792
2009	142,082	76,893	71,436	74,922	95,667
2010	148,244	70,731	71,436	74,922	95,667
2011	129,200	60,800	47,805	49,256	112,939
Allocation to end June 2012	64,600	30,400	23,902	24,628	56,470

Planning Issues

Joe McHugh

Question:

178 Deputy Joe McHugh asked the Minister for the Environment, Community and Local Government the position regarding policy plans around mapping, with specific reference to rights of way; and if he will make a statement on the matter. [10115/12]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O’Sullivan)

Section 7 of the Planning and Development (Amendment) Act 2010, which was commenced on 5 October 2010, amended the Planning and Development Act 2000 by requiring the inclusion of a mandatory objective in the development plan for:

"the preservation of public rights of way which give access to seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility, which public rights of way shall be identified both by marking them on at least one of the maps forming part of the development plan and by indicating their location on a list appended to the development plan".

It is a matter for planning authorities to implement such policies in the context of their development plans. In this context, and as statutory consultee, my Department continues to provide advice and comments to planning authorities on their draft development plans and draft variations and may refer to matters relating to rights of way from time to time as deemed appropriate.

Flood Relief

Eoghan Murphy

Question:

179 Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government if he will resolve the situation between his Department and the Office of Public Works regarding the official status of the Swan River, Dublin, if it is considered a drain or a river, as clarification of this matter is preventing progress in relation to flood protection alleviation measures and other necessary works. [10124/12]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan)

I am not aware of any dispute between the Office of Public Works and my Department with regard to the status of the Swan River.

The river has, however, been the subject of discussions between Dublin City Council and the Office of Public Works, whose responsibilities include coordinating the activities of Government Departments, local authorities and other bodies in relation to flood risk management.

The river has been culverted by the local authority as part of it's urban drainage responsibilities for the area, in effect incorporating the river wholly, or practically wholly, into the urban drainage system which was designed, constructed and is maintained by the local authority.

I understand that Dublin City Council is currently developing proposals for flood mitigation works for the river.

Local Authority Charges

Ciaran Lynch

Question:

180 Deputy Ciarán Lynch asked the Minister for the Environment, Community and Local Government the number of households per local authority that are registered for the household charge; the number of households registered to date for the household charge that are exempt from this year’s household charge; the measures that will be taken in advance of the 31 March deadline to inform residents of category three and four houses that they are obliged to register before they receive an exemption; and if he will make a statement on the matter. [10130/12]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan)

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 20 February, 2012, a total of 111,271 properties have been registered for payment of the household charge. A total of 3,720 properties have been registered for the purposes of a waiver from payment of the household charge.

The LGMA does not have the sub national details of the registrations sought in the Question.

Significant efforts are being made to ensure that property owners are aware of the household charge and the requirements to make a declaration of liability and to pay the charge by 31 March, 2012. The LGMA and local authorities have commenced a national information campaign to advise people of their responsibilities in relation to discharging their liability to the household 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.

A household charge information leaflet is being issued to residential properties in the State at this time. This leaflet specifically advises persons claiming entitlement to a waiver under the provisions of the Act, including those in certain unfinished estates, that they are required to register their property for such purposes. This is also clearly set out in the frequently asked questions on the household charge website www.householdcharge.ie and on the household charge declaration form.

Further radio advertising campaigns and interviews, including adverts on social media and other websites together with other appropriate communication measures and initiatives will be undertaken in the period up to the payment date of 31 March, 2012.

I am confident that those liable to the household charge will be aware of their obligation to discharge their liability for the charge by completing the requisite declaration form and paying the household charge by 31 March 2012 and thereby avoiding any late payment fees or late payment interest.

Michael Creed

Question:

181 Deputy Michael Creed asked the Minister for the Environment, Community and Local Government the discussions, if any, he has had with the Department of Social Protection regarding social welfare clients who may wish to opt for a weekly deduction from their social welfare payment to meet their household charge liability; and if he will make a statement on the matter. [10153/12]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan)

Seamus Kirk

Question:

184 Deputy Seamus Kirk asked the Minister for the Environment, Community and Local Government the number of approved rehousing applications that are on the three local authority housing waiting lists in County Louth; and if he will make a statement on the matter. [10177/12]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O’Sullivan)

I have no function in the allocation of social housing or in the transfer of persons who are already in social housing, both of which are determined in accordance with the priority accorded under a housing authority's Allocation Scheme, the making of which is a reserved function.

Local Authority Housing

Seamus Kirk

Question:

185 Deputy Seamus Kirk asked the Minister for the Environment, Community and Local Government the number of vacant local authority houses in County Louth either awaiting repair or awaiting an allocation; and if he will make a statement on the matter. [10178/12]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O’Sullivan)

Each local authority is responsible for the effective and efficient management and maintenance of its social housing stock. The detailed information sought is not available in my Department. Information relating to local authority housing stock, including the level of vacant local authority dwellings, is collected annually as part of the Local Government Management Agency's review of local authority service indicators. Electronic copies of the reports, including the most recent report for 2010, are available on the Local Government Management Agency's website —www.lgma.ie.

Under the Department's Social Housing Investment Programme, local authorities are allocated capital funding each year in respect of a range of measures to improve the standard and overall quality of their social housing stock. Given the constraints on new local authority housing supply, it is important that the existing stock of local authority housing is available and in fit condition to meet housing need. Under the allocation to be made in respect of this year's programme there is a particular focus on returning vacant properties to productive use. I intend to make an announcement in relation to allocations under the programme in early March.

Private Rented Accommodation

Seán Ó Fearghaíl

Question:

186 Deputy Seán Ó Fearghaíl asked the Minister for the Environment, Community and Local Government the number of units that have been acquired under the rental accommodation scheme by a local authority (details supplied); the number of these units occupied; the period for which units have been unoccupied; if he is fully satisfied with the operation of the scheme in this area; and if he will make a statement on the matter. [10226/12]

Seán Ó Fearghaíl

Question:

193 Deputy Seán Ó Fearghaíl asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that some local authorities may have acquired properties for use under the rental accommodation scheme, which does not meet the specific local demand; if his further attention has been drawn to the fact that units consequently lie idle while the local authority waiting list grows; if he has or will instruct local authorities to desist from this inappropriate use of public money; and if he will make a statement on the matter. [10298/12]

Seán Ó Fearghaíl

Question:

194 Deputy Seán Ó Fearghaíl asked the Minister for the Environment, Community and Local Government his views on the manner in which local authorities are managing the rental accommodation scheme; if he will indicate on a county basis the number of RAS units that have been acquired in each of the years 2009, 2010 and 2011; and if he will make a statement on the matter. [10299/12]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O’Sullivan)

I propose to take Questions Nos. 186, 193 and 194 together.

Since the Rental Accommodation Scheme (RAS) commenced in late 2005 and to the end of December 2011 1,128 households have been transferred from Rent Supplement by Kildare Co Council. Of these 546 were housed directly under RAS and a further 582 were accommodated under other social housing options.

Each local authority is responsible for the effective and efficient management of the RAS within its own area, including the management of vacancies that arise. Notwithstanding this where a vacancy does arise local authorities have three months to fill that vacancy before my Department discontinues recoupment in respect of that accommodation.

Accommodation brought into the scheme may be a rent supplement recipient's existing accommodation but where this is not suitable, or where the landlord is unwilling to enter into RAS, the local authority must source alternative accommodation. The accommodation sourced has to meet minimum standards for private rental accommodation. In addition the local authority must ensure that the ongoing housing needs of the household are appropriately met in the accommodation it has sourced.

The core objectives of the scheme are to reform the approach towards providing accommodation within the private rented sector for long-term dependents under the Supplementary Welfare Allowance Scheme and to contribute to the attainment of better value for money for the State in the provision of long-term accommodation options. Housing authorities are very conscious of the need to attain value for money, and particularly so in the current economic climate. Value for money in relation to RAS can be viewed in a number of ways and can reflect both direct and indirect financial costs and benefits. Negotiating rent reviews and discounts along with the efficient management of RAS properties are some of the means my Department has advised authorities to utilise to attain good value and ensure the appropriate use of public funds. A value for money and policy review study of RAS is currently underway and will be finalised shortly.

The role of RAS has had to be adapted to reflect changes in the housing market and in the available capital funding for social housing. RAS is a successful programme which has achieved considerable output levels to date and delivered quality housing to a large number of households. Since the scheme began, some 37,757 households have transferred from rent supplement into RAS or other social housing options. The following below shows the number of transfers by local authority in the years 2009 to 2011:

Total No. of Transfers from Rent Supplement to RAS and Social Housing 2005-2011
Local Authorities (Housing)	2009	2010	2011	Total
Carlow Co. Cl.	150	132	128	410
Cavan Co. Cl.	155	144	162	461
Clare Co. Cl.	135	102	102	339
Cork City Cl.	279	353	359	991
Cork Co. Cl.	490	438	429	1,357
Donegal Co. Cl.	298	323	277	898
Dublin City Cl.	596	478	251	1,325
Dublin South Co. Cl.	527	452	365	1,344
Dun/Rathdown Co.Cl.	256	256	154	666
Fingal Co. Cl.	347	331	548	1,226
Galway City Cl.	208	135	168	511
Galway Co. Cl.	157	158	113	428
Kerry Co. Cl.	280	231	212	723
Kildare Co. Cl.	93	201	202	496
Kilkenny Co. Cl.	143	110	159	412
Laois Co. Cl.	53	64	75	192
Leitrim Co. Cl.	44	64	75	183
Limerick City Cl.	133	174	175	482
Limerick Co. Cl.	133	111	149	393
Longford Co. Cl.	106	94	42	242
Louth Co. Cl.	201	197	156	554
Mayo Co. Cl.	234	251	224	709
Meath Co. Cl.	135	164	168	467
Monaghan Co. Cl.	72	117	59	248
Nth Tipperary Co. Cl.	132	144	173	449
Offaly Co. Cl.	127	113	86	326
Roscommon Co.Cl.	145	165	144	454
Sligo Co. Cl.	163	117	128	408
Sth Tipperary Co. Cl.	200	196	199	595
Waterford City Cl.	181	111	250	542
Waterford Co. Cl.	142	155	99	396
Westmeath Co. Cl.	162	91	71	324
Wexford Co. Cl.	191	283	274	748
Wicklow Co. Cl.	134	154	161	449
Totals	6,802	6,609	6,337	19,748

Local Authority Charges

Questions Nos. 193 and 194 answered with Question No. 186.

Question No. 195 answered with Question No. 182.

Local Government Audit Service

Joan Collins

Question:

196 Deputy Joan Collins asked the Minister for the Environment, Community and Local Government if it has been brought to his attention that by majority vote on 19 December 2011, the members of Sligo County Council adopted the council budget for 2012 presented by the county manager; if his attention has been drawn to comments (details supplied); if he has examined the said budget and, if so, whether he considers it an acceptable and balanced budget and sufficient to meet the proposed income and expenditure of the council; and if he will make a statement on the matter. [10333/12]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan)

It is a matter for each local authority, including Sligo County Council, to determine its own spending priorities in the context of the annual budgetary process having regard to both locally identified needs and available resources. The elected members of a local authority have direct responsibility in law for all reserved functions of the authority, which include adopting the annual budget and authorising borrowing, and are democratically accountable for all expenditure by the local authority. Under subsection 103(7) of the Local Government Act 2001, a local authority can, by resolution at a local authority budget meeting, amend a draft budget and adopt a draft budget, with or without amendment. On 19 December 2011, Sligo County Council adopted its 2012 budget, without amendment, by majority vote.

In order to enhance the financial management and audit control systems in local authorities, an audit committee, with both councillor and expert external membership, is now in place in each county and city council. The functions of an audit committee are to review financial and budgetary reporting practices and procedures within a local authority, foster the development of best practice in the internal audit function, review auditors' reports and special reports and assess follow-up action by management, assess and promote efficiency and value for money, review risk management systems and make such recommendations to the authority as the committee considers appropriate in respect of such matters.

While it is a matter for individual local authorities to manage their own day-to-day finances in a prudent and sustainable manner, at the request of the Sligo County Council, I met with a delegation from the Council on 31 January 2012 to discuss its financial position, including its 2012 budget. The Councillor, referred to in the Question, attended and contributed to this meeting. My Department is in ongoing consultation with the Council in relation to its financial position, including its 2012 budget.

Residency Permits

David Stanton

Question:

197 Deputy David Stanton asked the Minister for Justice and Equality if there is provision to enable the granting of permanent residency in the State for non-EU nationals who have expressed a wish to live permanently here and who would not be a burden on the State; if he has plans to make such a provision; and if he will make a statement on the matter. [10005/12]

Minister for Justice and Equality (Deputy Alan Shatter)

Under various legislative provisions derived from EU Directives non-EEA family members of EEA nationals can live in Ireland on a permanent basis. There are also other administrative arrangements in place which enable long-term non-EEA lawful residents in the State to remain here on a permanent basis provided they meet self-sufficiency requirements.

On the wider question of putting in place arrangements for persons from non-EEA countries who wish to come here and live on a permanent basis, my Department is continuing to keep the situation under review. A major concern in this respect is whether such persons can remain self-sufficient while here. As the Deputy will appreciate, a person's financial circumstances can change often dramatically and it would be highly undesirable for the State to be left with financial responsibility even where the migrant had at the time of their coming to Ireland every intention of supporting themselves without any call on State supports.

Garda Operations

Aodhán Ó Ríordáin

Question:

198 Deputy Aodhán Ó Ríordáin asked the Minister for Justice and Equality his views on anti-social behaviour (details supplied) in Dublin 9; and if he will make a statement on the matter. [10055/12]

Minister for Justice and Equality (Deputy Alan Shatter)

I am informed by the Garda authorities that the area referred to is within the Clontarf Garda Sub-District. Local Garda management is aware of difficulties being experienced by residents as a result of public disorder and anti-social behaviour.

I am further informed that, as part of the District Policing Plan, the area has been designated as a ‘hot-spot' for anti-social behaviour and continues to be targeted for additional policing measures, by way of additional foot and mobile patrols, by uniform and plain-clothes units, including the Community Policing Unit and Garda Bike Units, local Detective and Drug Unit personnel, supplemented as required by the Divisional Crime Task Force and Traffic Corps personnel. A Community Garda is specifically allocated to the area referred to.

Local Garda management closely monitors the situation, including complaints and patrols being conducted in the area, in conjunction with other policing needs in the area to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public.

Current policing plans in the area are designed to address issues of crime and public order offences. Community policing is a central feature and core value of policing policy and current policing strategies are predicated on the prevention of crime, public order offences and anti-social behaviour. This strategy is, and will continue to be, central to the delivery of a policing service to the area in question. I am further informed that the situation is being kept under review by Garda management.

Courts Service

Frank Feighan

Question:

199 Deputy Frank Feighan asked the Minister for Justice and Equality in relation to divorce, if he will confirm or state otherwise that we do not have an unilateral no fault divorce, that is, a person cannot be divorced against their will in Ireland. [10067/12]

Minister for Justice and Equality (Deputy Alan Shatter)

The law on divorce is set out in the Family Law (Divorce) Act 1996. Section 5 of the Act prescribes the conditions under which a court may grant a divorce. Those conditions are that the court must be satisfied that, at the date of the institution of the proceedings, the spouses have lived separately for an aggregate of four years out of the previous five, there must be no reasonable prospect of reconciliation, and proper provision must be made for each of the spouses and any dependent member of the family. The Courts decide each case on its individual merits and will take into account representations made on behalf of either party.

Debt Settlement Systems

Robert Dowds

Question:

200 Deputy Robert Dowds asked the Minister for Justice and Equality the persons who will approve debt settlement arrangements under the new Personal Insolvency Bill, and in the event that a debt settlement arrangement is not approved, the recourse the debtor or trustee have open to them to appeal the decision and to whom do they appeal. [10073/12]

Minister for Justice and Equality (Deputy Alan Shatter)

The Personal Insolvency Bill, the Heads of which I published on 25 January 2012, introduces a number of new non-judicial debt settlement systems. The Debt Settlement Arrangement (DSA) provides for a system of debt settlement between a debtor and two or more creditors to repay an amount of unsecured consumer type debt only (of €20,001 and over) over a set period.

With the required assistance of a personal insolvency trustee, the debtor may apply to the Insolvency Service for a Protective Certificate in respect of preparation of a DSA. If granted, the Certificate would provide for a standstill period of 30 days during which creditors may not take action against the debtor. The trustee would then put forward a DSA to creditors for agreement. The DSA requires the approval of 65% in value of qualifying creditors and, if approved, is binding on all creditors. If approved, the Insolvency Service would provide formal registration of the DSA. At the satisfactory conclusion of the DSA all debts covered by it would be discharged. The Insolvency Service will have no role in the negotiation and agreement of a DSA. (Similar systems operate in the UK, Northern Ireland and Australia).

If the creditors do not agree to the DSA, then the arrangement fails and the creditors can seek enforcement of the debt through other means.

Residency Permits

Bernard J. Durkan

Question:

201 Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected position in respect of an application for subsidiary protection in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [10081/12]

Minister for Justice and Equality (Deputy Alan Shatter)

I refer the Deputy to my reply to Parliamentary Question No. 160 of Wednesday, 30th November, 2011 — set out beneath. The position is unchanged since then.

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 30th September, 2005, that the then Minister proposed to make a Deportation Order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a Deportation Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him.

The person concerned was subsequently notified of his entitlement to submit an application for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.

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

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.

Departmental Funding

Michael Conaghan

Question:

202 Deputy Michael Conaghan asked the Minister for Justice and Equality if he will list any mainstream drug projects which have received funding from him since 1997; and if he will detail the amount of funding provided to each scheme in each of the years 1997 to date in 2012. [10099/12]

Minister for Justice and Equality (Deputy Alan Shatter)

I wish to inform the Deputy that it has not been possible to provide the information required in the time available. The information is currently being collated and will be forwarded to the Deputy as soon as it is to hand.

EU Directives

Jonathan O'Brien

Question:

203 Deputy Jonathan O’Brien asked the Minister for Justice and Equality if he has decided not to opt in to the Recast Qualification Directive on 2009/0164 (COD) on asylum and subsidiary protection; and, if so, the specific grounds on which this decision was made. [10102/12]

Minister for Justice and Equality (Deputy Alan Shatter)

The legal basis for Council Directive 2011/95/EU of 13 December 2011, on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, ("the Qualification Directive") is Article 78 of the Treaty on the Functioning of the European Union (TFEU). Accordingly, the provisions of the Protocol on the position of Ireland and the United Kingdom in respect of the Area of Freedom, Security and Justice, annexed to the TEU and the TFEU apply.

In accordance with Articles 1, 2 and Article 4(a)(1) of the Protocol, Ireland did not participate in the adoption of the Directive and is not bound by it or subject to its application. This is without prejudice to Article 4 of the Protocol under which Ireland may at any time after the adoption of a measure by the Council notify its intention to the Council and to the Commission that it wishes to accept (opt-in to) the measure.

The question of opting-in to the Qualification Directive will be considered in the light of the outcome of negotiations on the other elements of the package of measures which comprise the second phase of the Common European Asylum System (CEAS).

Deportation Orders

Eoghan Murphy

Question:

204 Deputy Eoghan Murphy asked the Minister for Justice and Equality if he will review an asylum seeker case (details supplied). [10118/12]

Minister for Justice and Equality (Deputy Alan Shatter)

I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy has not been granted leave to remain in the State.

The person concerned is the subject of a Deportation Order, signed on 25 January 2005, following a comprehensive and thorough examination of his asylum claim and his application for subsidiary protection, and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended).

The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The person concerned has since 2005 been, and remains, under a continuing obligation to remove himself from the State but has failed to do so. If the individual concerned does not remove himself from the State, the enforcement of the Deportation Order becomes an operational matter for the Garda National Immigration Bureau.

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.

Citizenship Applications

Brendan Griffin

Question:

205 Deputy Brendan Griffin asked the Minister for Justice and Equality if a certificate of naturalisation will be granted to a person (details supplied) in County Kerry; and if he will make a statement on the matter. [10137/12]

Minister for Justice and Equality (Deputy Alan Shatter)

I am advised that an application for a certificate of naturalisation from the person referred to by the Deputy was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) in November, 2007 and my predecessor, in his absolute discretion, decided to refuse the application. The person concerned was informed of this and the reasons for it in a letter issued on 24th March, 2011.

There is no provision under the Irish Nationality and Citizenship Act 1956 as amended for appeal in relation to an application for a certificate of naturalisation. However, the person concerned may make a new application to INIS at any time.

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.

Garda Deployment

Kevin Humphreys

Question:

206 Deputy Kevin Humphreys asked the Minister for Justice and Equality the total cost of policing sporting fixtures, concerts and festivals in 2009, 2010 and 2011; the total amount of costs, if any, that were recouped from the organisers of these events; and if he will make a statement on the matter. [10146/12]

Kevin Humphreys

Question:

207 Deputy Kevin Humphreys asked the Minister for Justice and Equality the amount of moneys in 2009, 2010 and 2011 that has been reimbursed to the State under section 30 of the Garda Síochána Act 2005 in regards to sporting fixtures, concerts and festivals; and if he will make a statement on the matter. [10147/12]

Minister for Justice and Equality (Deputy Alan Shatter)

I propose to take Questions Nos. 206 and 207 together.

The Garda Commissioner is the Accounting Officer for the Garda Vote. In that context I am advised by the Garda authorities that Garda records in relation to sporting fixtures, concerts and festivals are not maintained in a format which provides a breakdown of the costs incurred in policing these events. I am further informed that the extraction of such data would require a significant and disproportionate use of Garda resources.

However, the Garda authorities have advised me that the amounts reimbursed to An Garda Síochána under section 30 of the Garda Síochána Act 2005 in respect of charges for non-public duty for the years 2009, 2010 and 2011 were €4,377,945, €3,349,989 and €4,068,014 respectively.

Garda Operations

Thomas P. Broughan

Question:

208 Deputy Thomas P. Broughan asked the Minister for Justice and Equality the additional steps the Garda Síochána will take following the increase in the number of serious gun crimes over the past few months; and if he will make a statement on the matter. [10305/12]

Minister for Justice and Equality (Deputy Alan Shatter)

The Gardaí are devoting all the necessary resources to the investigation of the serious crimes referred to by the Deputy and have my full support.

An Garda Síochána's Policing Plan for 2012 reflects the priorities which I set for the current year and includes as a strategic goal the objective of confronting serious crime in all its forms. The Gardaí employ multi-disciplinary, intelligence-led approaches to ensure the activities and resources of individuals and groups involved in all criminal enterprises are effectively targeted. A wide range of legislative powers are in place to support the investigation and detection of serious crime, including through covert surveillance, and very serious penalties have been introduced for firearms and organised crime offences.

I want to place on record my appreciation of the efforts of An Garda Síochána to counteract this type of crime and of the many achievements which they have had in this regard.

While recently enacted legislation to tackle organised crime and targeted policing is being fully utilised by An Garda Síochána, I am keeping the legislation under review. In particular, I have requested my Department to review the operation of the organised crime provisions contained in the Criminal Justice (Amendment) Act 2009 to see if its provisions can be strengthened.

Despite constraints on public finances, substantial Garda resources remain in place and these must be seen in the context of the programme of modernisation which is being delivered in An Garda Síochána under the Croke Park Agreement. I have full confidence in the Commissioner and the members of the Force in continuing on the delivery of this reform so as to provide effective front-line policing and investigate and detect serious crimes of the kind referred to by the Deputy.

Northern Ireland Issues

Clare Daly

Question:

209 Deputy Clare Daly asked the Minister for Justice and Equality his views regarding the use of the EU-US mutual legal assistance treaty by the PSNI to subpoena, through the US Department of Justice, tape recordings of interviews given in confidence to researchers by republican and loyalist paramilitaries who participated in the armed conflict in the North, noting that the decommissioning papers are lodged in the same archive at Boston College; and if he will make representations to the US Government requesting that these tapes should not be released in the interests of guaranteeing confidentiality to participants in important historical research, protecting the free flow of information and ensuring the safety of the researchers. [10334/12]

Clare Daly

Question:

210 Deputy Clare Daly asked the Minister for Justice and Equality if he has been consulted by his counterpart in Northern Ireland regarding the subject matter in the Boston College — Oral History Belfast Project. [10335/12]

Clare Daly

Question:

211 Deputy Clare Daly asked the Minister for Justice and Equality if any request has been made to him by the PSNI for the arrest of anyone within the State arising from the subject matter contained in the Boston College tapes — Oral History Belfast Project. [10336/12]

Minister for Justice and Equality (Deputy Alan Shatter)

I propose to take Questions Nos. 209 to 211, inclusive, together.

I refer the Deputy to my reply to Questions 169 to 174, inclusive, of 26 January 2012, in which I have set out the position in relation to the papers of the Independent International Commission on Decommissioning some of which have been lodged by the Commission at Boston College. I have no function in relation to the entirely separate issue of the Oral History Belfast Project.

As for the question of any request to arrest any individuals within this jurisdiction in relation to offences committed in another jurisdiction, there are well-established procedures under the European Arrest Warrant for dealing with any such requests. Ultimately that would be a matter for the Courts.

Army Barracks

Michael Healy-Rae

Question:

212 Deputy Michael Healy-Rae asked the Minister for Defence if he will once again investigate the closure of Kickham Barracks, County Tipperary; and if he will make a statement on the matter. [10059/12]

Finian McGrath

Question:

213 Deputy Finian McGrath asked the Minister for Defence if he will support the efforts to keep open Kickham Barracks, County Tipperary. [10133/12]

Minister for Defence (Deputy Alan Shatter)

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

As I have previously outlined to the House the consolidation of the Defence Forces formations into a smaller number of locations is a key objective in the ongoing defence modernisation programme and has been recommended in many reports over the past number of years. This was a key consideration of Government in addressing this issue as releasing personnel from security and support functions enables the operational capacity of the Defence Forces to be maintained notwithstanding the fall in strength.

As with previous rounds of consolidation under the Defence Forces modernisation programme any barracks, once vacated, will be disposed of with the proceeds being used to fund the upgrading of Defence Forces equipment and infrastructure. Since the announcement of the Government decision on barrack closures my Department has written to each Government Department and various agencies and local authorities seeking expressions of interest in acquiring any of the properties to benefit the local community as a whole but with particular emphasis on job creation measures. There have been preliminary discussions between officials of my Department and some other State agencies in relation to Kickham Barracks Clonmel but these discussions are at early stages.

Grant Payments

Martin Ferris

Question:

214 Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine if the lessee can claim single farm payment and other entitlements on that land. [10053/12]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney)

Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, had to be completed before any payment could issue. During these checks a query arose in respect of land parcels declared which requires digitisation of the areas concerned. This is being dealt with by my Department at present and once the digitisation process has been completed, the application will be processed with a view to making payment at the earliest opportunity.

Horticultural Industry

Seamus Kirk

Question:

218 Deputy Seamus Kirk asked the Minister for Agriculture, Food and the Marine his plans, if any, to expand the role of producer organisations particularly in the horticultural area; and if he will make a statement on the matter. [10160/12]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney)

In the face of ever-greater concentration of demand, the grouping of supply through producer organisations (POs) is a core part of the EU strategy for strengthening the position of producers in the market and was one of the main recommendations for the horticultural industry in the Harvest 2020 Report.

The POs play a role in supporting Irish producers of fruit and vegetables. Whilst my Department has encouraged growers to become actively involved in Producer Organisations, I have to recognise that currently difficulties are being experienced across a number of Member States in implementing the Scheme.

Milk Quota

Seamus Kirk

Question:

219 Deputy Seamus Kirk asked the Minister for Agriculture, Food and the Marine the position regarding his negotiations with the EU on the proposed national milk quota increase for the transitional years between now and 2015; and if he will make a statement on the matter. [10179/12]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney)

Over the past year, I and my Department have been extremely active in raising the question of an adjustment to the milk quota regime at every appropriate opportunity. We have made determined efforts to secure a soft landing for all Member States in the lead-up to milk quota abolition in 2015, as envisaged in the 2008 CAP Health Check agreement. I have discussed the matter extensively with other EU Agriculture Ministers, including in bilateral meetings with my Danish, French, German and Estonian counterparts. Furthermore, officials from my Department have raised this issue at EU level meetings, and at bi-lateral meetings with other Member States. We will continue to pursue this matter over the coming months.

Among the options discussed in relation to a soft landing are the front-loading of the remaining quota increases, a reduction in the super levy, a further reduction in butterfat correction levels, or a kind of EU flexi-milk arrangement which would operate provided EU production overall was within quota. Most attention has been focussed on the butterfat correction, and in December a coalition of Member States involving Ireland, Denmark, the Netherlands, Belgium and Cyprus formally put a specific proposal to the Special Committee for Agriculture for an adjustment to the butterfat correction mechanism.

Unfortunately, the Commission has consistently resisted attempts to reconsider this issue, as it has resisted attempts to revisit the outcome of the 2008 CAP Health Check in an overall sense. This is a view which is supported by a number of Member States, some of which are firmly against any further adjustment to the Health Check agreement. It is also the case that only a minority of Member states is likely to be adversely affected by the current quota restrictions, and therefore persuading a qualified majority to agree to an adjustment of the current regime represents a significant challenge. There are currently no signs of a breakthrough in this regard.

Irish dairy farmers must therefore continue to operate on the assumption that no further changes will be made to the milk quota arrangements agreed in the context of the CAP Health Check. This is extremely important, and I cannot emphasise the point strongly enough. Milk deliveries in the 2010/2011 milk quota year were only just below quota, and deliveries in 2011/2012 to date continue to run almost on quota. With a super levy an increasing likelihood in the final years before quota abolition, all dairy farmers must carefully plan their production activities and pay close attention to the limitations imposed by the quota regime if they are to avoid potentially ruinous super levy fines.

Martin Heydon

Question:

220 Deputy Martin Heydon asked the Minister for Agriculture, Food and the Marine the number of milk production partnerships in the country at present; and if he will make a statement on the matter. [10223/12]

Martin Heydon

Question:

221 Deputy Martin Heydon asked the Minister for Agriculture, Food and the Marine outside of milk production farm partnerships, the number of other farm partnerships there are here at present; and if he will make a statement on the matter. [10224/12]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney)

I propose to take Questions Nos. 220 and 221 together.

The European Communities Milk Quota Regulations 2008, established a statutory basis for registering milk production partnerships in the context of the administration of the milk quota regime. The register is administered by Teagasc, and I understand that 589 such partnerships are currently registered with Teagasc.

Against the background of the ending of the legal basis for Milk Production Partnership in April 2015, the increased interest being expressed by other sectors of the farming community in farm partnerships, and the undoubted benefits collaborative arrangements between farmers, I am exploring means of encouraging participation in farm partnerships including through the removal of administrative barriers in the context of access to Department schemes. In that context I am also considering whether there is a need to extend the current registration system to other forms of farm partnership. Given that there is no such system in place at present, I am not in a position to provide the additional information requested by the Deputy.

Departmental Agencies

Olivia Mitchell

Question:

222 Deputy Olivia Mitchell asked the Minister for Agriculture, Food and the Marine if he will outline the training courses provided by Bord Iascaigh Mhara; if his attention has been drawn to reports that Bord Iascaigh Mhara is providing training courses for activities that might be deemed outside its remit and providing those courses at a cost significantly below the going market rate to the detriment of private competitors; if he will confirm that he is satisfied Bord Iascaigh Mhara is using its State funding in an appropriate manner; and if he will make a statement on the matter. [10248/12]

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney)

Bord Iascaigh Mhara (BIM) is an independent statutory body and the main provider of vocational training to the seafood industry. I am requesting a report from the BIM Chairperson on the issues raised by the Deputy.

Departmental Funding

Michael Conaghan

Question:

223 Deputy Michael Conaghan asked the Minister for Children and Youth Affairs if she will list any mainstream drug projects which have received funding from him since 1997; and if she will detail the amount of funding provided to each scheme in each of the years 1997 to date in 2012. [10094/12]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald)

The Youth Affairs Unit of my Department supports the delivery of a range of youth work programmes and services for all young people, including those from disadvantaged communities, by the voluntary youth sector. These include the Youth Service Grant Scheme, the Special Projects for Youth Scheme, the Young People's Facilities and Services Fund (Rounds 1 and 2) and the Local Drugs Task Force Projects. In particular, the Youth Affairs Unit provides support targeted supports to 21 mainstream drug projects for marginalised and at risk young people in the Local Drugs Task Force (LDTF) areas (responsibility for these projects transferred to this Department from Department of Education and Skills in January 2011) and a number of dedicated drugs education and prevention projects under the Special Projects for Youth Scheme and the Young People's Facilities and Services Fund (Rounds 1 and 2).

The funding allocations for 2011 and 2012 in respect of these initiatives are outlined in the following tables. Further details in respect of previous years, funding for mainstreamed projects funded under the Special Projects for Youth Scheme and the Young Peoples Facilities and Services Fund (Rounds 1 and 2) will be provided separately to the Deputy.

Local Drugs Task Force (LDTF)	2011	2012
	€	€
Admin/Evaluation	64,535	60,340
Ballyfermot Youth Service — LDTF	92,304	86,305
BRYR (Ballymun Regional Youth Resource)	99,599	93,125
St. Michael's Youth Project	50,180	46,919
Bonnybrook Youth Project (Sphere 17)	138,400	129,404
Catholic Youth Care (Awareness Finglas Cabra)	138,862	129,836
Finglas Youth Resource Centre	98,345	91,952
Ballybough Youth Project	53,843	50,344
Catholic Youth Care (SIC Post)	52,360	48,957
Charlemount Community Association	49,800	46,563
Cork Street and Maryland Community Project (DAYS — Donore Avenue Youth Service)	53,687	50,197
St. Andrew’s Youth Resource Centre	49,192	45,994
SWICN — South West Inner City Network	49,251	46,049
Blanchardstown Peer Drug Ed. Prevention Prog.	58,212	54,428
Clondalkin Travellers Development	39,863	37,272
Ballyogan Youth Project	49,075	45,885
Shanganagh/Rathsallagh Youth Project	59,827	55,938
Youth Support in Whitechurch	43,712	40,871
Youth Skills/Peer Education	41,143	38,469
Drug Prevention	45,800	42,823
Alternative High	45,800	42,823
St. Aengus Neighbourhood Youth Project	58,831	55,007
Total	€1,432,622	€1,339,501

Special Projects for Youth Scheme	2011	2012
	€	€
Ballymun Youth Action Project	100,000	*
Total	€100,000

* Significant surplus carried forward from 2011.

Young People’s Facilities and Services Fund (1)	2011	2012
	€	€
Churchfield Youth Community Trust (Exclu to Inclu Drug Prevention) — Cork City	62,041	58,008
Prevention through Education, Dún Laoghaire	44,880	41,963
Total	€106,921	€99,971

Young People’s Facilities and Services Fund (2)	2011	2012
	€	€
Catholic Youth Care Drug Prevention/Education Officer	54,000	50,490
Foróige Drug Prevention/Education Officer	54,000	50,490
ECO UNESCO Drug Prevention/Education Officers	81,000	75,735
YMCA Drug Prevention/Education Officer	54,000	50,490
ISPCC Drug Prevention/Education Officer	54,000	50,490
Ferrybank Drugs Prevention Project Youth and Outreach Workers, Waterford	107,000	100,045
Drugs Projects Facilitator Worker, Limerick City	27,000	25,245
Southhill Area Centre Drug Prevention Worker	53,500	50,023
Total	€484,500	€453,008

Children in Care

Caoimhghín Ó Caoláin

Question:

224 Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs the number of children under two years of age taken into care in 2011; the reasons they were taken into care, that is, physical abuse, emotional abuse, sexual abuse and neglect; the number taken directly into care from hospital; and if he will provide a breakdown of the reasons for same. [10169/12]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald)

My Department has sought the information requested by the Deputy from the HSE and I will provide the Deputy with the information as soon as it becomes available.

Health Services

Finian McGrath

Question:

225 Deputy Finian McGrath asked the Minister for Health the position regarding an assessment in respect of a person (details supplied). [10227/12]

Minister of State at the Department of Health (Deputy Kathleen Lynch)

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

Medical Cards

Jerry Buttimer

Question:

226 Deputy Jerry Buttimer asked the Minister for Health when an application for a medical card will be decided in respect of a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [10050/12]

Minister of State at the Department of Health (Deputy Róisín Shortall)

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

Jerry Buttimer

Question:

227 Deputy Jerry Buttimer asked the Minister for Health when an application for a medical card will be decided in respect of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [10051/12]

Minister of State at the Department of Health (Deputy Róisín Shortall)

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

Jerry Buttimer

Question:

228 Deputy Jerry Buttimer asked the Minister for Health when an application for a medical card will be decided in respect of a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [10052/12]

Minister of State at the Department of Health (Deputy Róisín Shortall)

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

Registration of Medical Practitioners

David Stanton

Question:

229 Deputy David Stanton asked the Minister for Health the number of applications for registration currently before the Medical Council in each of the four applicant categories; the current average processing time for each of these categories; and if he will make a statement on the matter. [10076/12]

Minister for Health (Deputy James Reilly)

Registration of medical practitioners is a matter for the Medical Council. I have forwarded your query to the Medical Council for direct reply to the Deputy.

Medical Cards

Martin Heydon

Question:

230 Deputy Martin Heydon asked the Minister for Health if a medical card application will be expedited in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [10079/12]

Minister of State at the Department of Health (Deputy Róisín Shortall)

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

Hospital Staff

Sean Fleming

Question:

231 Deputy Sean Fleming asked the Minister for Health the total number of doctors, consultants, registrars, and surgeons currently employed in St. Brigid’s Hospital, Ballinasloe, County Galway; the number of these on sick leave; the longest period for which a person is currently on sick leave; and if he will make a statement on the matter. [10083/12]

Minister of State at the Department of Health (Deputy Kathleen Lynch)

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

Hospital Waiting Lists

James Bannon

Question:

232 Deputy James Bannon asked the Minister for Health the position regarding an appointment in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [10085/12]

Minister for Health (Deputy James Reilly)

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.

Departmental Funding

Michael Conaghan

Question:

233 Deputy Michael Conaghan asked the Minister for Health if he will list any mainstream drug projects which have received funding from him since 1997; and if he will detail the amount of funding provided to each scheme in each of the years 1997 to date in 2012. [10097/12]

Minister of State at the Department of Health (Deputy Róisín Shortall)

With effect from 1st January 2001, following an evaluation process, over 120 interim funded projects in Local Drugs Task Force areas were mainstreamed to various Departments and Agencies. From then on, funding and oversight became the responsibility of those bodies.

There were no projects mainstreamed to the Department of Health. However, I can confirm that 65 projects were mainstreamed to the relevant former Health Board areas. I have asked the HSE to reply directly to the Deputy with the information requested regarding the funding provided to the projects from 2001 to date.

Dan Neville

Question:

237 Deputy Dan Neville asked the Minister for Health the position regarding the replacement of the Central Mental Hospital, Dublin; and if he will provide details of the plan to complete this project. [10150/12]

Minister of State at the Department of Health (Deputy Kathleen Lynch)

Funding is included in the HSE Capital Plan to provide for planned infrastructural developments for the National Forensic Mental Health Service. These include the development of a new 120 bed hospital to replace the Central Mental Hospital (CMH), the development of a 10 bed Intellectual Disability Forensic Mental Health Unit, a 10 bed Child and Adolescent Forensic Mental Health Unit, as well as four regional Intensive Care Rehabilitation Units (ICRUs).

It is planned to build the new CMH, the Intellectual Disability and Child and Adolescent Forensic Mental Health Units at Portrane, Co. Dublin. The HSE has sought expressions of interest for the design team for this project and it is hoped that work on the design will commence in the coming months. It is envisaged that construction will start in 2014 and the facility will be completed and operational by 2016.

The regional ICRUs will be located at appropriate locations around the country and will serve as a gateway between the community mental health service and the forensic service. One of the ICRUs will be located at Portrane and a decision on the regional locations for the remaining three units will be finalised shortly.

Health Services

Jack Wall

Question:

238 Deputy Jack Wall asked the Minister for Health when students in a special needs unit at a school (details supplied) in County Kildare will receive speech and language therapy and occupational therapy services; and if he will make a statement on the matter. [10157/12]

Minister of State at the Department of Health (Deputy Kathleen Lynch): 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

Martin Ferris

Question:

239 Deputy Martin Ferris asked the Minister for Health when a decision will issue on a medical card application in respect of a person (details supplied). [10164/12]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Martin Ferris

Question:

240 Deputy Martin Ferris asked the Minister for Health when a decision on a medical card will issue in respect of a person (details supplied) in County Kerry. [10165/12]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Hospital Services

Seamus Kirk

Question:

241 Deputy Seamus Kirk asked the Minister for Health if the proposed changes in the Health Service Executive North East service report will involve the closure of St Joseph’s, Ardee, and the Cottage Hospital Drogheda, County Louth; if so, the location at which the current residents will be accommodated; and if he will make a statement on the matter. [10170/12]

Seamus Kirk

Question:

242 Deputy Seamus Kirk asked the Minister for Health what will happen to the staff of St Joseph’s, Ardee, and the Cottage Hospital, Drogheda, County Louth if, as stated in the Health Service Executive North East service report, these two facilities close; and whether there will be a redeployment scheme put in place; and if he will make a statement on the matter. [10171/12]

Seamus Kirk

Question:

243 Deputy Seamus Kirk asked the Minister for Health if he and the Health Service Executive are willing to consider plans by St Joseph’s Hospital, Ardee, and the Cottage Hospital Drogheda, County Louth, and retain the existing residential beds of each site; and if he will make a statement on the matter. [10173/12]

Seamus Kirk

Question:

244 Deputy Seamus Kirk asked the Minister for Health the number of residential nursing home beds in County Louth in both the public and private sector; and if he will make a statement on the matter. [10176/12]

Minister of State at the Department of Health (Deputy Kathleen Lynch): I propose to take Questions Nos. 241 to 244, inclusive, together.

As these are service matters they been referred to the Health Service Executive for direct reply.

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.

Medicinal Products

Brendan Griffin

Question:

251 Deputy Brendan Griffin asked the Minister for Health his views on a matter (details supplied); and if he will make a statement on the matter. [10279/12]

Minister of State at the Department of Health (Deputy Róisín Shortall): Fingolimod (Gilenya®) is licensed for the Irish market. The manufacturer has submitted an application to the HSE for the product to be reimbursed under the High-Tech Drug Scheme. The application in respect of the product in question is still under consideration.

Hospital Accommodation

Micheál Martin

Question:

252 Deputy Micheál Martin asked the Minister for Health the basis for the closure of the Rhiannon ward, St Mary’s Hospital, Phoenix Park, Dublin; the consultations held with patients and their families in advance of the announced closure; if he will publish a copy of the Health Information Quality Authority report on the ward; and if he will make a statement on the matter. [10282/12]

Minister of State at the Department of Health (Deputy Kathleen Lynch): While this is a service matter and has been referred to the Health Service Executive for direct reply the Deputy should note that the Health Information and Quality Authority routinely publishes all inspection reports. They are available at www.hiqa.ie. The latest report published for St Mary’s is of an inspection completed in April 2010.

Pension Provisions

Mary Lou McDonald

Question:

253 Deputy Mary Lou McDonald asked the Minister for Health if former Minister of State, Mary Wallace, is in receipt of a Health Service Executive pension. [10320/12]

Minister for Health (Deputy James Reilly)

As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Health Service Reports

Gerry Adams

Question:

254 Deputy Gerry Adams asked the Minister for Health further to Parliamentary Question No. 30 of 15 February 2012, when he intends to publish the report of the independent researcher who was appointed to complete a report into the practice of symphysiotomy in Ireland. [10325/12]

Minister for Health (Deputy James Reilly)

My Department has received a draft report from the independent academic researcher who was appointed to complete a report into the practice of symphysiotomy in Ireland.

I have asked the Attorney General to consider the draft report. Subject to her views, I propose to make the draft report available for consultation by interested parties. The draft report will then be finalised by the academic researcher, taking account of the consultative process and any legal considerations. I will consider the full report when it has been finalised, and I will then make decisions regarding the appropriate next steps. I am very conscious of the distress that this procedure has caused to a number of women in the past and recognise the pain that this issue has caused to those affected by it. The Government is committed to dealing with it sensitively, so that if at all possible, closure can be brought to those affected by it. In the first instance, it is important to make sure that the health needs of those who have had a symphysiotomy are met quickly and effectively.

With this in mind I am committed to ensuring that the greatest possible supports and services are made available to women who continue to suffer effects of having undergone this procedure. The women concerned continue to receive attention and care through a number of services which have been put in place. These include the provision of medical cards, the availability of independent clinical advice and the organisation of individual pathways of care and the arrangement of appropriate follow-up.

The provision of these necessary support services for women is monitored and overseen by the HSE who are committed to being proactive in seeking out and offering help to women who underwent a symphysiotomy.

Care of the Elderly

257 Deputy Gerry Adams asked the Minister for Health the average weekly cost per patient in public nursing home units. [10328/12]

Gerry Adams

Question:

258 Deputy Gerry Adams asked the Minister for Health the weekly cost per patient in each of the public nursing homes in the State. [10329/12]

Minister of State at the Department of Health (Deputy Kathleen Lynch)

I propose to take Questions Nos. 257 and 258 together.

The cost of care in every public nursing home in the State is published on the HSE's website at: http://www.hse.ie/eng/services/Find_a_Service/Older_People_Services/nhss/costhse.pdf.

The HSE is currently reviewing its cost of care. This will take account of the effect of the ‘grace period' for staff retiring on current costs.

Private Nursing Homes

Gerry Adams

Question:

259 Deputy Gerry Adams asked the Minister for Health the total spend by the State in supporting or subsidising including tax foregone to the Exchequer from tax incentive schemes for private nursing homes in each year since 2007. [10330/12]

Minister of State at the Department of Health (Deputy Kathleen Lynch)

The Department of Health does not operate any financial support schemes for private nursing homes.

I understand my colleague the Minister for Finance has replied to the Deputy in relation to the cost of tax foregone to the Exchequer in terms of income tax and corporation tax for the development of nursing homes.

Question No. 260 answered with Question No. 255.

Nursing Home Services

Gerry Adams

Question:

261 Deputy Gerry Adams asked the Minister for Health if the Cottage Hospital in Drogheda or St Joseph’s Nursing Home in Ardee, County Louth could be better utilised to deal with the issue of delayed discharges from Our Lady of Lourdes Hospital in Drogheda. [10332/12]

Minister for Health (Deputy James Reilly)

The utilisation of such facilities is a service matter. As such, your query has been referred to the HSE for direct reply.

Cable Car Transport

Michael Healy-Rae

Question:

262 Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport if he will review a matter (details supplied) regarding Dursey Island, County Cork; and if he will make a statement on the matter. [10131/12]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar)

The regulation of the Dursey Island cable car and the setting of safety restrictions on its use are the responsibility of Cork County Council. I have referred the Deputy's question to Cork County Council asking that they reply to him directly on the matter.

Road Network

Sean Fleming

Question:

263 Deputy Sean Fleming asked the Minister for Transport, Tourism and Sport the allocation for each local authority in 2010 and 2011 under the local improvement scheme for roads; and if he will make a statement on the matter. [10084/12]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar)

The 2010 and 2011 regional and local road grant allocation booklets, which include the information the Deputy requires, are available in the Dáil Library.

Departmental Funding

Michael Conaghan

Question:

264 Deputy Michael Conaghan asked the Minister for Transport, Tourism and Sport if he will list any mainstream drugs projects which have received funding from him since 1997; and if he will detail the amount of funding provided to each scheme in each of the years from 1997 to date in 2012. [10101/12]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar)

My Department has not funded any such mainstream projects.

Public Transport

Eoghan Murphy

Question:

265 Deputy Eoghan Murphy asked the Minister for Transport, Tourism and Sport if Dublin Bus is using its GPS system in tandem with local authorities to ensure better traffic flows through priority movement of public transport at junctions, for example by maintaining a green light for a bus approaching a junction. [10121/12]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar)

The issue raised is a matter for Dublin Bus. 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.

Driver Licences

Eoghan Murphy

Question:

266 Deputy Eoghan Murphy asked the Minister for Transport, Tourism and Sport if he will review a case (details supplied) regarding the issuance of a driver’s licence. [10122/12]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar)

The driver licensing regime is defined in the Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006), as amended. The supporting documentation required in conjunction with an application for the issue or renewal of a driving licence is set out in the statutory application form D.401. The currently valid version of this form is defined in the Road Traffic (Licensing of Drivers) (Amendment) (No.2) Regulations 2010 (S.I. No. 544 of 2010). Section G of the form requires the submission of the current licence with the application. The text of the regulations also makes clear that the current licence should accompany the application. I note that, in the case to which the Deputy refers, a copy of the current licence, rather than the licence itself, has been submitted. In addition, Regulation 54 of the Regulations of 2006 allows the licensing authority to request as evidence of identity any of a number of types of document, of which a passport is one. The Immigration Certificate of Registration, commonly referred to as a GNIB card, is not one of the listed forms of documentation. However, there are thirteen different types of documentation which the licensing authority, in this case the Motor Taxation Office (MTO) of Dublin City Council, may accept. I would suggest that a reasonable solution could be found as to which form of identification the MTO might accept, especially given that the individual concerned has already received an Irish driving licence. The application must, however, be accompanied by the original licence and not a copy.

In regard to the Deputy's request that I review this case, the licensing of drivers operates through the MTOs of the local authorities, and I have no authority over their operation.

Road Safety

Gerry Adams

Question:

267 Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport, further to Parliamentary Question No. 656 of 31 January 2012, if he will provide details of all road traffic accidents along the N33 link road and around the Stabannon and Dromin turn-offs in the past number of years. [10132/12]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar)

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) the Road Safety Authority (RSA) has responsibility for the compilation and analysis of road safety collision statistics. I have referred the Deputy's question to the Road Safety Authority for direct reply. Please advise my private office if you do not receive a reply within 10 working days.

Cycle Facilities

Kevin Humphreys

Question:

268 Deputy Kevin Humphreys asked the Minister for Transport, Tourism and Sport his views on the decision of the Luas operator in its by-laws to formally ban the carrying of bicycles unless they are foldable; if he will ask the operators to reverse this decision and instead allow for carrying of bikes at off-peak times on the Luas, as is stated in the national cycle policy; and if he will make a statement on the matter. [10262/12]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar)

I have been advised by the Railway Procurement Agency (RPA) that the by-laws referred to by the Deputy were put on public display at their offices in Parkgate Street on 25 May 2011 and remained on display for the 30-day statutory period. The public were notified of the RPA's intention to make the by-laws by way of newspaper notices published on that day. The RPA did not receive any observations or submissions from members of the public within the statutory period.

The RPA has consistently stated that passenger safety is paramount and that neither RPA nor Veolia will do anything which might jeopardise the safety of Luas passengers. It is the view of RPA and Veolia that the services and capacity of Luas do not permit the safe segregated carriage of bicycles on Luas at present. Bicycles which are folded are permitted.

Due to the continued success and increased patronage of Luas during the peak and off-peak periods, spare capacity or the provision of a safe defined/segregated storage area on Luas is not available. There is no easily identified off-peak period as part of the success of Luas has been its ability to attract non-commuter passengers to the service.

I conveyed my consent to the by-laws on 6 January 2012 and the Light Railway (Regulation of Travel and Use) Bye-Laws 2012 (S.I. No. 44 of 2012) were signed by the RPA on 3 February 2012.

Public Transport

Brian Walsh

Question:

269 Deputy Brian Walsh asked the Minister for Transport, Tourism and Sport if the contract for public service obligation bus routes will be the subject of a tender process when the current arrangement expires in December 2014; and if he will make a statement on the matter. [10283/12]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar)

Under EU law and the Dublin Transport Authority Act 2008, as amended, existing public service obligation (PSO) bus services can be procured by the National Transport Authority (NTA) through direct award contracts and any other new subvented services must be procured by way of open tendering.

At the expiry of the current 5 year direct award contracts for the provision of PSO services with Dublin Bus and Bus Éireann the NTA have discretion to renew, modify or terminate the direct award provision of bus services following a consultation process with interested parties under which the NTA is obliged to justify its approach.

In accordance with the commitment in the Programme for Government to explore the benefit to the public transport passenger of more diverse bus service provision, I will be consulting with my Ministerial colleagues soon on the future options for procurement of PSO bus services.

Dáil Éireann debate - Wednesday, 22 Feb 2012

Banks Recapitalisation

Pádraig Mac Lochlainn

Fiscal Policy

Liam Twomey

Departmental Staff

Michael Moynihan

Financial Products

Michael McGrath

Fiscal Policy

Charlie McConalogue

Financial Services Regulation

Bernard J. Durkan

State Banking Sector

Sean Fleming

Peadar Tóibín

Financial Services Regulation

Brendan Smith

Credit Availability

Luke 'Ming' Flanagan

Banking Sector Remuneration

Barry Cowen

Illegal Money Lenders

Micheál Martin

State Banking Sector

Clare Daly

Proposed Legislation

Luke 'Ming' Flanagan

Fiscal Policy

John Halligan

State Banking Sector

Pádraig Mac Lochlainn

EU-IMF Programme

Richard Boyd Barrett

Fiscal Policy

Robert Troy

State Banking Sector

Seán Crowe

Debt Management

Dara Calleary

Personal Debt

Denis Naughten

Banking Sector Regulation

Peadar Tóibín

Ministerial Appointments

Brian Stanley

Banks Recapitalisation

Gerry Adams

Departmental Records

Seán Crowe

Tax Code

Clare Daly

Strategic Investment Fund

Mick Wallace

Mick Wallace

Proposed Legislation

Catherine Murphy

Bank Guarantee Scheme

Pearse Doherty

Fiscal Policy

John Halligan

Financial Sector Regulation

Caoimhghín Ó Caoláin

Banks Recapitalisation

Gerry Adams

Sandra McLellan

EU Summits

Joe Higgins

Banks Recapitalisation

Richard Boyd Barrett

Vehicle Registration

Tony McLoughlin

European Central Bank

Bernard J. Durkan

Dáil Éireann debate -
Wednesday, 22 Feb 2012